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Stephen B. Burbank

University of Pennsylvania Law School

David Berger Professor for the Administration of Justice

3501 Sansom Street

Philadelphia, PA 19104

United States

  • University of Pennsylvania Law School

SCHOLARLY PAPERS

19

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CITATIONS
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14

Scholarly Papers (19)

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1.

Judicial Independence, Judicial Accountability and Interbranch Relations

Georgetown Law Journal, Vol. 95, p. 909, 2006, University of Pennsylvania Law School, Public Law Working Paper No. 06-29
Number of pages: 19 Posted: 04 Aug 2006 Last Revised: 05 Apr 2009
Stephen B. Burbank
University of Pennsylvania Law School
Downloads 593 (31,864)
Citation 2

Abstract:

judges, policy agents, federal judiciary, courts, judicial independence, incentives, contemporary politics, interest group, Richard Arnold, long-term interests

2.

Federalism and Private International Law: Implementing the Hague Choice of Court Convention in the United States

U of Penn Law School, Public Law Working Paper No. 06-27, Journal of Private International Law, Forthcoming
Number of pages: 27 Posted: 31 Jul 2006
Stephen B. Burbank
University of Pennsylvania Law School
Downloads 372 (59,852)

Abstract:

3.

The Class Action Fairness Act of 2005 in Historical Context: A Preliminary View

University of Pennsylvania Law Review, Vol. 156, p. 1439, June 2008, U of Penn Law School, Public Law Research Paper No. 08-03
Number of pages: 113 Posted: 14 Jan 2008 Last Revised: 05 Apr 2009
Stephen B. Burbank
University of Pennsylvania Law School
Downloads 368 (60,198)
Citation 4

Abstract:

Practice and procedure, complex litigation, CAFA, federal diversity of citizenship litigation, history of diversity class actions, forum choice, multistate class actions, caseloads, federal judiciary, Judicial Conference

4.

Leaving the Bench, 1970-2009: The Choices Federal Judges Make, What Influences Those Choices, and Their Consequences

University of Pennsylvania Law Review, Vol. 161, Pg. 1, 2012, U of Penn Law School, Public Law Research Paper No. 12-31
Number of pages: 102 Posted: 16 Apr 2012 Last Revised: 30 Nov 2012
Stephen B. Burbank, S. Jay Plager and Gregory Ablavsky
University of Pennsylvania Law School, United States Court of Appeals for the Federal Circuit and Stanford Law School
Downloads 328 (61,152)

Abstract:

Federal judges, judiciary, judicial retirement, retire, senior status, empirical studies, pension, cost-of-living adjustments, COLAs, Rule of 80, incentives and disincentives

5.

Litigation and Democracy: Restoring a Realistic Prospect of Trial

Harvard Civil Rights-Civil Liberties Law Review (CR-CL), Vol. 46, No. 2, pp. 399-414, Summer 2011, U of Penn Law School, Public Law Research Paper No. 10-37, Northeastern University School of Law Research Paper No. 59-2011
Number of pages: 17 Posted: 10 Dec 2010 Last Revised: 11 Dec 2011
Stephen B. Burbank and Stephen Subrin
University of Pennsylvania Law School and Northeastern University - School of Law
Downloads 277 (81,014)
Citation 1

Abstract:

Pleading and procedure, jury trials, Federal Rules of Civil Procedure, Rule 12(b)(6) motion to dismiss, decline in the number of trials, settlement, judicial case management, conclusory allegations, notice pleading and the right to discovery, Congressional intent, Rules Enabling Act, rulemaking

6.

Pleading and the Dilemmas of 'General Rules'

Wisconsin Law Review, Vol. 2009, p. 535, U of Penn Law School, Public Law Research Paper No. 09-08
Number of pages: 31 Posted: 12 Mar 2009 Last Revised: 08 Apr 2009
Stephen B. Burbank
University of Pennsylvania Law School
Downloads 263 (91,770)
Citation 4

Abstract:

Rules Enabling Act, practice and procedure, Tellabs, Federal Rules of Civil Procedure, FRCP, judicial interpretation, fact pleading, substantive federal common law

7.

Litigation Reform: An Institutional Approach

University of Pennsylvania Law Review, Vol. 162, P. 1543, 2014, U of Penn Law School, Public Law Research Paper No. 13-28
Number of pages: 76 Posted: 29 Nov 2013 Last Revised: 13 Sep 2014
Stephen B. Burbank and Sean Farhang
University of Pennsylvania Law School and University of California, Berkeley
Downloads 259 (66,918)

Abstract:

Courts, practice and procedure, politics, Federal Rules of Civil Procedure, Rules Enabling Act, restrictions on private enforcement of legislation, judicial amendment, interpretive amendments, SCOTUS, litigation reform, empirical research, quantitative evidence of the power of procedure, ideology

8.

On the Study of Judicial Behaviors: Of Law, Politics, Science and Humility

U of Penn Law School, Public Law Research Paper No. 09-11
Number of pages: 48 Posted: 22 Apr 2009
Stephen B. Burbank
University of Pennsylvania Law School
Downloads 259 (88,901)

Abstract:

Courts, political science, history of the study of judicial behavior in legal scholarship, causes of behavior by judges, indifference, selfishness, methodological imperialism, legal and political similarities and synergies, methodological pluralism, interdisciplinary turf wars, institutional design

9.

Private Enforcement of Statutory and Administrative Law in the United States (and Other Common Law Countries)

in PROCEDURAL JUSTICE 197-318 (Peter Gottwald & Burkhard Hess, eds. 2014)., U of Penn Law School, Public Law Research Paper No. 11-08
Number of pages: 120 Posted: 09 Mar 2011 Last Revised: 06 May 2014
Stephen B. Burbank, Sean Farhang and Herbert M. Kritzer
University of Pennsylvania Law School, University of California, Berkeley and University of Minnesota Law School
Downloads 243 (92,872)
Citation 1

Abstract:

Administrative law, politics, practice and procedure, regulation, delegation, compliance, structure of private enforcement, common law, enforcement regimes, employment discrimination law, consumer protection legislation

10.

Redeeming the Missed Opportunities of Shady Grove

University of Pennsylvania Law Review, Vol. 159, p. 17, 2010, U of Penn Law School, Public Law Research Paper No. 10-31
Number of pages: 61 Posted: 16 Sep 2010 Last Revised: 26 Nov 2010
Stephen B. Burbank and Tobias Barrington Wolff
University of Pennsylvania Law School and University of Pennsylvania Law School
Downloads 233 (102,853)
Citation 1

Abstract:

Federal Rules of Civil Procedure, Federal Rule 23, class actions, complex litigation, The Rules Enabling Act, separation of powers, rulemaking, federal common law, substance versus procedure, private enforcement

11.

The Complexity of Modern American Civil Litigation: Curse or Cure?

Judicature, Vol. 91, P. 163, 2008, U of Penn Law School, Public Law Research Paper No. 07-27
Number of pages: 14 Posted: 19 Jun 2007 Last Revised: 03 Jun 2017
Stephen B. Burbank
University of Pennsylvania Law School
Downloads 201 (115,598)

Abstract:

complex litigation, joinder of claims and parties, Class Action Fairness Act of 2005, aggregation

12.

A Tea Party at the Hague?

Southwestern Journal of International Law, Vol. 18, P. 101, 2013, U of Penn Law School, Public Law Research Paper No. 12-32
Number of pages: 19 Posted: 18 Apr 2012 Last Revised: 25 Sep 2014
Stephen B. Burbank
University of Pennsylvania Law School
Downloads 167 (135,808)

Abstract:

procedure, litigation, arbitration, private international law, The Hague Convention on Choice of Court Agreements, transnational contracts, forum selection, choice of court, forum non conveniens, lis pendens, recognition and enforcement of judgments, international judicial cooperation, ULC, NCCUSL

13.

Private Enforcement

Lewis & Clark Law Review, Vol. 17, P. 637, 2013, U of Penn Law School, Public Law Research Paper No. 13-22, Minnesota Legal Studies Research Paper No. 13-46
Number of pages: 88 Posted: 15 Sep 2013
Stephen B. Burbank, Sean Farhang and Herbert M. Kritzer
University of Pennsylvania Law School, University of California, Berkeley and University of Minnesota Law School
Downloads 154 (131,089)
Citation 1

Abstract:

Administrative law, politics, practice and procedure, regulation, delegation, compliance, structure of private enforcement, common law, enforcement regimes, employment discrimination law, consumer protection legislation

14.

Federal Court Rulemaking and Litigation Reform: An Institutional Approach

Nevada Law Journal, Vol. 15, Pg. 1559, 2015, U of Penn Law School, Public Law Research Paper No. 14-26
Number of pages: 38 Posted: 13 Aug 2014 Last Revised: 16 Mar 2016
Stephen B. Burbank and Sean Farhang
University of Pennsylvania Law School and University of California, Berkeley
Downloads 152 (100,276)

Abstract:

Practice and procedure, courts, politics and ideology of the judiciary, separation of powers, opportunities and incentives for private enforcement, legislation, Federal Rules of Civil Procedure, SCOTUS, empirical research, Civil Rules Advisory Committee

15.

Class Actions and the Counterrevolution Against Federal Litigation

U of Penn Law School, Public Law Research Paper No. 15-12
Number of pages: 39 Posted: 24 Jun 2015
Stephen B. Burbank and Sean Farhang
University of Pennsylvania Law School and University of California, Berkeley
Downloads 130 (130,468)

Abstract:

Empirical legal studies, Federal Rules of Civil Procedure, rule 23, litigation, private enforcement of rights, legislation, rulemaking, politics and ideology of the judiciary, polarization, Supreme Court of the United States, conservative legal movement, class action certification, attorney fees

16.

Proportionality and the Social Benefits of Discovery: Out of Sight and Out of Mind?

Review of Litigation, Vol. 34, P. 647, 2015, U of Penn Law School, Public Law Research Paper No. 15-1
Number of pages: 8 Posted: 22 Jan 2015 Last Revised: 08 Sep 2016
Stephen B. Burbank
University of Pennsylvania Law School
Downloads 93 (174,903)

Abstract:

Jonah Gelbach, Bruce Kobayashi, The Law and Economics of Proportionality in Discovery, Sean Farhang, discovery retrenchment, regulatory policy, private enforcement, legibility, cost-benefit analysis

17.

Whose Regulatory Interests? Outsourcing the Treaty Function

New York University Journal of International Law and Politics (JILP), Vol. 45, P. 1037, 2013, U of Penn Law School, Public Law Research Paper No. 12-51
Number of pages: 26 Posted: 11 Dec 2012 Last Revised: 25 Sep 2014
Stephen B. Burbank
University of Pennsylvania Law School
Downloads 82 (228,961)

Abstract:

procedure, litigation, arbitration, private international law, The Hague Convention on Choice of Court Agreements, transnational contracts, forum selection, choice of court, recognition & enforcement of judgments, international cooperation, National Conference of Commissioners on Uniform State Laws

18.

The Subterranean Counterrevolution: The Supreme Court, the Media, and Litigation Retrenchment

DePaul Law Review, Vol. 65, P. 293, 2016, U of Penn Law School, Public Law Research Paper No. 15-7
Number of pages: 30 Posted: 26 Apr 2015 Last Revised: 16 Nov 2016
Stephen B. Burbank and Sean Farhang
University of Pennsylvania Law School and University of California, Berkeley
Downloads 65 (218,210)

Abstract:

Empirical legal studies, public opinion and awareness, news coverage, issue salience, litigation, private attorney general, Supreme Court of the United States, politics of the judiciary, democracy, Federal Rules of Civil Procedure, rulemaking, rights retrenchment, conservative legal movement

19.

Procedure and Pragmatism

U of Penn Law School, Public Law Research Paper No. 15-2
Number of pages: 22 Posted: 23 Jan 2015
Stephen B. Burbank
University of Pennsylvania Law School
Downloads 59 (249,364)

Abstract:

Comparative law and procedure, legal practice, legal sociology, litigation, courts, evidence, class actions, complex litigation, private enforcement, incentives and motivations for litigation, pro-plaintiff fee shifting

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