Stephen B. Burbank

University of Pennsylvania Carey Law School

David Berger Professor for the Administration of Justice

3501 Sansom Street

Philadelphia, PA 19104

United States

  • University of Pennsylvania Carey Law School

SCHOLARLY PAPERS

26

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Scholarly Papers (26)

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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 Carey Law School
Downloads 750 (58,958)
Citation 5

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

2.

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 Carey Law School, United States Court of Appeals for the Federal Circuit and Stanford Law School
Downloads 545 (88,438)

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

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 Carey Law School
Downloads 439 (114,878)

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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.

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 Carey Law School
Downloads 429 (118,020)
Citation 1

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5.

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 Carey Law School and U.C. Berkeley Law School
Downloads 408 (125,106)

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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

6.

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 Carey Law School and Northeastern University - School of Law
Downloads 338 (154,059)

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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

7.

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 Carey Law School, U.C. Berkeley Law School and University of Minnesota Law School
Downloads 336 (155,076)
Citation 5

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

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 Carey Law School
Downloads 334 (156,058)

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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.

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 Carey Law School
Downloads 316 (165,567)
Citation 3

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

10.

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 Carey Law School, U.C. Berkeley Law School and University of Minnesota Law School
Downloads 297 (176,705)

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

11.

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 Carey Law School and U.C. Berkeley Law School
Downloads 293 (179,301)
Citation 1

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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

12.

Class Actions and the Counterrevolution Against Federal Litigation

University of Pennsylvania Law Review, Vol. 165, No. 1495, 2017, U of Penn Law School, Public Law Research Paper No. 15-12
Number of pages: 36 Posted: 24 Jun 2015 Last Revised: 17 Oct 2017
Stephen B. Burbank and Sean Farhang
University of Pennsylvania Carey Law School and U.C. Berkeley Law School
Downloads 273 (192,760)

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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

13.

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 Carey Law School and University of Pennsylvania Carey Law School
Downloads 272 (193,476)

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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

14.

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 Carey Law School
Downloads 240 (218,890)

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

15.

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 Carey Law School
Downloads 207 (251,707)

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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

16.

Politics, Identity, and Class Certification on the U.S. Courts of Appeals

Michigan Law Review, Vol. 119, p. 231, 2020, U of Penn Law School, Public Law Research Paper No. 19-32
Number of pages: 60 Posted: 17 Aug 2019 Last Revised: 14 Nov 2020
Stephen B. Burbank and Sean Farhang
University of Pennsylvania Carey Law School and U.C. Berkeley Law School
Downloads 186 (277,157)

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Federal judges, circuit courts, judicial diversity & behavior, panel effects, political affiliation, influence of ideology, gender & race, gender gap, substantive representation, class actions, complex litigation, civil rights, Federal Rules of Civil Procedure, empirical study of panel composition

17.

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 Carey Law School
Downloads 182 (282,523)

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

18.

Reconsidering Judicial Independence: Forty-Five Years in the Trenches and in the Tower

University of Pennsylvania Law Review Online, Vol. 168, 2019, U of Penn Law School, Public Law Research Paper No. 19-19
Number of pages: 18 Posted: 18 Apr 2019 Last Revised: 21 Jun 2019
Stephen B. Burbank
University of Pennsylvania Carey Law School
Downloads 170 (299,826)
Citation 1

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federal judiciary, courts, constitutional law, separation of powers, judges, judicial independence, judicial accountability, judicial review, rule of law, contemporary politics, interest groups, policy agents, presidential immunity, legitimacy, ideology, retrenchment of private enforcement

19.

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 Carey Law School and U.C. Berkeley Law School
Downloads 133 (366,189)

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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

20.

Class Actions, Statutes of Limitations and Repose, and Federal Common Law

Downloads 127 (379,181)

Class Actions, Statutes of Limitations and Repose, and Federal Common Law

University of Pennsylvania Law Review, Vol. 167, Forthcoming, U of Penn Law School, Public Law Research Paper No. 18-4
Number of pages: 70 Posted: 16 Feb 2018 Last Revised: 03 Jan 2019
Stephen B. Burbank and Tobias Barrington Wolff
University of Pennsylvania Carey Law School and University of Pennsylvania Carey Law School
Downloads 113 (415,471)

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Civil procedure, class actions, litigation, statutes of limitation, tolling, successive class actions, FRCP 23, American Pipe, federal common law, Erie doctrine, Securities Act of 1933, CalPERS, cross-jurisdictional tolling, statutes of repose

Class Actions, Statutes of Limitations and Repose, and Federal Common Law

University of Pennsylvania Law Review, Vol. 167, P. 1, 2018, U of Penn Law School, Public Law Research Paper No. 18-4
Number of pages: 70 Posted: 16 Feb 2018
Stephen B. Burbank and Tobias Barrington Wolff
University of Pennsylvania Carey Law School and University of Pennsylvania Carey Law School
Downloads 14 (973,755)

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Civil procedure, class actions, litigation, statutes of limitation, tolling, successive class actions, FRCP 23, American Pipe, federal common law, Erie doctrine, Securities Act of 1933, CalPERS, cross-jurisdictional tolling, statutes of repose

21.

Procedure and Pragmatism

In Debatiendo con Taruffo (J. Ferrer & C. Vasquez eds, Marcial Pons 2016), U of Penn Law School, Public Law Research Paper No. 15-2
Number of pages: 22 Posted: 23 Jan 2015 Last Revised: 15 Nov 2017
Stephen B. Burbank
University of Pennsylvania Carey Law School
Downloads 116 (405,485)

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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

22.

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 Carey Law School
Downloads 107 (430,016)

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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

23.

Class Certification in the U.S. Courts of Appeals: A Longitudinal Study

Law and Contemporary Problems, Vol. 84, p 73, 2021, U of Penn Law School, Public Law Research Paper No. 21-03
Number of pages: 34 Posted: 20 Jan 2021 Last Revised: 12 Jan 2022
Stephen B. Burbank and Sean Farhang
University of Pennsylvania Carey Law School and U.C. Berkeley Law School
Downloads 102 (444,891)

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complex litigation, class actions, certification, appellate courts, judges, Federal Rules of Civil Procedure, FRCP, Rule 23(f), empirical legal studies, political polarization, interlocutory & final-judgment appeals, Wal-Mart Stores v. Dukes, Comcast v. Behrend

24.

A New (Republican) Litigation State?

U.C. Irvine Law Review, vol. 11, p. 657, 2021, U of Penn Law School, Public Law Research Paper No. 20-13
Number of pages: 36 Posted: 06 Apr 2020 Last Revised: 05 Mar 2021
Stephen B. Burbank and Sean Farhang
University of Pennsylvania Carey Law School and U.C. Berkeley Law School
Downloads 95 (466,440)

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Political parties, civil litigation, statutory implementation, private enforcement, regulatory laws, attorney’s fees, fee shifting, enforcement powers, regulatory legislation, access to court, federal litigation

25.

Politics, Identity, and Pleading Decisions on the U.S. Courts of Appeals

University of Pennsylvania Law Review, Vol. 169, p. 2127, 2021, U of Penn Law School, Public Law Research Paper No. 22-06
Number of pages: 67 Posted: 12 Jan 2022 Last Revised: 02 Mar 2022
Stephen B. Burbank and Sean Farhang
University of Pennsylvania Carey Law School and U.C. Berkeley Law School
Downloads 88 (489,558)
Citation 1

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Federal judges, circuit courts, judicial diversity & behavior, panel effects, political affiliation, ideology, gender & race, complex litigation, civil rights, discrimination, Federal Rules of Civil Procedure, empirical studies, motions to dismiss, Rule 12(b)(6), Twombly, Iqbal

26.

Rights and Retrenchment in the Trump Era

Fordham Law Review, Vol. 87, Pg. 37, 2018, U of Penn Law School, Public Law Research Paper No. 18-12, UC Berkeley Public Law Research Paper
Number of pages: 29 Posted: 24 May 2018 Last Revised: 07 Nov 2018
Stephen B. Burbank and Sean Farhang
University of Pennsylvania Carey Law School and U.C. Berkeley Law School
Downloads 66 (577,038)

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Courts, private enforcement of rights, politics & ideology of judiciary, polarization, SCOTUS, Supreme Court, Congress, Rules Enabling Act, conservative legal movement, restrictions on private enforcement of legislation, amendments to Rule 23, class actions, litigation reform, empirical research