Rulemaking, Litigation Culture and Reform in Federal Courts

35 Am. Jour. Trial Adv. 49 (2011)

St. John's Legal Studies Research Paper No. 12-0016

40 Pages Posted: 22 Sep 2012

See all articles by Edward D. Cavanagh

Edward D. Cavanagh

St. John's University - School of Law

Date Written: 2011

Abstract

Culturally based litigation practices are central to the policies of federal courts. Unlike the Federal Rules of Civil Procedure, cultural based practices are neither uniform nor explicitly defined among the federal courts. These practices are specifically tailored to ensure judicial efficiency, and in turn, they heavily influence practice and procedure in federal courts. This Article examines the significance of cultural litigation practices and their influence on amending or establishing new Federal Rules of Civil Procedure. The author proposes that rulemaking must compliment cultural practices in order to be successful and concludes that when conflict exists between these practices and rulemaking, cultural practices will ultimately establish standards for the conduct of litigation in the federal courts.

Suggested Citation

Cavanagh, Edward D., Rulemaking, Litigation Culture and Reform in Federal Courts (2011). 35 Am. Jour. Trial Adv. 49 (2011); St. John's Legal Studies Research Paper No. 12-0016. Available at SSRN: https://ssrn.com/abstract=2150205

Edward D. Cavanagh (Contact Author)

St. John's University - School of Law ( email )

8000 Utopia Parkway
Jamaica, NY 11439
United States

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