Podium: Should Congress Decide Civil Rules?; No, Not a Subject to Wheel 'N Deal

Vol. 16 Nat'l L.J. 12 (Nov. 22, 1993)

The University of Texas School of Law, Public Law and Legal Theory Research Paper Series Number 505

4 Pages Posted: 22 Jun 2013

Date Written: November 22, 1993

Abstract

Commentary and analysis of the federal rulemaking process, with discussion of the allocation of rulemaking authority shared by the federal judiciary and Congress. The article explores the question concerning which branch of government is better or more appropriately suited to develop and issue new rules or amendments to existing rules. This question is explored against the backdrop of pending proposed amendments to Federal Rule of Civil Procedure 11 – the federal court sanctioning provision – and a wholesale amendment of the federal rules relating to discovery during civil litigation. The article discusses pending proposals formulated by the judiciary, and counter-proposals in pending legislation. The article comments on fifty years of experience with federal rulemaking.

Keywords: Federal Rules of Civil Procedure, rulemaking, allocation of rulemaking, Federal Rule of Civil Procedure 11

Suggested Citation

Mullenix, Linda S., Podium: Should Congress Decide Civil Rules?; No, Not a Subject to Wheel 'N Deal (November 22, 1993). Vol. 16 Nat'l L.J. 12 (Nov. 22, 1993). Available at SSRN: https://ssrn.com/abstract=2282568

Linda S. Mullenix (Contact Author)

University of Texas School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States
512-232-1375 (Phone)

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