Judge Jack Weinstein and the Allure of Antiproceduralism

29 Pages Posted: 28 Aug 2015

Date Written: 2015

Abstract

In one sense of the word proceduralist — a person with expertise in procedure — Judge Jack Weinstein is among the leading proceduralists on the federal bench. But in another sense of the word proceduralist — an adherent of proceduralism, or faithfulness to established procedures — he falls at a different end of the spectrum. Looking at four examples of Judge Weinstein’s work in mass litigation, this Article considers what it means to be an antiproceduralist, someone unwilling to let procedural niceties stand in the way of substantive justice. The allure of antiproceduralism is that it eschews technicalities in favor of substantive justice, but technicalities are in the eye of the beholder, and this Article asks what is lost when a judge steers around procedural constraints.

Keywords: proceduralism, personal jurisdiction, DES, joinder, blasting caps, class action, tobacco, Simon II, Schwab, Erie

JEL Classification: K13, K41

Suggested Citation

Erichson, Howard M., Judge Jack Weinstein and the Allure of Antiproceduralism (2015). 64 DePaul Law Review 393 (2015); Fordham Law Legal Studies Research Paper No. 2651137. Available at SSRN: https://ssrn.com/abstract=2651137

Howard M. Erichson (Contact Author)

Fordham University School of Law ( email )

150 West 62nd Street
New York, NY 10023
United States
646-312-8233 (Phone)

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