The Courts and the People in a Democratic System: Against Federal Courts’ Exceptionalism

6 Pages Posted: 28 Sep 2016 Last revised: 19 Oct 2016

See all articles by Simona Grossi

Simona Grossi

Loyola Law School Los Angeles; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: September 27, 2016

Abstract

The law of federal procedure is on the Supreme Court’s docket for the October 2016 Term, with granted petitions addressing pleading sufficiency, standing, and jurisdiction. And, of course, the Advisory Committee on Rules of Civil Procedure continues its annual tinkering with the rules in an elusive effort to micromanage federal practice. That reality, coupled with recent exchanges with colleagues on procedural interpretation and reform, has prompted these reflections on the role of procedure in our democratic system. This short essay is intended to summarize those reflections, which are more extensively elaborated in my other works.

Suggested Citation

Grossi, Simona, The Courts and the People in a Democratic System: Against Federal Courts’ Exceptionalism (September 27, 2016). 92 Notre Dame L. Rev. Online ___ (2016), Loyola Law School, Los Angeles Legal Studies Research Paper No. 2016-25, Available at SSRN: https://ssrn.com/abstract=2844320 or http://dx.doi.org/10.2139/ssrn.2844320

Simona Grossi (Contact Author)

Loyola Law School Los Angeles ( email )

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University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

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Berkeley, CA 94720-7200
United States

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