The Federal Courts' Rulemaking Buffer
William & Mary Law Review, Vol. 60, 2018 (Forthcoming)
51 Pages Posted: 8 May 2018
Date Written: May 7, 2018
Procedural rulemaking is often thought of as a second-order task for the federal court system, relevant to the courts’ work but not essential to their function. In reality, rulemaking plays an integral role in the court system’s operation, by actively insulating the courts from environmental pressure. This Article explains how power over procedural rulemaking protects the federal courts from environmental uncertainty, and describes the court system’s efforts to maintain the effectiveness of the rulemaking buffer in response to historical and contemporary challenges.
Keywords: Rulemaking, Federal Courts, Federal Rules of Civil Procedure, Judicial Conference of the United States, Organizational Studies, Buffering, Resource Dependence, Advisory Committee on Civil Rules, Legitimacy
JEL Classification: K40, K41, L20, L29, L32, L84
Suggested Citation: Suggested Citation