Multiple Sources of Procedural Change in America

Abstract

Two years ago, in this publication, I reported on modest reforms then pending. Two years before that, the focus was on the prospect that "polarization" characteristic of politics might also be evident in connection with rule changes for the American federal courts designed to contain and constrain excessive costs, particularly of discovery. The Supreme Court did adopt that amendment package, the Congress did not alter it, and the rule changes went into effect on 01.12.2015. The jury is still out on whether those rule changes actually made a major difference in US litigation.