The Revolution of 1938 and Its Discontents

This paper explores the divergence between the purposes and goals of the 1938 Federal Rules of Civil Procedure and the purposes and goals of litigation today In doing so we chronicle some of the intrusions and erosions into federal procedure that have gradually but permanently altered the 1938 Rules Congressional tinkering including the enactment of federal statutes that modify the application of the Federal Rules such as by imposing higher pleading standards for certain claims litigant pressures including the increased use of alternative dispute resolution methods generally and arbitration and private judging in particular that result in end runs around the law and the courts themselves including local rules that modify broader interpretations of the Federal Rules With greater barriers to litigation on the merits and with the increasing privatization of law the 1938 Federal Rules risk becoming not only less central to litigation but actually becoming irrelevantbecoming truly mere federal procedural rules to be bent and adapted to the greater goals of managing and concluding litigation This Article is the result of a Call for Papers by the AALS Section on Civil Procedure and was one of three papers selected for presentation at the 2008 AALS Annual Meeting The other two selected papers authored by Professor Richard Marcus and Professor Robert Bone also appear in this issue of the Oklahoma Law Revie

Caperton\u27s Next Generation: Beyond the Bank

The article looks at a panel discussion on judicial responsibility and the U.S. Supreme Court\u27s decision in \u27Caperton v. A.T. Massey Coal Co.\u27 discussed by several law professionals including Jed Shugerman, Debra Lyn Bassett and Dmitry Bam at a 2014 symposium held in the New York University

Clark Kerr and Me: The Future of the Public Law School

Jerome Hall Lecture, delivered on March 21, 2012, Indiana University Maurer School of Law, Bloomington, Indian

Remarks: Caperton\u27s Next Generation -- Beyond the Bank

On November 14, 2014, a symposium entitled, Courts, Campaigns, and Corruption: Judicial Recusal Five Years After Caperton, was held at New York University. The symposium was sponsored by the Brennan Center for Justice, the American Bar Association\u27s Center for Professional Responsibility, and NYU\u27s Journal of Legislation and Public Policy. This document contains the transcript starting from Dmitry Bam\u27s remarks from one of the four panels, and is entitled Caperton\u27s Next Generation: Beyond the Bank. The panel members included Professors Jed Shugerman, Debra Lyn Bassett, Gregory S. Parks, Dmitry Bam, and Rex Perschbacher