Politics and Civil Procedure Rulemaking: Reflections on Experience

Authors

Paul D. Carrington, Duke Law SchoolFollow

Document Type

Article

Publication Date

2010

Keywords

Supreme Court, rulemaking, federal law

Abstract

This Article is a reflection on personal experience as well as an account of what has happened to the Federal Rules of Civil Procedure in the most recent quarter century. It observes that the Supreme Court of the United States has assigned to itself a role in making procedural law inconsistent with the Rules Enabling Act of 1934 or any morerecent utterance of Congress. This procedural law made by the Court is responsive to the desire of business interests to weaken the ability of citizens to enforce laws enacted to protect them from business misconduct. The Article concludes with the suggestion that Congress should now act to constrain the role of the Court and restore the ability of citizens to enforce their rights in civil proceedings in federal courts.

Citation

Paul D. Carrington, Politics and Civil Procedure Rulemaking: Reflections on Experience, 60 Duke Law Journal 597-667 (2010)