Rulemaking, Litigation Culture and Reform in Federal Courts

Authors

Edward D. Cavanagh, St. John's University School of LawFollow

Document Type

Article

Publication Title

American Journal of Trial Advocacy

Publication Date

2011

Volume

35

First Page

49

Abstract

Culturally based litigation practices are central to the policies of federal courts. Unlike the Federal Rules of Civil Procedure, cultural based practices are neither uniform nor explicitly defined among the federal courts. These practices are specifically tailored to ensure judicial efficiency, and in turn, they heavily influence practice and procedure in federal courts. This Article examines the significance of cultural litigation practices and their influence on amending or establishing new Federal Rules of Civil Procedure. The author proposes that rulemaking must compliment cultural practices in order to be successful and concludes that when conflict exists between these practices and rulemaking, cultural practices will ultimately establish standards for the conduct of litigation in the federal courts.

Comments

Available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2150205