Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Sunday, August 14, 2011

New Type Of Civil Procedure Textbook

Prof Ben Madison's (Regent University School of Law) rearch assistant, Melissa Yatsko writes to inform us of a new type of Civil Procedure textbook. Civil Procedure For All States. The book has a Facebook page and a blog which I cannot access because you need an invitation. 

Professor Madison is interested in reaching out to all prof who teach Civil Procedure type classes and I applaud him for including adjuncts. If you would like to be involved you can send him an email at

This professor also runs a listserv designed for he book which is described as follows:

If you are a Pretrial Practice or State Civil Procedure professor and interested in becoming a member of the Pretrial Practice/State Civ Pro Listserv, where all can benefit from open discussions on teaching and share ideas, please email STATECIVPRO@LISTS.REGENT.EDU

I also applaud him for reaching out to others and forming a listserv. 

I have not seen the book so I cannot comment on it. Frankly, I am not sure if I support this type of text for civil procedure. One of my problems with legal education today (and of yesterday) is that the materials utilized in textbooks are often useless. What good is a casebook if it utilizes a case in Nebraska on one page and another from California on another-particularly in subjects such as employment law that vary widely from state to state?

Where the issue of law is largely a product of federal law, a text book on federal law is useful. Civil Procedure is one of those classes where an entire text can be devoted to FRCP. But to expand that concept to state law and to lump all the states together no less- is something that does not seem educationally sound. Now, I recognize that Civil Procedure is one of those classes where the law is similar in each of the states so if a textbook like this is to be written, then Civ Pro may be one of those classes where it can work. 

My idea of textbooks would be to make the practical to the practice of law. Students should be learning to practice law. So, a Civil Procedure textbook that concentrates on a particular state or FRCP seems more appropriate. Outside classes involving the FRCP, I recognize that most law schools do not follow this concept because they like to think of themselves as "national law schools" and because they do not really no where there students will practice. 

I do not buy this for a minute. I believe that most law school texts are written the way they are because the professors themselves are not competent to practice law. Many of them, perhaps almost all of the newer ones who just got that minted P.hd degree never practiced law or practiced only for a few years as an associate doing library research. I had occassion to review some CV's of professor candidates at a major law school. I was shocked to see they put their summer associate experience on their CV. To me that just demonstrates how thin their legal experience is. 

Prof. Madison's research assistant stated that he embrasses the  2007 Carnegie report and Best Practices for Educating Lawyers and therefore, he must be concerned with writing something useful and practical. He very well may be on to something and if you teach in this area his work is certainly worth a look. 

I do not teach Civ Pro and I do not claim to be an expert in this, but if others have any ideas feel free to comment. 

Mitchell H. Rubinstein

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