Tuesday, January 24, 2017

Mullenix on Stancil on Economic Theory, Equality & Procedural Justice

Now on the Courts Law section of JOTWELL is Linda Mullenix’s essay, Infusing Civil Rulemaking with Economic Theory. Linda reviews Paul Stancil’s recent article, Substantive Equality and Procedural Justice, which is forthcoming in the Iowa Law Review.






Federal Rules of Civil Procedure, Recent Scholarship | Permalink


Professor Stancil writes, “Transsubstantive procedure, however, often produces outcomes that cannot be regarded as “just” under any serious theory of procedural justice.” Yes, American civil justice fails. Professor Stancil also writes, “Evidence of the civil procedure equality problem is everywhere.” But solutions are also, if not everywhere, in many places.

What will it take to get America’s proceduralists to look beyond our borders? Other civil justice systems deal with the problems Professor Stancil writes of a whole lost better. The German system is the one I know. See my book, “Failures of American Civil Justice in International Perspective” (Cambridge University Press) available at http://amzn.com/B005IVX1I4

And who should write the new rules? Not a gaggle of litigators but a real Ministry of Justice, something OIRA, perhaps. Watch for my next book, "Failures of American Lawmaking in Historical and Comparative Perspectives" forthcoming in 2017 (Cambridge University Press).

Posted by: James Maxeiner | Jan 25, 2017 10:55:00 AM

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