New Pleading in the Twenty-First Century: Slamming the Federal Courthouse Doors?

Hardcover | May 9, 2013

byScott Dodson

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New Pleading in the Twenty-First Century: Slamming the Federal Courthouse Doors? is the first book to comprehensively analyze, critique, and provide solutions for the new pleading regime in U.S. federal courts. In two recent decisions, the U.S. Supreme Court dramatically altered the pleadingslandscape by imposing a version of fact pleading and merits screening - what the author calls "New Pleading" - that has not existed in the U.S. for 70 years.The result of this abrupt regime change is a broad, significant, and adverse effect on litigant access to civil justice. But because of its nascence, no scholar has provided a comprehensive, doctrinal, theoretical, and prospective look at what it means for U.S. federal civil procedure, both in theUnited States and in the larger global community. This book takes on that task. It synthesizes a theoretical account of New Pleading, argues that New Pleading is inconsistent with a system of procedural justice, and provides two distinct solutions for rectifying the inconsistency: return to OldPleading or the adoption of "New Discovery." Finally, this volume situates New Pleading and the solutions the author advocates in a wider international comparative context.

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New Pleading in the Twenty-First Century: Slamming the Federal Courthouse Doors? is the first book to comprehensively analyze, critique, and provide solutions for the new pleading regime in U.S. federal courts. In two recent decisions, the U.S. Supreme Court dramatically altered the pleadingslandscape by imposing a version of fact plea...

Scott Dodson is a Professor of Law at University of California Hastings College of the Law, where he teaches Civil Procedure and Federal Courts. He has authored more than twenty-five articles appearing in Stanford Law Review, Michigan Law Review, California Law Review, University of Pennsylvania Law Review, Virginia Law Review, Northwe...

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Format:HardcoverDimensions:272 pages, 9.25 × 6.12 × 0.98 inPublished:May 9, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199832501

ISBN - 13:9780199832507

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Table of Contents

PrefaceAcknowledgmentsIntroduction1. Old Pleading, Through 20072. New Pleading, 2007-20093. The Effects of New Pleading4. Curing New Pleading5. Living with New Pleading6. Comparing New Pleading (and New Discovery) GloballyIndex