In this article I comment on four themes in the work of Stephen Burbank and Edward Purcell, two of the leading scholars of American civil procedure and procedural reform: (1) the relationship of substantive and procedural law; (2) the place of politics in procedural reform; (3) the difficulty of reliably predicting consequences of procedural reform; and (4) challenges that the Class Action Fairness Act of 2005 (CAFA) and similar reforms present for law professors, both in their roles as researchers and writers, and as teachers of would-be lawyers.
University of Pennsylvania Law School
Copyright 2008 University of Pennsylvania Law Review
University of Pennsylvania Law Review
Stephen N. Subrin, Procedure, Politics, Prediction, and Professors: A Response to Professors Burbank and Purcell, 156 U. PA. L. REV. 2151 (2008).
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