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Details
- This is the first book to comprehensively analyze, critique, and provide solutions for the new pleading regime in U.S. federal courts.
- The author includes two distinct policy arguments to remedy the adverse effects of the New Pleading rules: a return to the Old Pleading rules or the adoption of "New Discovery"
- Situates New Pleading and the solutions the author advocates in a wider international comparative context.
- The book provides a comprehensive, doctrinal, theoretical, and prospective look at what it means for U.S. federal civil procedure, both at home and in the larger global community as a result of New Pleading.
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 pleadings landscape 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 the United 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 Old Pleading or the adoption of "New Discovery." Finally, this volume situates New Pleading and the solutions the author advocates in a wider international comparative context.
Readership: Legal academics who study or teach civil procedure, comparative law or are otherwise interested in U.S. procedure, legal reformers and policy makers to consider as pleadings reform is contemplated at both the federal and state level, students for further reading on the now-complex law of pleading, and practicing lawyers.
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Preface
Acknowledgments
Introduction
Chapter 1: Old Pleading, Through 2007
Chapter 2: New Pleading, 2007-2009
Chapter 3: The Effects of New Pleading
Chapter 4: Curing New Pleading
Chapter 5: Living with New Pleading
Chapter 6: Comparing New Pleading (and New Discovery) Globally
Index
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Scott Dodson, Professor of Law, UC Hastings, College of the Law, USA
Scott Dodson is a Professor of Law at University of California Hastings College of the Law, where he teaches Civil Procedure and Federal Courts.
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"This is a remarkable and much-needed defense of one of this country's most important historic rights, a citizen's ability to have his grievance against anyone-another citizen, a corporation, or the government-resolved on its merits by a meaningful day in court. It is a well-researched, literate, and constructive look at the important question of the quality of justice one receives in our federal courts." -Arthur R. Miller, University Professor, New York University School of Law
"Going far beyond the typical doctrinal analysis of the Twombly and Iqbal pronouncements from the Supreme Court, Dodson contributes his own careful work that combines doctrinal analysis with quantitative empirical exposition. My intuition is that it will send empiricists and other scholars scrambling to rethink their concepts and reanalyze their data." -Tom Willging, Senior Researcher, Federal Judicial Center (1984-2010) (retired) & Adjunct Professor of Law, Hastings College of the Law
"Dodson skillfully places pleading rules in historic context, and accurately describes how recent U.S. Supreme Court decisions, and predecessor cases in lower federal courts, have tilted the scales of justice in a decidedly pro-defendant direction. His book should aid legal experts and others who study the impact of law to imagine and construct procedures that make it more likely that citizens actually receive the benefits intended by the applicable law." -Stephen N. Subrin, Professor of Law, Northeastern University School of Law
"Professor Dodson has written an important and engaging book about a critically important subject. He masterfully explores how the Supreme Court's bold revision of the traditional pleading rules has raised serious concerns that it has narrowed the passageway into court for many civil litigants." -Lonny Hoffman, George Butler Research Professor of Law, University of Houston Law Center
