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

• 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.