The past and future of procedure scholarship

Written for a symposium honoring Steve Burbank's contributions to procedure scholarship, this Essay takes Geoff Hazard's monograph, Research in Civil Procedure, as its point of departure. Hazard was remarkably prescient in forecasting our modern predicament, posing timeless questions about...

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Bibliographic Details
Published inUniversity of Pennsylvania law review Vol. 169; no. 8; pp. 2551 - 2581
Main Author Pfander, James E
Format Journal Article
LanguageEnglish
Published University of Pennsylvania, Law School 01.08.2021
Subjects
Civil procedure
Law and economics
Law reform
Law teachers
Study and teaching
UNITED STATES
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Summary:Written for a symposium honoring Steve Burbank's contributions to procedure scholarship, this Essay takes Geoff Hazard's monograph, Research in Civil Procedure, as its point of departure. Hazard was remarkably prescient in forecasting our modern predicament, posing timeless questions about the role of history and doctrine, the emphasis on normative claims and law reform, the centrality of legal theory, and the rise of empirical and other discipline-based scholarship. After surveying the challenges facing legal scholars, procedural and otherwise, the Essay concludes with a note of appreciation for Burbank's ability to couple a command of doctrinal nuance with sophisticated empirics in crafting a powerful account of the variegated institutions of procedural law reform.
Bibliography:Informit, Melbourne (Vic)
UNIVERSITY OF PENNSYLVANIA LAW REVIEW, Vol. 169, No. 8, Aug 2021, 2551-2581
ISSN:0041-9907
1942-8537