Make meaningful the provisions for summary judgment and motions to dismiss for failure to state a claim. The federal courts have moved in that direction with plausibility requirements for pleadings, and their reversion to...more
Now consider the fads, the procedural systems for presenting the case to the courts over the last 100 years.
A. Forms Of Action Or Code Pleading. Pleadings were detailed recitations of the facts the lawyer believed or...more
First, let me disavow any intention tell you about “the good old days.” I fully agree with the definition of nostalgia as, “the art of forgetting the parts that sucked.” But here is a scenario from the demurrer days before...more
There is a scholarly dispute about whether the courts should decide cases or dispose of them. Whether judges should see their roles as managers whose job it is to get the cases settled or disposed of, or whether they should...more
In the 1540s, Jesuit missionaries to the Wichita tribe found a ready audience, and the whole group adopted Christianity. But when the missionaries announced they were going on to the next tribe, they were killed. The...more