Thursday, June 01, 2006

Federal Rules Decisions Publishes Article on Managerial Justice

Federal Rules Decisions has just published and article by Sandra F. Gavin entitled Managerial Justice in a Post-Daubert World, 234 F.R.D. 196 (2006). Here's the Abstract:

In the past two decades while debate for tort reform has escalated from a whimper to a mainstream battle cry loudly proclaiming that the entire system is out of control, docket pressures have been driving our Supreme Court to methodically expand procedural standards designed to control the spread of junk science and to put the brakes on perceived runaway litigation. This unprecedented grant of judicial power coincides with the expansion of what has been called managerial judging. [FN1] As a result of this shift to the right, the federal judiciary is now armed with procedural tools in the form of amendments to the Federal Rules of Civil Procedure and the Federal Rules of Evidence and is operating in a culture encouraging the use of these tools to curtail litigation well in advance of the jury trial. This shift poses a significant threat to our adversarial system of jurisprudence resulting in formidable obstacles to legal representation.


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