Prof. Ides Posts Article on Shady Grove Debate between Stevens and Scalia
Prof. Allan Ides (Loyolla LA) has just posted a piece entitled The Standard for Measuring the Validity of a Federal Rule of Civil Procedure: The Shady Grove Debate between Justices Scalia and Stevens on SSRN. Here is the abstract:
In Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Company, Justices Scalia and Stevens offered alternative interpretations of §2072(b) of the Rules Enabling Act (“REA”). The focus of this essay is on that disagreement. The author argues that both the text of the REA and judicial precedent support the Stevens interpretation.
The article may be downloaded at http://ssrn.com/abstract=1667228.