The normative goals of the 1938 Federal Rules facilitated a reconceptualization of federal adjudication by welcoming into court a diverse array of persons who, as the century unfolded and equality mandates expanded, became rights-holders. As a consequence, courts came to serve as venues for democratic debates about rights and remedies. Seventy-five years later, that egalitarian project has contracted, and the Federal Rules have been refocused on management and judge-based settlement efforts.
Date of Authorship for this Version
Resnik, Judith, "THE PRIVATIZATION OF PROCESS: REQUIEM FOR AND CELEBRATION OF THE FEDERAL RULES OF CIVIL PROCEDURE AT 75" (2014). Faculty Scholarship Series. Paper 4938.