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Civil Procedure, 45 Brooklyn L. Rev. 847 (1979)


The Second Circuit during the 1977-78 term decided a number of significant cases comfortably contained within the conventional rubric of "civil procedure." I had intended to comment on one or more in depth in this commentary, but found myself preempted by the student comments that follow. Moreover, in reading over the court's work for a term in search of an overlooked judicial gem upon which I might hope to add a little polish, and dipping lightly into the court's statistics in search of inspiration, I became a born-again convert to the relatively new discipline unhappily labelled "judicial administration."1 Since all civil cases involve "civil procedure," and criminal cases have a strong impact upon the process of deciding civil cases, I doubt that I have gone too far astray from the assigned topic in making a few comments on that subject.

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