Civil Procedure - Harvard Law Review

What Happened to Traceability?

Response to Proper Parties, Proper Relief

Vol. 137 No. 7 May 2024 In a Comment here last November, Professors William Baude and Samuel Bray reimagined a twenty-five-year-old trend of state-initiated public law litigation as the consequence...

Joshua Perry

Federal Courts Note

Equity and the Power of Procedural Supervision

Vol. 137 No. 5 March 2024 Disputes over procedure have long forced the federal courts to face the limits of their power. In 1825, Chief Justice Marshall wrote that federal...

Federal Courts Note

Calling Balls and Strikes in Prisoner Litigation

Vol. 137 No. 4 February 2024 “A loose vocabulary,” John Chipman Gray once wrote, “is a fruitful mother of evils.” One of the loosest words in legal vocabulary is also...

Brody v. Fox Broadcasting Co.

Southern District of New York Holds that Fair Use May Be Raised on a Rule 12(B)(6) Motion to Dismiss.

Vol. 137 No. 3 January 2024

Due Process Note

Dialectal Due Process

Vol. 136 No. 7 May 2023 The principle of the arbitrariness of the sign is not doubted by anyone, but it is often easier to discover a truth than to...

Civil Procedure Recent Case

Mayor of Baltimore v. BP P.L.C.

Fourth Circuit Declines to Apply Federal Common Law for Municipal Climate Change Lawsuit.

Vol. 136 No. 4 February 2023

Fourth Amendment Recent Case

United States v. Moore-Bush

First Circuit Divides on Constitutionality of Warrantless Pole-Camera Surveillance of Home's Curtilage.

Vol. 136 No. 4 February 2023

Standing Recent Case

Drazen v. Pinto

Eleventh Circuit Holds that Absent Class Members Must Satisfy Article III Standing at the Class Certification Phase for Settlement-Only Class Action.

Vol. 136 No. 3 January 2023

Civil Procedure Recent Case

Waters v. Day & Zimmermann NPS, Inc.

First Circuit Holds that Federal Rule of Civil Procedure 4(k)(1)(a)'s Territorial Constraints Apply to Only the Initial Service of Process.

Vol. 136 No. 3 January 2023

Civil Procedure Leading Case

Berger v. North Carolina State Conference of the NAACP

Vol. 136 No. 1 November 2022 The United States has an adversarial legal system, meaning the parties to a given lawsuit play a central role in shaping its outcome. It...