Authors

Stephen Subrin

Document Type

Article

Abstract

In this Essay, I explain both the nineteenth and twentieth century decisions to adopt transsubstantive procedure, borrowing from equity as the model. I then discuss the strengths and weaknesses of the transsubstantive/equity decision, and why, on balance, I think the combined decision needs readjustment. I end with suggestions for change, including a simpler procedural track for some cases and non-binding protocols for discovery and other procedural incidents for some of the more expansive and expensive case-types.

Date of Authorship for this Version

1-1-2010

Keywords

transsubstantive procedure, Law

Original Citation

Originally published in Denver University Law Review, Vol. 87, No. 2, pp. 377-406, 2010.

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