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
transsubstantive procedure, Law
Subrin, Stephen, "The limitations of transsubstantive procedure: an essay on adjusting the "one size fits all" assumption" (2010). School of Law Faculty Publications. 103.