The Limitations of Transsubstantive Procedure: An Essay on Adjusting the 'One Size Fits All' Assumption

16 Pages Posted: 31 May 2012 Last revised: 15 Jun 2012

See all articles by Stephen Subrin

Stephen Subrin

Northeastern University - School of Law

Date Written: 2010

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.

Suggested Citation

Subrin, Stephen, The Limitations of Transsubstantive Procedure: An Essay on Adjusting the 'One Size Fits All' Assumption (2010). Denver University Law Review, Vol. 87, No. 2, pp. 377-406, 2010, Northeastern University School of Law Research Paper , Available at SSRN: https://ssrn.com/abstract=2071327

Stephen Subrin (Contact Author)

Northeastern University - School of Law ( email )

416 Huntington Avenue
Boston, MA 02115
United States

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