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Civil Procedure: Theory and Practice, Sixth Edition

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Authors
  • Linda J. Silberman
  • Allan R. Stein
  • Tobias Barrington Wolff
  • Aaron D. Simowitz
Series / Aspen Casebook Series
BOOKMARK
Book length
1248 pages
Publication Date
2022-01-31
Edition
Sixth Edition
Teaching Materials
NO
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

Using the Socratic method, Civil Procedure: Theory and Practice helps students develop strategic, critical thinking, with introductory text, examples, and hypotheticals that equip them for the challenges of practice. Sophisticated yet straightforward, the text strikes an important balance, providing clear exposition while requiring work to achieve deeper insights. An opening chapter gives an overview of the entire process, using real pleadings and discovery materials in the landmark N.Y. Times v. Sullivan case. The innovative “Anatomy of a Litigation” case study chapter systematically leads students from pleadings to verdict, using leading cases to deepen the connection between the classroom and the courtroom. Civil Procedure: Theory and Practice covers the full range of topics, including in-depth treatment of personal and subject-matter jurisdiction, joinder, preclusion, and alternative dispute resolution. Accessible background material for each major case facilitates analysis, and extensive notes and questions frame deep, conceptual issues.

New to the Sixth Edition:

With the Sixth Edition, we welcome Professor Aaron D. Simowitz of Willamette University College of Law as a co-author and full partner on the casebook. Professor Simowitz is a procedure scholar with particular expertise in personal jurisdiction and the enforcement of judgments in both domestic and transnational settings.

  • Treatment of personal jurisdiction in Chapter 2 has been updated to reflect the Court’s decisions in Ford Motor Company v. Montana Eighth Judicial District Court and Bristol Myers Squibb v. Superior Court of California.
  • Chapter 5 has been refined in modest ways to make it easier for teachers either to use or not use the case study materials contained therein.
  • Chapters 7 offers a new section on defense preclusion shaped around the Supreme Court’s recent decision in Lucky Brand Dungarees v. Marcel Fashions.
  • Chapter 8 expands its discussion of class action doctrine to include recent developments in the implied requirement of ascertainability under Federal Rule 23 and the statute of limitations tolling doctrine of American Pipe & Construction Co. v. Utah.
  • Chapter 10 offers a revised and expanded treatment of the Court’s jurisprudence under the Federal Arbitration Act.

Professors and students will benefit from:

  • Socratic method encourages thought, with introductory text, examples, and hypotheticals; and provides students with a starting point to develop strategic and critical thinking skills
  • Sophisticated yet straightforward, clear exposition—requiring work to achieve deeper insights
  • Comprehensive coverage includes full range of Civil Procedure topics
  • Opening overview of entire civil litigation process
  • Traditional, comprehensive doctrinal coverage integrated with contextual, strategic lawyering perspectives
  • Flexible organization—supports a 3-unit 1-semester class to a 5- or 6-unit class; can be taught over a semester or a year
  • Clear overview of civil litigation process—illuminates connection between classroom and courtroom and helps frame deep, conceptual issues
  • Straightforward overview of the litigation process
  • Excellent case selection, including both bedrock and high-interest cases; carefully edited to provide students a range of analytical experiences and to serve as teaching tools
  • Real pleadings and discovery materials introduce basic elements of civil litigation
  • Innovative and fact-intensive “Anatomy of a Litigation” case study allows students to apply lessons learned 
  • Students systematically move through the process from pleadings to verdict
  • Extensive notes and questions help facilitate analysis
  • In-depth treatment of personal and subject-matter jurisdiction, joinder, preclusion, and alternative dispute resolution

 

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Table of Contents
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Preface
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About the authors
Linda J. Silberman
Martin Lipton Professor of Law
New York University School of Law

Linda J. Silberman is the Martin Lipton Professor of Law at New York University School of Law, where she teaches Civil Procedure, Comparative Procedure, Conflict of Laws, International Litigation, and International Arbitration. Prior to coming to NYU in 1971, she spent several years in private practice in Chicago. She has also been Professor in Residence at the U.S. Justice Department, Civil Division, Appellate Staff.

Professor Silberman is co-author of a Civil Procedure casebook and Civil Litigation in Comparative Context (2007). She was Co-Reporter for the ALI Project on Recognition and Enforcement of Foreign Judgments. Her recent scholarship includes her Hague Lectures covering the various Hague Children's Conventions and articles on the role of choice of law in class actions.

Allan R. Stein
Rutgers University—Camden

Allan R. Stein is Professor of Law at Rutgers University–Camden. He earned his B.A. with honors at Haverford College in 1975 and his J.D. in 1978 at the New York University School of Law, where he was articles editor of the Annual Survey of American Law and a member of the Order of the Coif. He is admitted to the Bar in Pennsylvania. Professor Stein was an associate in the litigation department of the Philadelphia law firm of Pepper, Hamilton. He was Reporter to the American College of Trial Lawyers Project on Mass Torts. Professor Stein teaches Civil Procedure, Federal Courts, and Professional Responsibility. His publications include "Erie and Court Access" (Yale Law Journal), "Styles of Argument and Interstate Federalism in the Law of Personal Jurisdiction" (Texas Law Review), "Forum Non Conveniens and the Redundancy of Court Access Doctrine" (University of Pennsylvania Law Review), and "Personal Jurisdiction and the Internet," "Seeing Due Process through the Lens of Regulatory Precision" (Northwestern University Law Review). He also is co-author of a civil procedure casebook for Aspen Publishing Company (with Linda Silberman and Tobias Wolff).

Tobias Barrington Wolff
University of Pennsylvania

Tobias Barrington Wolff is Professor of Law at the University of Pennsylvania Law School. He writes and teaches in civil procedure and constitutional law. In the field of procedure, Wolff has specialized in complex litigation and the conflict of laws, where he has articles in venues including the Columbia Law Review and the University of Pennsylvania Law Review, along with a casebook—Civil Procedure: Theory and Practice, co-authored with Professors Linda Silberman and Allan Stein—that is now in its third edition. He has consulted in a number of major class action proceedings and currently sits on the Executive Committee of the AALS section on Conflict of Laws.

In the field of constitutional law, Wolff has published articles and essays in venues including the Columbia Law Review, the Iowa Law Review, and the Yale Law Journal, on topics including slavery and the Thirteenth Amendment, free speech and the First Amendment, and the rights of gay men and lesbians. He currently serves as a member of the Executive Board for the Equal Justice Society, an organization that seeks to translate the insights of the academy into progressive reforms in law and policy.

Wolff began his teaching career in 2000 at the University of California, Davis Law School, where he was awarded tenure and the title of full professor in the 2004-05 academic year. He was a visiting professor at Stanford Law School in 2003-04 and at Northwestern Law School in fall 2005. Before entering academia, Wolff clerked for Judges Betty Binns Fletcher and William A. Norris, both of the Ninth Circuit Court of Appeals, and practiced for two years as a litigator at Paul, Weiss, Rifkind, Wharton & Garrison in New York.

Aaron D. Simowitz

Professor Simowitz is an associate professor at Willamette University College of Law (WUCL), where he teaches civil procedure, bankruptcy, negotiation, and a seminar on negotiating and drafting a complex transaction. His research focuses on cross-border business transactions, litigation, and arbitration. He is a chair emeritus of the AALS Section on Conflict of Laws, the director of the Business Lawyering Institute (BLI) at Willamette University, and an Affiliated Scholar with the Classical Liberal Institute at New York University (NYU). He is a co-author of a leading civil procedure casebook (Civil Procedure: Theory and Practice, 2022) and a co-author of the Annual Survey of Choice of Law in the American Courts.

Before joining WUCL, Aaron was a research fellow at NYU’s Center for Transnational Litigation, Arbitration, and Commercial Law and a fellow at the Classical Liberal Institute (CLI) at NYU. At NYU, he taught International Litigation & Arbitration with Professor Linda Silberman, a seminar on international commercial law with Professor Franco Ferrari, and the first-year Lawyering course. He has also taught the International Business Transactions and Transnational Litigation & Arbitration courses at Columbia Law School.

Aaron co-convened the inaugural BLI Symposium on “Teaching Better Business Lawyering” and the WUCL-CLI symposium on “The Extraterritorial State.” He received the Young Scholar’s Award from the American Society of International Law’s Private International Law Interest Group for his work on judgment and award enforcement against intangible assets. He practiced at the New York office of Gibson, Dunn & Crutcher, and clerked for Judge D. Brooks Smith of the U.S. Court of Appeals for the Third Circuit.

Product Information
Edition
Sixth Edition
Publication date
2022-01-31
Copyright Year
2022
Pages
1248
Connected eBook with Study Center + Hardcover
9781543838824
Connected eBook with Study Center (Digital Only)
9781543857146
Subject
Civil Procedure
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