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Civil Procedure: Cases and Problems, Eighth Edition

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Authors
  • Barbara Allen Babcock
  • Toni M. Massaro
  • Norman W. Spaulding
  • Myriam Gilles
Series / Aspen Casebook Series
BOOKMARK
Book length
1232 pages
Publication Date
2025-02-01
Edition
Eighth Edition
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 academic 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.



Civil Procedure: Cases and Problems, Eighth Edition by Barbara Allen Babcock, Toni M. Massaro, Norman W. Spaulding, and Myriam Gilles (the #5 most cited civil procedure scholar in the country) is now available. With both canonical and contemporary cases and engaging hypothetical problems, the eighth edition of Civil Procedure: Cases and Problems promotes student understanding of modern procedure, the adversary system and alternatives, the relationship between substance and procedure, and systemic problems in access to justice. This casebook pioneered the “due process approach” to the study of procedure and is designed to create an inclusive learning environment, emphasizing the formative role of public interest litigation in modern procedural law and the voices of women and people of color in shaping the field in both practice and scholarship.

New to the Eighth Edition:
  • Continued focus on public law cases to help students grasp the stakes of the interaction between substantive and procedural law to support inclusive pedagogy
  • Updated, streamlined cases and materials on personal jurisdiction, the proportionality requirement in discovery, and more
  • Revised and expanded treatment of arbitration and ADR
  • Updated discussion of multidistrict litigation (MDL), including recent MDL proceedings and rules
  • Revised and streamlined treatment of class action doctrine
  • Updated and streamlined treatment of preclusion
  • Expanded discussion of partiality among judges and implicit bias among juries based on recent news
  • Expanded discussion of Rule 11 in the wake of the Trump presidency
  • Emphasis on the changing technological practicalities of justice post-pandemic, including the shift to online court appearances, the expansion of generative AI, and technology assisted review
  • Inclusion of recent cases such as Ford Motor Co. v. Montana

Professors and students will benefit from:
  • Lightly edited cases paired with thoughtful notes and questions
  • Concise examination of scholarship and empirical data bearing on various procedural rules
  • Close attention to the underlying social and economic contexts in which the rules function with emphasis on the consequences for vulnerable populations
  • Meaningful discussion of oft-marginalized topics, including Alternative Dispute Resolution, Discovery (including e-discovery), Aggregate Litigation, Remedies, Adversary Ethics, and Trial Practice
  • Hypothetical problems presented in each chapter and revisited in later chapters to support in-class exercises and awareness of how phases of litigation influence each other

Teaching materials include:
  • Expanded industry-leading Teacher’s Manual with comprehensive, teachable notes
  • Charts in PowerPoint  
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Table of Contents
Summary of Contents

Contents
Preface 
Acknowledgments 
Special Notice on Citations 

Chapter 1. Due Process of Law 
Chapter 2. Constructing a Civil Lawsuit
Chapter 3. Discovery of the Adversary’s Case
Chapter 4. Dispositions and Adjudications 
Chapter 5. Decision Makers and Decision Models 
Chapter 6. More Complex Litigation 
Chapter 7. Repose: Ending Disputes

Table of Cases 
Table of Federal Rules of Civil Procedure 
Table of Judicial Code Citations — U.S.C.
Index
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Preface
Professor Materials
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About the authors
Barbara Allen Babcock
Professor
Stanford University

Barbara Allen Babcock held a B.A. from the University of Pennsylvania and an L.L.B. from Yale Law School. The first woman appointed to the regular faculty, as well as the first woman to hold an endowed chair and the first emerita, at Stanford Law School, Professor Babcock was an expert in criminal and civil procedure. She was also known nationwide for her research into the history of women in the legal profession and, in particular, for her research into the life of California’s pioneering female lawyer and inventor of the public defender, Clara Foltz, whose biography she was writing.

A former assistant attorney general for the Civil Division in the United States Department of Justice, Professor Babcock was a distinguished teacher, being the only four-time winner of the Hurlbut Award for Excellence in Teaching at Stanford Law School. Before joining the Stanford faculty in 1972, she served as a staff attorney and then as the first director of the Public Defender Service of the District of Columbia. Upon her graduation from law school, she clerked for Judge Henry Edgerton of the U.S. Court of Appeals for the District of Columbia Circuit, and worked for the noted criminal defense attorney, Edward Bennett Williams. She passed away in 2020.

Toni M. Massaro
Professor
University of Arizona

Toni M. Massaro is Regents Professor, Milton O. Riepe Chair in Constitutional Law, and Dean Emerita of the James E. Rogers College of Law at the University of Arizona. Professor Massaro holds a B.S. from Northwestern University and a J.D. from the College of William and Mary. She also is the Director of the Agnese Nelms Haury Program in Environment and Social Justice.

Norman W. Spaulding
Professor
Stanford University

A nationally recognized scholar in the areas of professional responsibility, civil procedure, and federal courts, Norman W. Spaulding’s research concentrates on the history of the American legal profession and theories of adjudication. In 2014, he received the John Bingham Hurlbut Award for Excellence in Teaching. In 2010 he served as the Covington & Burling Distinguished Visiting Professor of Law at Harvard Law School. And in 2004 the Association of American Law Schools presented him with its Outstanding Scholarly Paper Prize for 'Constitution as Counter-Monument: Federalism, Reconstruction and the Problem of Collective Memory,' published in the Columbia Law Review. He is a member of the American Law Institute and the American Bar Association Standing Committee on Ethics and Professional Responsibility. Before joining the Stanford Law School faculty in 2005, he was a professor of law at the UC Berkeley School of Law and an associate at Skadden, Arps, Slate, Meagher & Flom LLP, where he did environmental litigation. Professor Spaulding, JD ’97, served as a law clerk to Judge Betty B. Fletcher (BA ’43) of the U.S. Court of Appeals for the Ninth Circuit and Judge Thelton Henderson of the U.S. District Court for the Northern District of California.

Myriam Gilles

Myriam Gilles is a graduate of Harvard-Radcliffe College and Yale Law School. She was a litigation associate at Kirkland & Ellis before joining the faculty at the Benjamin N. Cardozo School of Law, where she holds the Paul R. Verkuil Research Chair. Professor Gilles specializes in class actions and aggregate litigation and has written extensively on forced arbitration clauses. She has testified before Congress on the impact of forced arbitration and class action bans, and before state legislatures on state law efforts to blunt the effect of these provisions. Professor Gilles currently serves on the boards of the Justice Resource Center and Public Justice and on the board of advisors of the People’s Parity Project. She is an Academic Fellow of the Pound Civil Justice Institute and was elected to the American Law Institute in 2022.
Product Information
Edition
Eighth Edition
Publication date
2025-02-01
Copyright Year
2025
Pages
1232
Print + eBook
9798892074063
eBook
9798892074070
LLPOD
9798892074094
Audiobook
9798899631030
eBook + Audiobook
9798899634123
Subject
Civil Procedure
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