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Civil Procedure: Theory and Practice, Sixth Edition

  • Linda J. Silberman
  • Allan R. Stein
  • Tobias Barrington Wolff
  • Aaron D. Simowitz
Series / Aspen Casebook Series
Teaching Materials
Table of contents

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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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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 emCivil Litigation in Comparative Contextem (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 Childrenrsquo;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 Universitymdash;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 emAnnual Survey of American Lawem 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 emErie and Court Accessem (Yale Law Journal), emStyles of Argument and Interstate Federalism in the Law of Personal Jurisdictionem (Texas Law Review), emForum Non Conveniens and the Redundancy of Court Access Doctrineem (University of Pennsylvania Law Review), and emPersonal Jurisdiction and the Internetem, emSeeing Due Process through the Lens of Regulatory Precisionem (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 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 casebookmdash;​emCivil Procedure: Theory and Practiceem, co-authored with Professors Linda Silberman and Allan Steinmdash;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 emColumbia Law Reviewem, the emIowa Law Reviewem, and the emYale Law Journalem, 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.

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Sixth Edition
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Civil Procedure
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