‘Mischief and Snap Removal’

Samuel L Bray, The Mischief Rule, Georgetown Law Journal (forthcoming 2021), available at SSRN. Civil Procedure may mark 1Ls’ first encounter with statutes and judicial interpretation and elaboration of statutory text. Some of the provisions in the canon are barebones to the point of meaningless without judicial elaboration – ‘short and plain statement of the claim’ or a corporation’s ‘principal place of business’ have no obvious meaning. Other statutes and rules are more substantial and allow for deeper textual parsing. Either way, statutory analysis remains an essential component of the study of courts law … (more)

[Howard M Wasserman, JOTWELL, 3 June]

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