Volume 88, Number 1

Simplified Pleading, Meaningful Days in Court, and Trials on the Merits: Reflections on the Deformation of Federal Procedure

Arthur R. Miller

When the Federal Rules of Civil Procedure were promulgated in 1938, they reflected a policy of citizen access for civil disputes and sought to promote their resolution on the merits rather than on the basis of the technicalities that characterized earlier procedural systems.The fed

Symposium Articles

Contract and Innovation: The Limited Role of Generalist Courts in the Evolution of Novel Contractual Forms

Ronald J. Gilson, Charles F. Sabel & Robert E. Scott

In developing a contractual response to changes in the economic environment, parties choose the method by which their innovation will be adapted to the particulars of their context.