McGeorge School of Law

Blocking the Courthouse Door: Federal Civil Procedure Obstacles to Entry

About the Symposium

The symposium will focus on scholarship that explores how recent transformations in civil procedure have eroded protections for vulnerable plaintiffs and created new obstacles for those seeking access to justice in federal courts. In recent decades, the confluence of heightened pleading, new discovery rules, burgeoning civil caseloads, and greater discretion in class certification has challenged the foundational idea that plaintiffs with potentially meritorious claims deserve their day in court. New Supreme Court jurisprudence narrowing both personal jurisdiction and subject matter jurisdiction in the federal courts has also contributed to the closing of the courthouse doors.

Date

Friday, Nov. 2, 2018

Video of the Symposium
Program

10:20 a.m. to 10:30 a.m. — Welcome, Introduction to the Symposium

  • Francis J. Mootz III, Professor, McGeorge School of Law

10:30 to 11:30 a.m. — Point, Counter-Point: Are interpretations of Federal Civil Procedure closing the door?

  • Michael Vitiello, McGeorge, Distinguished Professor of Law
  • Linda Mullenix, Professor, University of Texas

11:30 to 11:40 a.m. — Break

11:40 a.m. to 1:00 p.m. — Specific Ways the Door is Closing Because of Federal Civil Procedure Decisions and Mechanisms

Moderator: Mary-Beth Moylan, Associate Dean for Experiential Learning, McGeorge School of Law

  • Richard Freer, Professor, Emory University School of Law
  • Thomas Main, Professor, UNLV Boyd School of Law
  • Don Doernberg, Professor, Pace Law School

1 p.m. to 2 p.m. — Lunch and Acknowledgements

  • Michael Colatrella Jr., Associate Dean, McGeorge School of Law