Perspective
Jul. 26, 2011
Pro-institution movement: America's dwindling access to the federal courts
The current U.S. Supreme Court takes on a skeptical view that individual rights should be vindicated in federal courts. By Daniel Purcell of Keker & Van Nest LLP
Every litigator knows cases are won just as often on procedural issues as on the merits. Because procedural rules and standards govern who has a right to sue and what courts have the power to hear claims, plaintiffs and defendants have always used procedure to their advantage whenever possible. Likewise, American legal history is full of overt and covert efforts by lawmakers - both legislative and judicial - to alter procedural standards to rest...
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