Sonia, What's a Nice Person like You Doing in Company like That

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Authors
Rowe, Thomas D. Jr.
Issue Date
2011
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Journal Article
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FIRST PARAGRAPH(S)|Justice Rowe, concurring in part and concurring in the judgment. No process for making federal procedural rules, however laudable, should be able to override substantive rights without positive involvement by politically accountable actors. That constraint is not only wise; it is also the mandate of the Rules Enabling Act ("Act" or "REA"), which specifies that Federal Rules promulgated pursuant to the Act-such as Federal Rule of Civil Procedure 23, at issue in this case-are not to "abridge, enlarge or modify any substantive right." That limit is also why the plurality is profoundly mistaken, or at best dangerously misleading, when it says that a Federal Rule validly adopted under the Act's authority "to prescribe general rules of practice and procedure" for the federal trial and appellate courts is "valid in all jurisdictions, with respect to all claims, regardless of its incidental effect upon state-created rights."...
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44 Creighton L. Rev. 107 (2010-2011)
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Creighton University School of Law
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