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Civil Procedure: Cases and Problems, Eighth Edition by Barbara Allen Babcock, Toni M. Massaro, Norman W. Spaulding, and Myriam Gilles (the #5 most cited civil procedure scholar in the country) is now available. With both canonical and contemporary cases and engaging hypothetical problems, the eighth edition of Civil Procedure: Cases and Problems promotes student understanding of modern procedure, the adversary system and alternatives, the relationship between substance and procedure, and systemic problems in access to justice. This casebook pioneered the “due process approach” to the study of procedure and is designed to create an inclusive learning environment, emphasizing the formative role of public interest litigation in modern procedural law and the voices of women and people of color in shaping the field in both practice and scholarship.
New to the Eighth Edition:
- Continued focus on public law cases to help students grasp the stakes of the interaction between substantive and procedural law to support inclusive pedagogy
- Updated, streamlined cases and materials on personal jurisdiction, the proportionality requirement in discovery, and more
- Revised and expanded treatment of arbitration and ADR
- Updated discussion of multidistrict litigation (MDL), including recent MDL proceedings and rules
- Revised and streamlined treatment of class action doctrine
- Updated and streamlined treatment of preclusion
- Expanded discussion of partiality among judges and implicit bias among juries based on recent news
- Expanded discussion of Rule 11 in the wake of the Trump presidency
- Emphasis on the changing technological practicalities of justice post-pandemic, including the shift to online court appearances, the expansion of generative AI, and technology assisted review
- Inclusion of recent cases such as Ford Motor Co. v. Montana
Professors and students will benefit from:
- Lightly edited cases paired with thoughtful notes and questions
- Concise examination of scholarship and empirical data bearing on various procedural rules
- Close attention to the underlying social and economic contexts in which the rules function with emphasis on the consequences for vulnerable populations
- Meaningful discussion of oft-marginalized topics, including Alternative Dispute Resolution, Discovery (including e-discovery), Aggregate Litigation, Remedies, Adversary Ethics, and Trial Practice
- Hypothetical problems presented in each chapter and revisited in later chapters to support in-class exercises and awareness of how phases of litigation influence each other
Teaching materials include:
- Expanded industry-leading Teacher’s Manual with comprehensive, teachable notes
- Charts in PowerPoint
