Aspen Publishing

Civil Procedure: Theory and Practice, Fifth Edition

Linda J. Silberman, Allan R. Stein, Tobias Barrington Wolff


  • ISBN: 9781454889922

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  • Description

    Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks.

    Using the Socratic method, Civil Procedure: Theory and Practice, Fifth Edition helps students develop strategic, critical thinking with introductory text, examples, and hypotheticals that equip them for the challenges of practice. Sophisticated, yet straightforward, the text strikes an important balance by providing clear exposition while requiring work to achieve deeper insights. An opening chapter gives an overview of the entire process, using real pleadings and discovery materials in the landmark N.Y. Times v. Sullivan case. The innovative “Anatomy of a Litigation” case study chapter systematically leads students from pleadings to verdict, using leading cases to deepen the connection between the classroom and the courtroom. Civil Procedure: Theory and Practice covers the full range of topics, including in-depth treatment of personal and subject-matter jurisdiction, joinder, preclusion, and alternative dispute resolution. Accessible background material for each major case facilitates analysis, and extensive notes and questions frame deep, conceptual issues. The text keys in on leading and high-interest cases, edited for best effect. Its flexible organization supports myriad approaches to the 1L Procedure class, from a three-unit one-semester class to a five- or six-unit class taught over either a semester or a year.

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  • Additional Product Details

    Publication Date: 5/1/2017
    Copyright: 2017
    Pages: 1272
    Connected eBook with Study Center + Print Book: 9781454875734
    Connected eBook with Study Center: 9781454889922

    Detailed Table of Contents (PDF Download)
    Preface to the Fifth Edition

    Summary of Contents

    Preface to the Fifth Edition

    Chapter 1: Introduction
    Chapter 2: Personal Jurisdiction and Other Court-Access Rules
    Chapter 3: Subject Matter Jurisdiction
    Chapter 4: The Law Applied in Federal Court
    Chapter 5: Anatomy of a Litigation: Pleading, Discovery, and Adjudication
    Chapter 6: Remedies and Forms of Relief
    Chapter 7: Prior Adjudication
    Chapter 8: The Boundaries of the Lawsuit: Joinder of Claims and Parties
    Chapter 9: Appeals
    Chapter 10: Alternative Dispute Resolution

    Table of Cases

  • Author Information

    Tobias Barrington Wolff

    Tobias Barrington Wolff is Professor of Law at University of Pennsylvania Law School. He writes and teaches in civil procedure and constitutional law. In the field of procedure, Wolff has specialized in complex litigation and the conflict of laws, where he has articles in venues including the Columbia Law Review and the University of Pennsylvania Law Review, along with a casebook—​Civil Procedure: Theory and Practice, co-authored with Professors Linda Silberman and Allan Stein—that is now in its third edition. He has consulted in a number of major class action proceedings and currently sits on the Executive Committee of the AALS section on Conflict of Laws. In the field of constitutional law, Wolff has published articles and essays in venues including the Columbia Law Review, the Iowa Law Review, and the Yale Law Journal, on topics including slavery and the Thirteenth Amendment, free speech and the First Amendment, and the rights of gay men and lesbians. He currently serves as a member of the Executive Board for the Equal Justice Society, an organization that seeks to translate the insights of the academy into progressive reforms in law and policy.
    Wolff began his teaching career in 2000 at the University of California, Davis Law School, where he was awarded tenure and the title of full professor in the 2004-05 academic year. He was a visiting professor at Stanford Law School in 2003-04 and at Northwestern Law School in fall 2005. Before entering academia, Wolff clerked for Judges Betty Binns Fletcher and William A. Norris, both of the Ninth Circuit Court of Appeals, and practiced for two years as a litigator at Paul, Weiss, Rifkind, Wharton & Garrison in New York.

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    Allan R. Stein

    Allan R. Stein is Professor of Law at Rutgers University—Camden. He earned his B.A. with honors at Haverford College in 1975 and his J.D. in 1978 at the New York University School of Law, where he was articles editor of the Annual Survey of American Law and a member of the Order of the Coif. He is admitted to the Bar in Pennsylvania. Professor Stein was an associate in the litigation department of the Philadelphia law firm of Pepper, Hamilton. He was Reporter to the American College of Trial Lawyers Project on Mass Torts.
    Professor Stein teaches Civil Procedure, Federal Courts, and Professional Responsibility. His publications include Erie and Court Access (Yale Law Journal), Styles of Argument and Interstate Federalism in the Law of Personal Jurisdiction (Texas Law Review), Forum Non Conveniens and the Redundancy of Court Access Doctrine (University of Pennsylvania Law Review), and Personal Jurisdiction and the Internet, Seeing Due Process through the Lens of Regulatory Precision (Northwestern University Law Review). He also is co-author of a civil procedure casebook for Aspen Publishing Company (with Linda Silberman and Tobias Wolff).

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    Linda J. Silberman

    Linda J. Silberman is the Martin Lipton Professor of Law at New York University School of Law, where she teaches Civil Procedure, Comparative Procedure, Conflict of Laws, International Litigation, and International Arbitration. Prior to coming to NYU in 1971, she spent several years in private practice in Chicago. She has also been Professor in Residence at the U.S. Justice Department, Civil Division, Appellate Staff. Professor Silberman is co-author of a Civil Procedure casebook and Civil Litigation in Comparative Context (2007). She was Co-Reporter for the ALI Project on Recognition and Enforcement of Foreign Judgments. Her recent scholarship includes her Hague Lectures covering the various Hague Children’s Conventions and articles on the role of choice of law in class actions.

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