Home > Journals > WMLR > Vol. 60 (2018-2019) > Iss. 6 (2019)
William & Mary Law Review
Abstract
Procedural rulemaking is often thought of as a second-order task for the federal court system, relevant to the courts’ work but not essential to their function. In reality, rulemaking plays an integral role in the court system’s operation by actively insulating the courts from environmental pressure. This Article explains how power over procedural rulemaking protects the federal courts from environmental uncertainty and describes the court system’s efforts to maintain the effectiveness of the rulemaking buffer in response to historical and contemporary challenges.
Repository Citation
Jordan M. Singer, The Federal Courts’ Rulemaking Buffer, 60 Wm. & Mary L. Rev. 2239 (2019), https://scholarship.law.wm.edu/wmlr/vol60/iss6/5Included in
Civil Procedure Commons, Constitutional Law Commons, Courts Commons