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Tel: 215.898.7072
Fax: 215.573.2025
Email: sburbank@law.upenn.edu
Expertise
- Civil Procedure
- Complex Litigation
- Judicial Administration
- Judicial Behavior
- Federal Courts
Bio
Stephen Burbank is the author of definitive works on federal court rulemaking, interjurisdictional preclusion, litigation sanctions, international civil litigation, and judicial independence and accountability.
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Stephen Burbank is the author of definitive works on federal court rulemaking, interjurisdictional preclusion, litigation sanctions, international civil litigation, and judicial independence and accountability. He is co-editor of Judicial Independence at the Crossroads: An Interdisciplinary Approach (Sage, 2002). His 1982 article, The Rules Enabling Act of 1934, reoriented the theory and practice of court rulemaking. Burbank’s recent scholarship includes a detailed study of the Class Action Fairness Act of 2005 in historical perspective, an analysis of different approaches to the study of judicial behavior in law and political science, and a paper on private enforcement of statutory and administrative law in the United States and other common law countries for the International Association of Procedural Law. Burbank was appointed by the Speaker of the U.S. House of Representatives to the National Commission on Judicial Discipline and Removal and was a principal author of the Commission’s report. He served for many years on the Executive Committee of the American Judicature Society, chaired the Board of the American Academy of Political and Social Science, and is currently a Trustee of the American Academy in Berlin and Special Master of the NFL.
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Representative Professional Positions
Penn Law - David Berger Professor for the Administration of Justice (1995- ); Acting Dean (1995); Robert G. Fuller, Jr., Professor of Law (1991-95); Professor of Law (1986-91); Associate Professor of Law and Associate Dean (1983-85); Assistant Professor of Law (1979-83)
University of Pennsylvania - General Counsel (1975-79); General Counsel and Assistant Professor of Law (1979-80)
Trustee - American Academy in Berlin (2007- )
Law Clerk to Justice Robert Braucher, Supreme Judicial Court of Massachusetts (1973-74)
Law Clerk to the Chief Justice of the United States (1974-75)
Visiting Professor - Harvard; Navarra, Spain; Urbino, Italy; Pavia, Italy; Goethe University, Frankfurt, Germany; University of Michigan
Representative Publications
Litigation and Democracy: Restoring a Realistic Prospect of Trial, 46 HARV. C.R.-C.L. L. REV. 399 (2011) (with Stephen N. Subrin).
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Summary Judgment, Pleading, and the Future of Transsubstantive Procedure, 43 AKRON L. REV. 1189 (2010).
Redeeming the Missed Opportunities of Shady Grove, 159 U. PA. L. REV. 17 (2010) (with Tobias Barrington Wolff).
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Straws, Sand, and Sophistry, 158 U. PA. L. REV. PENNUMBRA 160 (2009) (on-line, third document in the linked Debate).
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Time Out, 158 U. PA. L. REV. PENNUMBRA 148 (2009) (on-line, second document in the linked Debate).
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Pleading and the Dilemmas of Modern American Procedure, 93 JUDICATURE 109 (2009).
Pleading and the Dilemmas of 'General Rules', 2009 WIS. L. REV. 535.
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The Complexity of Modern American Civil Litigation: Curse or Cure?, 91 JUDICATURE 163 (2008).
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The Class Action Fairness Act of 2005 in Historical Context: A Preliminary View, 156 U. PA. L. REV. 1439 (2008).
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Judicial Independence, Judicial Accountability and Interbranch Relations, 95 GEO. L.J. 909 (2006).
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Federalism and Private International Law: Implementing the Hague Choice of Court Convention in the United States, 2 J. PRIV. INT'L L. 287 (2006).
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An Interdisciplinary Perspective on the Tenure of Supreme Court Justices, in REFORMING THE SUPREME COURT 317 (R. Cramton & P. Carrington eds., 2006).
Aggregation on the Couch: The Strategic Uses of Ambiguity and Hypocrisy, 106 COLUM. L. REV. 1924 (2006).
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Alternative Career Resolution II: Changing the Tenure of Supreme Court Justices, 154 U. PA. L. REV. 1511 (2006).
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Judicial Accountability to the Past, Present and Future: Precedent,
Politics, and Power, 28 U. ARK. LITTLE ROCK L. REV 19 (2005).
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The Politics of the Federal Judiciary: Tiered Appellate
Decisionmaking, JUDICATURE (July/August 2005).
Vanishing Trials and Summary Judgment in Federal Civil Cases: Drifting Towards Bethlehem or Gomorrah?, 1 J. EMPIRICAL LEGAL STUD. 591 (2004).
Procedure, Politics and Power: The Role of Congress, 79 NOTRE DAME L. REV. 1677 (2004).
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Jurisdictional Conflict and Jurisdictional Equilibration: Paths to a Via Media?, 26 HOUS. J. INT'L L. 385 (2004).
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What Do We Mean by 'Judicial Independence?' 64 OHIO ST. L. J. 323 (2003).
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JUDICIAL INDEPENDENCE AT THE CROSSROADS: AN INTERDISCIPLINARY APPROACH (with B. Friedman ed., 2002).
Jurisdictional Equilibration, the Proposed Hague Convention and Progress in National Law, 49 AM. J. COMP. L. 203 (2001).
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REPORT OF THE NATIONAL COMMISSION ON JUDICIAL DISCIPLINE AND REMOVAL (1993) (with others).
Interjurisdictional Preclusion, Full Faith and Credit and Federal Common Law: A General Approach, 71 CORNELL L. REV. 733 (1986).
The Rules Enabling Act of 1934, 130 U. PA. L. REV. 1015 (1982).
For additional publications, please consult
Current & Recent Research
Current Working Papers
On the Study of Judicial Behaviors: Law, Politics, Science and Humility (forthcoming)
Representative Professional Activities
Special Master, National Football League (2002- )
Trustee, American Academy in Berlin (2007- );Selection Committee, Berlin Prize Fellowships, American Academy in Berlin (2003-
2007), Chair (2005-2007)
Non-Executive Director, Filtronic plc (1994-2008)
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