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Tel: 215.898.7072
Fax: 215.573.2025
Email: sburbank@law.upenn.edu
Expertise
- Civil Procedure
- Complex Litigation
- Judicial Administration
Bio
Stephen Burbank is the author of definitive works on federal court rulemaking, interjurisdictional preclusion, litigation sanctions, 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, and judicial independence and accountability. He was editor (with Barry Friedman) of Judicial Independence at the Crossroads: An Interdisciplinary Approach (Sage, 2002). His 1982 article, The Rules Enabling Act of 1934 (University of Pennsylvania Law Review), has been described as the most comprehensive account of the origins of modern court rulemaking and as work that reoriented scholarship in the field. That work and his 1986 article, Interjurisdictional Preclusion, Full Faith and Credit and Federal Common Law: A General Approach (Cornell Law Review), have been cited extensively in scholarship and judicial decisions.
Burbank served as reporter of judicial discipline rules for the Third Circuit and of that circuit’s task force to study Rule 11, and was appointed by the Speaker of the U.S. House of Representatives to serve on the National Commission on Judicial Discipline and Removal. A Life Member of the American Law Institute, Burbank served for a decade on the Executive Committee of the American Judicature Society, and chaired the Board of Directors of the American Academy of Political and Social Science and the Fellowship Selection Committee of the American Academy in Berlin.
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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)
Visiting Professor - Harvard; Navarra, Spain; Urbino, Italy; Pavia, Italy; Goethe University, Frankfurt, Germany; University of Michigan
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)
Trustee - American Academy in Berlin (2007- )
Representative Publications
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).
- 06/11/08
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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).
- 08/03/06
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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).
Alternative Career Resolution II: Changing the Tenure of Supreme Court Justices, 154 U. PA. L. REV. 1511 (2006).
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Aggregation on the Couch: The Strategic Uses of Ambiguity and Hypocrisy, 106 COLUM. L. REV. 1924 (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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The Roles of Litigation, 80 WASH U. L. Q. 705 (2002).
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JUDICIAL INDEPENDENCE AT THE CROSSROADS: AN INTERDISCIPLINARY APPROACH (with B. Friedman ed., 2002).
Semtek, Forum Shopping, and Federal Common Law, 77 NOTRE DAME L. REV. 1027 (2002).
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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).
Asked by a member of the U.S. House of Representatives for his views on the "House Working Group on Judicial Accountability."
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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)
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