Stephen B. Burbank

In the Media: Stephen B. Burbank

The U.S. Supreme Court's Iqbal decision made it easier than ever for defendants to shut down lawsuits before they get to the costly discovery stage. Civil rights and consumer groups and trial lawyers are beginning to push back, but altering the federal rules is a lengthy process, noted University of Pennsylvania Law School Professor Stephen Burbank, a strong critic of Iqbal. He also cautioned, "The process is under the control of the Supreme Court, which is responsible for these atrocities." (9/22/2009). National Law Journal .
The Supreme Court's ruling in Ashcroft v. Iqbal “obviously licenses highly subjective judgments,” said Stephen B. Burbank, an authority on civil procedure at the University of Pennsylvania Law School. “This is a blank check for federal judges to get rid of cases they disfavor.” (7/20/2009). New York Times.
According to Stephen Burbank, a law professor and former general counsel at the University of Pennsylvania, the legal profession has been slow to innovate but is now beginning to explore new business models. (4/29/2009). Forbes.
NFL Special Master and Penn Law Professor Stephen Burbank will decide whether teams can withhold guaranteed salaries and bonus money from players who get in trouble off the field. (4/2/2009). USA Today.
University of Pennsylvania Law School Professor Stephen Burbank opened a December conference on legal innovation by citing New York Times columnist Thomas Friedman's assessment of the Big Three automakers: “The most important rule of business in today’s integrated and digitized global market, where knowledge and innovation tools are so widely distributed, [is] this: Whatever can be done, will be done,” Friedman wrote. "The only question is will it be done by you or to you." Burbank then remarked, "I see some similarities in the legal profession." Around the room, heads nodded in approval. (12/29/2008). AmLaw Daily.
President Obama will have an important advantage if his proposals are challenged before a federal judiciary largely appointed by Republican presidents, says Professor Stephen Burbank. With strong House and Senate majorities, Obama will have the chance to get legislation passed that will be clear-cut enough to protect it against judicial interpretation. (Subscription required.) (11/10/2008). Legal Intelligencer.
Professor Stephen Burbank, in his role as NFL special master, will hear “a grievance against the league's team owners, accusing them of improper collusion for reducing each franchise's debt ceiling by 20 percent.” (2/22/2008). Washington Post .
Professor Stephen Burbank is profiled, including his role as special master to the NFL (12/5/2007). Philadelphia Weekly .
Professor Stephen Burbank holds a hearing in his capacity as special master to the NFL on the Michael Vick case. ESPN (10/4/2007).
As NFL special master, Professor Stephen Burbank’s earlier ruling in the Ashley Lelie case may be a precedent in determining whether Michael Vick will be entitled to his bonuses. The Recorder (9/5/2007). .
Professor Stephen Burbank debated Professor James Lindgren (Northwestern) at the joint judicial conference of the Eighth and Tenth Circuits on proposals to change the tenure of Supreme Court Justices (7/07). (7/1/2007).
Professor Stephen Burbank comments on the political strategy to curb the independence of the judiciary. Forbes (11/11/2006). Article.
The NFL Players Association files a case accusing the Patriots of failing to bargain in good faith with Professor Stephen Burbank who serves a NFL special master. The Washington Post. (9/2/2006). Article.
The Washington Post discusses Professor Stephen Burbank's ruling as special master to the NFL on Seattle Seahawks guard Steve Hutchinson. (3/21/2006). Article.
As NFL special master, Professor Stephen Burbank presides over the arbitration hearing of Seattle Seahawks guard Steve Hutchinson. Seattle Times (3/20/2006). Article.
Professor Stephen Burbank, special master to the NFL, ruled that the Colts are $6 million over the cap. Indianapolis Star (3/2/2006). Article.
In a retrospective of Chief Justice Rehnquist, Professor Stephen Burbank says that Rehnquist was not reluctant to speak out when he thought that the judiciary was not being well-served by Congress. ABA Journal (11/10/2005). Article.
Professor Stephen Burbank conceived and co-directed a project, involving 11 law professors and 10 practicing lawyers, to provide comments on the proposed restyling of the entire Federal Rules of Civil Procedure. (11/1/2005). More Information.
"There's a pattern here of aggressive claims of congressional power to engage in oversight that, in my view, manifests ignorance of what the Constitution contemplates and what historic practice indicates is proper and is not proper," says Professor Stephen Burbank. ABA Journal (October 2005). 91-OCT A.B.A. J. 38 (10/17/2005).
"In terms of the relationship between the judiciary and the Congress, this is the most poisonous atmosphere in some 40 years, says Professor Stephen Burbank in Time. (5/23/2005). Article.
Professor Stephen Burbank comments that "justices should not feel that a confirmation unduly curtails their independence," as Kansas considers a constitutional amendment requiring Senate confirmation for the Kansas Supreme Court." Kansas City Star (3/26/2005).
Commenting on the Senate's approval of a measure to curb large class action lawsuits, Professor Stephen Burbank suggested, "Don't underestimate the ability of federal judges to find ways around this if they can." The New York Times (2/11/2005). Article - Requires Westlaw sign on - Citation #2005 WLNR 1931862.

In the Media: Stephen B. Burbank

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