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Stephen B. Burbank

David Berger Professor for the Administration of Justice

Stephen Burbank

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). Continue reading… 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,  a paper on private enforcement of statutory and administrative law in the United States and other common law countries, and an empirical study of the retirement decisions of federal judges. 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 1993 report.

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Expertise

  • Civil Procedure
  • Complex Litigation
  • Judicial Administration
  • Federal Courts
  • International Civil Litigation

Books

JUDICIAL INDEPENDENCE AT THE CROSSROADS: AN INTERDISCIPLINARY APPROACH (with B. Friedman ed., 2002).
[Available Here]

REPORT OF THE NATIONAL COMMISSION ON JUDICIAL DISCIPLINE AND REMOVAL (1993) (with others).

Articles and Book Chapters

Private Enforcement, 17 LEWIS & CLARK L. REV. 637 (2013) (with Sean Farhang & Herbert M. Kritzer).

International Civil Litigation in U.S. Courts: Becoming A Paper Tiger?, 33 U. PA. J. INT’L L. 663 (2012).

Leaving the Bench, 1970-2009: The Choices Federal Judges Make, What Influences Those Choices, and Their Consequences, 161 U. PA. L. REV. 1 (2012). (with S. Jay Plager and Gregory Ablavsky).

On the Study of Judicial Behaviors: Law Politics, Science and Humility, in WHAT'S LAW GOT TO DO WITH IT? WHAT JUDGES DO, WHY THEY DO IT, AND WHAT'S AT STAKE (Charles Gardner Geyh ed., Stanford Law and Politics 2011).

Litigation and Democracy: Restoring a Realistic Prospect of Trial, 46 HARV. C.R.-C.L. L. REV. 399 (2011) (with Stephen N. Subrin).

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).

Straws, Sand, and Sophistry, 158 U. PA. L. REV. PENNUMBRA 160 (2009) (on-line, third document in the linked Debate).

Time Out, 158 U. PA. L. REV. PENNUMBRA 148 (2009) (on-line, second document in the linked Debate).

Pleading and the Dilemmas of Modern American Procedure, 93 JUDICATURE 109 (2009).

Pleading and the Dilemmas of 'General Rules', 2009 WIS. L. REV. 535.

The Complexity of Modern American Civil Litigation: Curse or Cure?, 91 JUDICATURE 163 (2008).

The Class Action Fairness Act of 2005 in Historical Context: A Preliminary View, 156 U. PA. L. REV. 1439 (2008).

Judicial Independence, Judicial Accountability and Interbranch Relations, 95 GEO. L.J. 909 (2006).

Federalism and Private International Law: Implementing the Hague Choice of Court Convention in the United States, 2 J. PRIV. INT'L L. 287 (2006).

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).

Alternative Career Resolution II: Changing the Tenure of Supreme Court Justices, 154 U. PA. L. REV. 1511 (2006).

Judicial Accountability to the Past, Present and Future: Precedent, Politics, and Power, 28 U. ARK. LITTLE ROCK L. REV 19 (2005).

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).

Jurisdictional Conflict and Jurisdictional Equilibration: Paths to a Via Media?, 26 HOUS. J. INT'L L. 385 (2004).

More publications can be found here.

Working Papers

Litigation Reform: An Institutional Approach, 162 U. PA. L. REV. (forthcoming 2014) (with Sean Farhang). (forthcoming 2014)
[View Document]

Whose Regulatory Interests? Outsourcing the Treaty Function, NYU J. INT'L. L. & POL. (forthcoming 2013)
[View Document]

A Tea Party at the Hague?, 18 SW. J. INT'L L. __ (forthcoming 2013)
[View Document]

Research Areas

  • Research Interests:
  • Federal Court Rulemaking
  • Interjurisdictional Preclusion
  • Comparative Procedure
  • Judicial Independence and Accountability
  • Conflict of Laws

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- ); Trustee, American Academy of Political and Social Science (2001-07), Chair (2004-07

Law Clerk to the Chief Justice of the United States (1974-75)

Law Clerk to Justice Robert Braucher, Supreme Judicial Court of Massachusetts (1973-74)

Visiting Professor - Harvard; Navarra, Spain; Urbino, Italy; Pavia, Italy; Goethe University, Frankfurt, Germany; University of Michigan

Professional Activities

Special Master, National Football League (2002-11); Acting System Arbitrator, NFL (2011- )

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)

Courses

  • Civil Procedure
  • Complex Litigation
  • International Civil Litigation in U.S. Courts
  • Complex Litigation and Dispute Resolution (Seminar)
  • The Study of Judicial Behavior (Seminar)

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