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Home Faculty»Catherine Struve

Papers on SSRN

Catherine Struve

David E. Kaufman & Leopold C. Glass Professor of Law

Catherine Struve teaches and researches in the fields of civil procedure and federal courts. She serves as Reporter to the U.S. Judicial Conference Standing Committee on Rules of Practice and Procedure.

She won the Law School’s Harvey Levin Memorial Award for Excellence in Teaching in 2003, 2009, and 2015. She was elected to the Council of the American Law Institute in 2010. Her recent research concerns federal appellate procedure.

Featured Research

More Publications

16A & 16AA Federal Practice & Procedure (5th edition, 2019 & 2020, respectively) (with the late Charles Alan Wright, Arthur R. Miller, & Edward H. Cooper) (volumes on the Federal Rules of Appellate Procedure)

The Federal Rules of Inmate Appeals, 50 Ariz. St. L.J. 247 (2018)

The Conditions of Pretrial Detention, 161 U. Pa. L. Rev. 1009 (2013)

Tribal Immunity and Tribal Courts, 36 Ariz. St. L.J. 137 (2004)

The Paradox of Delegation: Interpreting the Federal Rules of Civil Procedure, 150 U. Pa. L. Rev. 1099 (2002)

Articles
Allowing the Courts to Step in Where Needed: Applying the PLRA's 90-Day Limit on Preliminary Relief, University of St. Thomas Law Journal (2023)
Procedure in Context, Hastings Law Journal (2019)
The Federal Rule of Inmate Appeals, Arizona State Law Journal (2018)
Phantom Rules, Columbia Law Review Forum (2017)
A Reply to Professor Reinert, University of Pennsylvania Law Review Online (2013)
The Conditions of Pretrial Detention, University of Pennsylvania Law Review (2013)
What Ed Cooper Has Taught Me About the Realities and Complexities of Appellate Jurisdiction and Procedure, University of Michigan Journal of Law Reform (2013)
Institutional Practice, Procedural Uniformity, and As-Applied Challenges Under the Rules Enabling Act, Notre Dame Law Review (2011)
Sovereign Litigants: Native American Nations in Court, Villanova Law Review (2010)
Time and the Courts: What Deadlines and Their Treatment Tell Us About the Litigation System, DePaul Law Review (2010)
Shifting Burdens: Discrimination Law Through the Lens of Jury Instructions, Boston College Law Review (2010)
Geoffrey C. Hazard, Jr.: Scholar, Law Reformer, Teacher, and Mentor, University of Pennsylvania Law Review (2010)
Foreword: Procedure as Palimpsest, University of Pennsylvania Law Review (2010)
Power, Protocol and Practicality: Communications from the District Court During an Appeal, Notre Dame Law Review (2009)
Greater and Lesser Powers of Tort Reform: The Primary Jurisdiction Doctrine and State-Law Claims Concerning FDA-Approved Products, Cornell Law Review (2008)
Commentary on Class Settlements Under Attack, University of Pennsylvania Law Review (2008)
Constitutional Decision Rules for Juries, Columbia Human Rights Law Review (2006)
The FDA and the Tort System: Postmarketing Surveillance, Compensation, and the Role of Litigation, Yale Journal of Health Policy, Law & Ethics (2005)
Improving the Medical Malpractice Litigation Process, Health Affairs (2004)
Tribal Immunity and Tribal Courts, Arizona State Law Journal (2004)
Doctors, the Adversary System, and Proceudral Reform in Medical Liability Litigation, Fordham Law Review (2004)
How Bad Law Made a Hard Case Easy: Nevada v. Hicks and the Subject Matter Jurisdiction of Tribal Courts, University of Pennsylvania Journal of Constitutional Law (2003)
Direct and Collateral Federal Court Review of the Adequacy of State Procedural Rules, Columbia Law Review (2003)
Turf Struggle: Land, Sovereignty, and Sovereign Immunity, New England Law Review (2003)
Realspace Sovereigns in Cyberspace: Problems with the Anticybersquatting Consumer Protection Act, Berkeley Technology Law Journal (2002)
The Paradox of Delegation: Interpreting the Federal Rules of Civil Procedure, University of Pennsylvania Law Review (2002)
Raising Arizona: Reflections on Sovereignty and the Nature of the Plaintiff in Federal Suits Against States, Montana Law Review (2000)
Attorney-Client and Work Product Protection in a Utilitarian World: An Argument for Recomparison, Harvard Law Review (1995)
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Books
2021 Supplements to 16A & 16AA Federal Practice and Procedure, 5th Edition (2021)
16A Federal Practice & Procedure, 5th Edition (2020)
16AA Federal Practice & Procedure, 5th Edition (2019)
Teacher's Manual to Field, Kaplan, and Struve's Civil Procedure, Materials for a Basic Course, 11th Edition (2014)
Field, Kaplan, and Struve's Civil Procedure, Materials for a Basic Course, 11th Edition (2014)
16A & 16AA Federal Practice & Procedure, 4th Edition (2008)
Chapters
The Story of Santa Clara Pueblo v. Martinez: Tribal Sovereignty, Sex Equality and the Federal Courts in Federal Courts Stories (2009)
Judiciary Act of 1891 in Encylopedia of the Supreme Court of the United States (2008)
Expertise and the Legal Process in Medical Malpractice and the U.S. Health Care System: New Century, Different Issues (2006)