Volume 77

Systemic Jurisdictional Ambiguity

Norman W. Spaulding Volume 77, Issue 2, 323-378 The purpose of jurisdictional rules is to provide reasonably clear signals about when a court does and does not have power over a case. Judging from the modern Supreme Court’s rules for determining jurisdiction, however,...

A Procedural Giant

Scott Dodson Volume 77, Special Issue, 1-4 When I first learned of my colleague and mentor Rick Marcus’s intention to retire, I immediately thought to spearhead this written symposium in his honor. I organized one for Geoff Hazard in 2019, and Rick struck me as...

That’s Rick

Edward H. Cooper Volume 77, Special Issue, 5-10 Rick Marcus retiring? Not possible. No way. Well, I might be persuaded that he will retire from the job with a paycheck. Retiring will leave him free to go full speed ahead, engaging in the full range of his abiding...

A Set of One

David L. Faigman Volume 77, Special Issue, 17-21 In every respect, Emeritus Distinguished Professor of Law and Horace O. Coil Chair in Litigation, Richard Marcus—“Rick” to everyone who knows him—is the quintessential academic. Indeed, if one were writing a movie that...

Richard Marcus, Master of Rules

Elizabeth J. Cabraser Volume 77, Special Issue, 21-25 Many lawyers are forever indebted to Rick Marcus as a consummate professor of civil procedure, who merges the theoretical with the practical. Professor Marcus enables the students he teaches to not only think like...

Three (Unfashionable) Words About Rick Marcus

Steve Gensler Volume 77, Special Issue, 25-30 Rick Marcus rules! (Bad pun intended.) No, those aren’t my three words about Rick Marcus. Nor am I going to write that Rick is prolific, or brilliant, or gracious, or generous of spirit, or any of the other words one could...

A Reporter for All Seasons

Judge Robert M. Dow, Jr. Volume 77, Special Issue, 31-34 My introduction to Professor Richard Marcus took place on my first day of law school. It was, as we now would say, a virtual encounter. Rick was present in the form of a not inexpensive textbook: Marcus, Redish,...

Rick Marcus

Andrew Bradt Volume 77, Special Issue, 35-39 There is only one Rick Marcus. Of course, when one considers the sum of his contributions to American law—as a teacher, scholar, mentor, and public servant—it’s remarkable that there is only one Rick Marcus. I have had the...

Richard Marcus: An Encomium

Deborah R. Hensler Volume 77, Special Issue, 39-41 As long as I have researched, written, and taught complex civil litigation, Rick Marcus has been my go-to person to find out what new civil procedure rules are in the making, why, and in response to whose pleas. I am...

Discovering Rick Marcus

Diego Zambrano Volume 77, Special Issue, 47-53 No one knows more about discovery than Rick Marcus. Over the course of his career, Rick has authored the defining scholarship on our American procedural institution, from his early work on reforms to contain discovery...

The Autonomy Default Paradigm in Contract Law

Hanoch Dagan & Michael Heller Volume 77, Issue 1, 1-37 You can scribble an agreement on a napkin or hire lawyers to negotiate a hundred-page contract. Either way, most of your contractual obligations will not be in your document. They will be in the background...

Religious Freedom & the Fertilized Egg

Rabea Benhalim Volume 77, Issue 1, 166-222 Anti-abortion activism and litigation have challenged established caselaw on the legality of in vitro fertilization (IVF) and the legal treatment of IVF fertilized eggs. These challenges rely on conservative Christian...