October 5, 2006

Via Federal Civil Practice Bulletin, the Texas Law Review has lately published an article by U. of South Carolina lawprof Andrew M. Siegel (84 Tex. L. Rev. 1097 (2006)) arraigning the Rehnquist Court for the presumed sin of systematic "hostility to litigation". The article's title is "The Court Against the Courts: Hostility To Litigation as an Organizing Theme in the Rehnquist Court's Jurisprudence". It almost seems from that title that to oppose the endless multiplication of lawsuits and litigation is to be "against the courts", but surely the author could not have intended so simplistic a reading.