Civil Procedure

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Article
87.6
Political Questions and the Ultra Vires Conundrum
Richard H. Fallon Jr
Story Professor of Law, Harvard Law School.

I am grateful to Rachel Barkow, Curt Bradley, Tara Grove, Vicki Jackson, John Manning, Daphna Renan, Mark Tushnet, and Amanda Tyler for extraordinarily helpful comments on a prior draft, to participants at Harvard Law School’s Public Law Workshop for illuminating questions and suggestions, and to Grayson Clary, Ian Eppler, Emily Massey, and Alex Slessarev for superb research assistance.

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Article
87.4
The Spectrum of Procedural Flexibility
Ronen Avraham
Professor of Law, Tel Aviv University Faculty of Law; Lecturer, University of Texas at Austin School of Law.

We are grateful for comments from Bob Bone, Alon Klement, Shay Lavie, Jay Tidmarsh, Diego Zambrano, and participants at the Law Faculty Workshops at the University of Chicago, the University of Notre Dame, Tel Aviv University, and the University of Texas School of Law, as well as the 2018 ALEA Annual Meetings. We thank Ramon Feldbrin, Kathryn Garcia, Sakina Haji, Deanna Hall, Adam Picker, Jill Rogowski, and Kelly Yin for valuable research assistance. William Hubbard thanks the Paul H. Leffmann Fund and the Jerome F. Kutak Faculty Fund for research support.

William H.J. Hubbard
Professor of Law, The University of Chicago Law School.
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Article
Online 86
How Probable is “Plausible”?
Daniel A. Epstein
Attorney at Jenner & Block LLP

My thanks to William H. J. Hubbard, Anthony J. Casey, Vincent S.J. Buccola, Drew H. Bailey, Nora E. Becerra, Huiyi Chen, Eric E. Petry, Vaughn Olson, and Nathaniel K.S. Wackman for comments and criticisms of earlier drafts; to Emily Samra for assistance with research; and to the staff of The University of Chicago Law Review for helping to get this Article into final form.