Ronen Avraham

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Volume 89.1
Civil Procedure as the Regulation of Externalities: Toward a New Theory of Civil Litigation
Ronen Avraham
Professor of Law, Tel Aviv University Faculty of Law; Lecturer, University of Texas at Austin School of Law
William H.J. Hubbard
Professor of Law, The University of Chicago Law School.

We are grateful for comments from Lynn Baker, 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, as well as the 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. An earlier version of this Article was titled “Procedural Flexibility in Three Dimensions.”

Civil procedure serves a multitude of goals, from regulating the cost of fact gathering to dictating the rules of advocacy in court to promoting public participation in trials. To what extent can procedural design serve them all, or must rules sacrifice some interests to serve others? In this Article, we are the first to introduce a theory of procedural design that answers this question.

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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.