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Article: 

John Leubsdorf, Constitutional Civil Procedure, 63 Texas L. Rev. 579 (1984). 

Professor Leubsdorf questions why there is relatively little constitutional law regulating the procedures that states may institute in civil actions.  He notes that civil procedure, a body of law arguable as important as any other, has remained relatively untouched by Supreme Court decisions, while during the 60’s and 70’s the Court was a dominant force in sculpting criminal procedure and initiating a revolution in adjudicatory and enforcement procedures of administrative procedures.  Against that historical backdrop, Leubsdorf argues that the constitutional role in fashioning civil procedure should be expanded.  He asserts that constitutional law should expand beyond its traditional approach of using procedural safeguards to shield defendants in order to ameliorate injustices against plaintiffs.  According to Leubsdorf, constitutional law should ideally guarantee equally to both plaintiffs and defendants fair and accessible procedures by which they can resolve their disputes and assess their respective rights.  After considering some of the various objections and hurdles to expanding constitutional law in regards to civil procedure, Leubsdorf addresses how informed constitutional analysis might help to clarify some of the inconsistencies in current procedural law.