2. The distinction between substance and procedure is important to both the Rules Enabling Act and the

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2. The distinction between substance and procedure is important to both the Rules Enabling Act and the Rules of Decision Act. The second sentence of the Rules Enabling Act says that no Federal Rule may “abridge, enlarge, or modify any substantive right,” and the distinction between substance and procedure is at the core of the line of cases interpreting the Rules of Decision Act. How does Chief Justice Warren treat the distinction between substance and procedure in Hanna? How does he define that distinction for purposes of the Rules Enabling Act? For purposes of the Rules of Decision Act? Are the definitions the same?

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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