Civil Procedure Law Scholarship and Impact

Professors Secure SCOTUS Win in Harrow v. Dept. of Defense

Professors at UC Law SF’s Center for Litigation and Courts (CLC) scored a victory for their client at the U.S. Supreme Court—one that makes it easier for federal employees to get job-related disputes heard in federal court.

CLC Director and Distinguished Professor Scott Dodson wrote the winning case briefs, while CLC Research Professor Joshua Davis argued before the Court’s nine justices.

The result was a unanimous opinion in favor of their client, Stuart Harrow.

The case involved a deadline that the U.S. Court of Appeals for the Federal Circuit ruled was “jurisdictional,” meaning courts lack the power to bypass it. Harrow sought help from Dodson, one of the nation’s leading experts on jurisdictional deadlines.

“CLC doesn’t usually provide direct representation, but Mr. Harrow’s case was so compelling, and the issue was so squarely within CLC’s mission and expertise, that we just had to,” Dodson said.

Center for Litigation and Courts Expands Research and Impact

Established in 2021, the Center for Litigation and Courts (CLC) provides research to courts and gives practicing attorneys opportunities to moot California Supreme Court arguments. Highlights include:

• In March 2024, the center hosted and cosponsored, with ABOTA, the second installment of a three-year conference series on “A More Perfect Jury.”
• The center’s Amicus Brief in Support of Petitioner, Royal Canin U.S.A., Inc. v. Wullschleger, No. 23-677 (S. Ct. 2024), was mentioned with approval by Justice Sotomayor at oral argument.
• The center produced its first white paper, a Report on Class-Action Settlement Distributions in the Northern District of California, which generated substantial media attention.

‘Living Legend’ Prof. Marcus Prepares Students for Practice

Known as a living legend in the field of civil procedure, Professor Richard Marcus has co-written leading books on the subject and helped shape new rules for civil cases through his work on a committee that sets policies for federal courts.

Last year, he was appointed reporter to the Judicial Conference Advisory Committee on Civil Rules after serving as associate reporter since 1996. The committee considers amendments to the Federal Rules of Civil Procedure. Marcus analyzes possible rule changes, writes draft rulemaking proposals, and reviews and summarizes public comments on proposals.

But perhaps the greatest achievement of his 43-year career is the impact he’s had on generations of law students, who say he did more than teach them how to grasp civil procedure and think like lawyers. He also gave his time and wisdom generously, helping them achieve their dreams.