Bibliography

Thomas D. Rowe Jr.

Books

Constitutional Theory: Arguments and Perspectives (LexisNexis, 3d ed. 2007) (with Michael J. Gerhardt & Stephen M. Griffin)
Federal Courts in the Twenty-First Century (2d ed. 2002, 3d ed. 2007) (with others)
Constituional Theory: Arguments and Perspective (1993, 2d ed. 2000) (with Michael J. Gerhardt)
Civil Procedure(with Suzanna Sherry & Jay H. Tidmarsh) (Foundation Press 2004), with 2007 supplement
Gilbert Law Summaries: Civil Procedure (15th ed. 1995, 16th.ed. 2002) (with R. Marcus).

Study Aids

Working Papers

Attorney Fee Arrangements and Dispute Resolution (1990).
Significant Nonobvious Effects of the Abolition of the General Diversity Jurisdiction (Federal Justice Research Program, U.S. Dept. of Justice, 1978).

Articles and Essays

Authorized Managerialism Under the Federal Rules--and the Extent of Convergence with Civil-Law Judging, 36 Southwestern University Law Review 191 (2007)
'Inextricably Intertwined' Explicable At Last: Rooker-Feldman Analysis After the Supreme Court's Exxon Mobil Decision, 2006 Federal Courts Law Review 1 (with Edward L. Baskauskas)
Civil Rules Advisory Committee Alumni Panel: The Process of Amending the Civil Rules, 73 Fordham Law Review 135, 146-49 (2004)
Instructions to Jury; Objections; Preserving a Claim of Error, in Moore's Federal Practice , Ch. 51 (3d ed. 2003).
Offers of Judgment, in Moore's Federal Practice, Ch. 68 (3d ed. 2003).
Shift Happens: Pressure on Foreign Attorney-Fee Paradigms from Class Actions, 13 Duke Journal of Comparative & International Law 125-49 (2003). Special Issue in honor of Herbert L. Bernstein.
Protection of Personal Privacy and Trade Secrets in American Civil Litigation (pts. 1 and 2), NBL [Japanese Business Law Journal], Nos. 729 Jan. 15, 2002, at 60, No. 730 Feb 1, 2002, at 57 (in Japanese; translated by Prof. Masahiko Omura).
Who Should Pay for Attorneys' Fees? Considerations in Choosing Among Approaches to Recovery of Attorney Fees in Civil Litigation (pts. 1 and 2), NBL [Japanese Business Law Journal], No. 720 Sept. 1, 2001 at 16, No.723 Oct. 15, 2001, at 54 (in Japanese; translated by Prof. Koichi Miki).
Beyond "It Just Ain't Worth It": Alternative Strategies for Damage Class Action Reform, 64 Law & Contemp. Probs. 137 (Spring/Summer 2001) (with Deborah R. Hensler).
A Square Peg in a Round Hole? The 2000 Limitation on the Scope of Federal Civil Discovery, 69 Tenn. L. Rev. 13 (2001).
Foreword: Debates over Group Litigation in Comparative Perspective: What Can We Learn from Each Other?, 11 Duke J. of Comp. & Int'l L. 157 (2001).
Foreword: Rooker-Feldman: Worth Only the Powder to Blow It Up?, 74 Notre Dame L. Rev. 1081 (1999).
1367 and All That: Recodifying Federal Supplemental Jurisdiction, 74 Ind. L.J. 53 (1998).
Not Bad for Government Work: Does Anyone Else Think the Supreme Court Is Doing a Halfway Decent Job In Its Erie-Hanna Jurisprudence?, 73 Notre Dame L. Rev. 963 (1998).
Indemnity or Compensation? The Contract with America, Loser-Pays Attorney Fee Shifting, and a One-Way Alternative, 37 Washburn L.J. 317 (1998).
A Distant Mirror: The Bill of Peace In Early American Mass Torts and Its Implications for Modern Class Actions, 39 Ariz. L. Rev. 711 (1997).
Empirical Research on the Success of Settlement Devices, in Dispute Resolution: Bridging the Settlement Gap 131 (D. Anderson ed., 1996) (with Anderson).
Beyond the Class Action Rule: An Inventory of Statutory Possibilities to Improve the Federal Class Action, 71 N.Y.U.L. Rev. 186 (1996).
One Way Fee Shifting Statutes and Offer of Judgment Rules: An Experiment, 36 Jurimetrics J. 255 (1996) (with David A. Anderson).
Empirical Evidence on Settlement Devices: Does Rule 68 Encourage Settlement?, 71 Chi.-Kent L. Rev. 519 (1995) (with D. Anderson).
Repealing the Law of Unintended Consequences? Comment on Walker (2), 24 J. Legal Stud. 615 (1994).
No Final Victories: The Incompleteness of Equity's Triumph in Federal Public Law, Law & Contemp. Probs., Summer 1993, at 105.
Defining Finality and Appealability by Court Rule: A Comment on Martineau's "Right Problem, Wrong Solution," 54 U. Pitt. L. Rev. 795 (1993).
A Coda on Supplemental Jurisdiction, 40 Emory L.J. 993 (1991) (with Burbank and Mengler).
Compounding or Creating Confusion About Supplemental Jurisdiction? A Reply to Professor Freer, 40 Emory L.J. 943 (1991) (with Burbank and Mengler).
Jurisdictional and Transfer Proposals for Complex Litigation, 10 Rev. Litigation 325 (1991).
Congress Accepts Supreme Court's Invitation to Codify Supplemental Jurisdiction, 74 Judicature 213 (1991) (with Mengler and Burbank).
Computer Programs to Aid in Teaching Legal Research and Writing, Integrated Legal Research, Vol. 3, nos. 1 & 2, at 18 (1990).
American Law Institute Study on Paths to a "Better Way": Litigation, Alternatives, and Accommodation: Background Paper, 1989 Duke L.J. 824.
Empirical Research on Offers of Settlement: A Preliminary Report, Law & Contemp. Probs., Autumn 1988, at 13 (with Neil Vidmar).
The Supreme Court on Attorney Fee Awards, 1985 and 1986 Terms: Economics, Ethics, and Ex Ante Analysis, 1 Geo. J. Legal Ethics 621 (1988).
S. Estreicher & J. Sexton, Redefining the Supreme Court's Role: A Theory of Managing the Federal Judicial Process, 4 Const. Commentary 417 (1987).
Beyond Diversity: Federal Multiparty, Multiforum Jurisdiction, 135 U. Pa. L. Rev. 7 (1986) (with Sibley).
Teaching Federal Courts from a Little Red Book, 1985 Duke L.J. 833 (reviewing H. Fink and M.V. Tushnet, Federal Jurisdiction: Policy and Practice).
Predicting the Effects of Attorney Fee Shifting, Law & Contemp. Probs., Winter 1984, at 139.
The Legal Theory of Attorney Fee Shifting: A Critical Overview, 1982 Duke L.J. 651.
Expenses: The Roadblock to Justice, Judges' J., Summer 1981, at 16 (with Rosenberg and Rient).
The Emerging Threshold Approach to State Action Determinations: Trying to Make Sense of Flagg Brothers, Inc. v. Brooks, 69 Geo. L.J. 745 (1981).
Abolishing Diversity Jurisdiction: The Silver Lining, 66 A.B.A. J. 177 (1980).
A Comment on the Federalism of the Federal Rules, 1979 Duke L.J. 843.
Abolishing Diversity Jurisdiction: Positive Side Effects and Potential for Further Reforms, 92 Harv. L. Rev. 963 (1979).
Consent and the Roots of Judicial Authority: The Constitutional Writings of Archibald Cox, 55 Tex. L. Rev. 163 (1976) (reviewing A. Cox, The Role of the Supreme Court in American Government).

Newspaper articles and commentary

Recent Federal Court Legislation Made Some Noteworthy Changes, Nat'l L.J., Dec. 31, 1990, at 20 (with Mengler and Burbank).
New Rules for Multistate Mass Torts, Legal Times, June 11, 1990, at 30.
The Debate Over the 14th Amendment, News & Observer, Sept. 7, 1986, at 4D (reviewing M. Curtis, No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights).
Leave the Abortion Compromise Alone, Christian Sci. Monitor, May 18, 1982, at 23.