Morgan: Crying of Rule 49

[jbor at bigpond.com]

Essay (pdf):

'The Crying of Rule 49' by Edward M. Morgan. _University of Toronto Law 
Journal_ 54.1, Winter 2004, pp. 45-74.

Begins:

"This article crosses – criss-crosses, actually – the border between 
law and
literature. Its goal is to mirror the dizzying array of procedural 
doctrines
under discussion with an equally dizzying set of comparisons. 
Contemporary
international litigation is compared to a 1960s work of fiction,
Canadian civil procedure is compared to American social movements,
civil liability for polluting the environment on one side of the border 
is
juxtaposed with the pollution of the civil liability environment on the
other side, and so on. My hope is to demonstrate both the exhaustion of
meaning and the replenishment of forms taken by international law and
the legal procedures used to create it. [...]"

Amazing footnotes.

best