Amalia D. Kessler

Lewis Talbot and Nadine Hearn Shelton Professor of International Legal Studies

Civil ProcedureLegal HistoryComparative LawAlternative Dispute Resolution

Amalia D. Kessler is the Lewis Talbot and Nadine Hearn Shelton Professor of International Legal Studies and Professor of History (by courtesy) at Stanford University. She serves as Associate Dean for Advanced Degree Programs at Stanford Law School. Her award-winning books explore the intersection of law, markets, and dispute resolution from the early modern period to the twentieth century. She received the Surrency Prize from the American Society for Legal History.

Teaching Style

Professor Kessler brings deep historical perspective to her teaching of civil procedure and comparative law. She uses a Socratic method that pushes students to question why American legal procedures developed the way they did, often drawing comparisons with European legal systems. Her cold calls probe not just what the rules are but their historical origins and whether alternative approaches might work better.

Cold Call Tips

  1. 1Understand the historical development of the American adversarial system and how it differs from other legal traditions
  2. 2Be prepared to discuss the policy rationales behind procedural rules, not just their mechanics
  3. 3Know the Federal Rules of Civil Procedure but also be ready to think critically about procedural reform
  4. 4Consider how dispute resolution mechanisms reflect broader social and economic structures

Areas of Expertise

Legal historyCivil procedure and litigationComparative lawAlternative dispute resolutionLaw and markets in historical perspective

Education

  • B.A., Yale University
  • J.D., Stanford Law School
  • Ph.D., Stanford University (History)

Notable Publications

  • Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877
  • A Revolution in Commerce: The Parisian Merchant Court and the Rise of Commercial Society in Eighteenth-Century France

Research Interests

Origins of adversarial legal cultureLegal institutions and market developmentComparative civil procedureHistory of dispute resolutionFrench and American legal history

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