Reforming the Rules: Professor Zachary Clopton’s Research on Civil Procedure Aims at Improvement

Understanding the rules and policies that shape the judicial system is a laborious process. And for Northwestern University’s Pritzker School of Law Professor and Associate Dean for Research and Intellectual Life Zachary D. Clopton, this work is immensely vital to uncovering injustices, increasing visibility, and promoting reform in civil procedure. 

“It is important to think about how we use courts and litigation to address hard problems of public policy,” said Clopton. “That entails studying courts as institutions. And when we think about them as institutions, it really matters how they work, who makes decisions, who has power, and what rules exist.”

Currently, Clopton is collaborating with Duke University School of Law Professor Marin Levy on a major quantitative and qualitative analysis of the Local Rules of the federal courts. The large-scale study includes interviews with more than 60 lawyers and judges who make those rules.

“The court system has national rules; however, each court can also establish its own set of rules,” he said. “The goal of our research is not only to develop a greater understanding of how the local rules work, but also to make the rulemaking process better. Sometimes these rules can impede efficiency and the ultimate delivery of justice. We aim for the research to promote straightforward improvements.”

In addition to the work on local rules, Clopton also collaborates with faculty at Northwestern and at other institutions on the SCALES project, another large-scale data-collecting and data-organizing project that aims to improve access to data of federal courts.

“The lower federal district courts especially contain a wealth of information that is not easily accessible,” Clopton said. “In SCALES, our goal is to improve and simplify the management of court data as a public asset for public benefit.”

Since joining the Northwestern Pritzker Law faculty in 2019, Clopton has built upon his reputation as a prominent legal scholar. Known widely for his research in the areas of civil procedure, complex litigation, and international litigation, Clopton’s scholarship has appeared in publications such as the Yale Law Journal, Stanford Law Review, and Chicago Law Review, among others.

Last year, Clopton’s expertise and contributions earned him a well-deserved place on the prestigious list of Top 100 Legal Scholars. What’s more — his position on the list is the highest ranking of any legal scholar writing primarily in the area of civil procedure.

“I am honored to be among the incredible legal scholars recognized on last year’s Top 100 list,” Clopton said, “I am also honored to have the chance to do this work at Northwestern Pritzker Law, where we have the best civil procedure faculty in the country.”

A highlight of his career, in 2023, Clopton was appointed by Chief Justice John Roberts to serve on the Advisory Committee on Civil Rules, a crucial role that positions him at the forefront of discussions shaping the future of civil litigation in the United States. Clopton also serves as the reporter for the Seventh Circuit Pattern Jury Instructions Committee and the Uniform Law Commission’s Study Committee on International Litigation Procedure, and he is a member of the American Law Institute.

Prior to his time at Northwestern Pritzker Law, Clopton served as an associate professor of law at Cornell Law School. Throughout his teaching tenure, both at Cornell and now at Northwestern, Clopton noted his passion for bringing civil procedure to life for his students.

“Civil procedure is a technical and often dry subject — one that students often dread,” he reflected. “That said, civil procedure is central to every lawsuit filed in court, including lawsuits students know and care about, such as election disputes, the work of the federal government, civil rights, and even popular culture.”

In addition to teaching and research, Clopton’s professional experience is equally impressive. He clerked for the Honorable Diane P. Wood of the United States Court of Appeals for the Seventh Circuit, and he served as an Assistant United States Attorney in Chicago. His work in the national security group at Wilmer Hale in Washington, D.C., further diversified Clopton’s experience, allowing him to navigate complex legal challenges on a national level. As a faculty member at Northwestern Pritzker Law, he serves as a dedicated mentor for students interested in judicial clerkships.

Clopton holds a JD from Harvard Law School and earned his MPhil in international relations from Cambridge University, where he was a Gates Foundation Scholar. He received his BA from Yale University.