A Guide to Civil Procedure : : Integrating Critical Legal Perspectives / / ed. by Portia Pedro, Suzette Malveaux, Brooke Coleman, Elizabeth Porter.
Shines a light on the ways in which civil procedure may privilege—or silence—voices in our justice systemIn today’s increasingly hostile political and cultural climate, law schools throughout the country are urgently seeking effective tools to address embedded inequality in the United States legal s...
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| Superior document: | Title is part of eBook package: De Gruyter EBOOK PACKAGE COMPLETE 2022 English |
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| Place / Publishing House: | New York, NY : : New York University Press, , [2022] ©2022 |
| Year of Publication: | 2022 |
| Language: | English |
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| Physical Description: | 1 online resource :; 12 b/w illustrations |
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Table of Contents:
- Frontmatter
- Contents
- Why Procedure Is Critical, Constitutive, and Vulnerable: A Reconstruction Foreword
- Introduction
- Part I Theoretical Concepts in Civil Procedure
- 1 A Critical Perspective on Personal Jurisdiction Kulko v. Superior Court
- 2 Forging Fortuity Against Procedural Retrenchment: Developing a Critical Race Theoretical Account of Civil Procedure
- 3 Civil Procedure in the Shadow of Violence
- 4 Multiple Disadvantages: An Empirical Test of Intersectionality Theory in Equal Employment Opportunity Litigation
- 5 Orientalizing Procedure: Insiders and Outsiders in the Doctrine of Arbitration
- 6 Prisoner Procedure
- 7 The Benefits of Class Actions and the Increasing Threats to Their Viability
- 8 Disability Employment Class Actions
- 9 Procedure and Indian Children
- Part II Institutional Anchors in Civil Procedure
- 10 The Ideal and the Actual in Procedural Due Process
- 11 The Restrictive Ethos in Civil Procedure
- 12 Losers’ Rules
- 13 Disruptors and Disruptions: Re-centering Procedural Narrative
- 14 Class in Courts: Incomplete Equality’s Challenges for the Legitimacy of Procedural Systems
- 15 Can a Gay Judge Judge a Gay Rights Case? Thoughts on Judicial Neutrality
- 16 (Un)Conscious Judging
- 17 When Law Forsakes the Poor
- 18 Doorways of Discretion: Psychological Science and the Legal Construction and Erasure of Racism
- 19 #SoWhiteMale Federal Civil Rulemaking
- Part III Constitutional Procedure: Due Process and Jurisdiction
- 20 Building a Litigation Coalition: Business Interests and the Transformation of Personal Jurisdiction
- 21 Notice and the Narratives of Court Access
- 22 Subject Matter Jurisdiction: The Interests of Power and the Power of Interests
- 23 Jurisprudence and Recommendations for Tribal Court Authority Due to Imposition of US Limitations
- 24 How Jurisdiction-Channeling Erodes Rights
- 25 Procedural Barriers to the Use of Title IX as a Defense for Transgender Students in State Juvenile Justice Proceedings
- Part IV The Process of Litigation
- 26 Pleading and Antiracism
- 27 The Master of the Complaint? Pleadings in Our Inegalitarian Age
- 28 Undocumented Civil Procedure
- 29 Privilege and Voice in Discovery
- 30 Civil Rights Summarily Denied Race, Evidence, and Summary Judgment in Police Brutality Cases
- 31 Gender and Summary Judgment
- 32 Summary Judgment, Factfinding, and Juries
- 33 The Disparate Racial Impacts of Color-Blind Juror Eligibility Requirements
- Part V Litigation and Arbitration
- 34 The Power of Narrative Through Intervention in Affirmative Action Cases
- 35 Class Actions and the “Day in Court” Ideal Class Actions as Collective Power Against Subordination
- 36 Reinvigorating Commonality: Gender and Class Actions
- 37 Critical Procedure: Alternative Dispute Resolution and the Justices’ “Second Wave” Constriction of Court Access and Claim Development
- 38 Reconsidering Prejudice in Alternative Dispute Resolution for Black Work Matters
- 39 When Forum Determines Rights Forced Arbitration of Discrimination Claims
- Acknowledgments
- About the Editors
- About the Contributors
- Index