Add to ORKGHow well do procedural doctrines attend to present-day economic inequality? This Essay examines that question through the lens of three doctrinal areas: the “irreparable harm” prong of the preliminary injunction standard, the requirement that discovery must be proportional to the needs of the case, and the due process rights of class members in actions for injunctive relief. It concludes that in each of those areas, courts and commentators could do more to take economic inequality into account
Fairness is a foundational concept in American jurisprudence. Yet when evaluating our system of civ...
Despite the impact that civil procedure has on marginalized people, discussions of systemic inequali...
This Article contends that these autonomy-based defenses of the standard conception cannot withstand...
How well do procedural doctrines attend to present-day economic inequality? This Essay examines that...
This Article offers extensive background on the development and eventual merger of the regimes of la...
This Article uses the history of procedural rules governing “freedom suits” to elucidate the collect...
This brief chapter surveys some of the economic literature concerning the instrumental costs of mate...
Increasingly, constitutional litigation challenging wealth inequality focuses on the intersection of...
I am very happy to be here because I have been very interested throughout my career in state courts ...
For the past several decades, much American lawmaking has been animated by a concern for economic ef...
This essay takes a step toward building a story of economic class in U.S. constitutional law, as par...
As Parts I and II of this Essay elaborate, the examination yields three observations of relevance to...
A series of changes within civil procedure over the past few decades—including the rise of private a...
This Article argues that poverty and income inequality issues should be taught in a constitutional l...
Rules of civil procedure presuppose a level playing field where litigants havestructured opportuniti...
Fairness is a foundational concept in American jurisprudence. Yet when evaluating our system of civ...
Despite the impact that civil procedure has on marginalized people, discussions of systemic inequali...
This Article contends that these autonomy-based defenses of the standard conception cannot withstand...
How well do procedural doctrines attend to present-day economic inequality? This Essay examines that...
This Article offers extensive background on the development and eventual merger of the regimes of la...
This Article uses the history of procedural rules governing “freedom suits” to elucidate the collect...
This brief chapter surveys some of the economic literature concerning the instrumental costs of mate...
Increasingly, constitutional litigation challenging wealth inequality focuses on the intersection of...
I am very happy to be here because I have been very interested throughout my career in state courts ...
For the past several decades, much American lawmaking has been animated by a concern for economic ef...
This essay takes a step toward building a story of economic class in U.S. constitutional law, as par...
As Parts I and II of this Essay elaborate, the examination yields three observations of relevance to...
A series of changes within civil procedure over the past few decades—including the rise of private a...
This Article argues that poverty and income inequality issues should be taught in a constitutional l...
Rules of civil procedure presuppose a level playing field where litigants havestructured opportuniti...
Fairness is a foundational concept in American jurisprudence. Yet when evaluating our system of civ...
Despite the impact that civil procedure has on marginalized people, discussions of systemic inequali...
This Article contends that these autonomy-based defenses of the standard conception cannot withstand...