UID:
almahu_9949481216102882
Umfang:
1 online resource :
,
12 b/w illustrations
ISBN:
9781479805945
,
9783110993899
Inhalt:
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 system. A Guide to Civil Procedure aims to serve as one such tool by centering questions of systemic injustice in the teaching, learning, and practice of civil procedure.Featuring an outstanding group of diverse scholars, the contributors illustrate how law school curriculums often ignore issues such as race, gender, disability, class, immigration status, and sexual orientation. Too often, students view the #MeToo movement, Black Lives Matter, immigration/citizenship controversy, or LGBTQ+ issues as mere footnotes to their legal education, often leading to the marginalization of many students and the production of graduates that do not view issues of systemic injustice as central to their profession.A Guide to Civil Procedure reveals how procedure is, and always has been, a central pressure point in the struggle to eradicate structural inequality and oppression through the courts. This book will give students and scholars alike a more complex view of their roles as attorneys, sharpen their litigation skills, and provide a stronger sense of community and purpose in the law school classroom.
Anmerkung:
Frontmatter --
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Contents --
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Why Procedure Is Critical, Constitutive, and Vulnerable: A Reconstruction Foreword --
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Introduction --
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Part I Theoretical Concepts in Civil Procedure --
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1 A Critical Perspective on Personal Jurisdiction Kulko v. Superior Court --
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2 Forging Fortuity Against Procedural Retrenchment: Developing a Critical Race Theoretical Account of Civil Procedure --
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3 Civil Procedure in the Shadow of Violence --
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4 Multiple Disadvantages: An Empirical Test of Intersectionality Theory in Equal Employment Opportunity Litigation --
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5 Orientalizing Procedure: Insiders and Outsiders in the Doctrine of Arbitration --
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6 Prisoner Procedure --
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7 The Benefits of Class Actions and the Increasing Threats to Their Viability --
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8 Disability Employment Class Actions --
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9 Procedure and Indian Children --
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Part II Institutional Anchors in Civil Procedure --
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10 The Ideal and the Actual in Procedural Due Process --
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11 The Restrictive Ethos in Civil Procedure --
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12 Losers' Rules --
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13 Disruptors and Disruptions: Re-centering Procedural Narrative --
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14 Class in Courts: Incomplete Equality's Challenges for the Legitimacy of Procedural Systems --
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15 Can a Gay Judge Judge a Gay Rights Case? Thoughts on Judicial Neutrality --
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16 (Un)Conscious Judging --
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17 When Law Forsakes the Poor --
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18 Doorways of Discretion: Psychological Science and the Legal Construction and Erasure of Racism --
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19 #SoWhiteMale Federal Civil Rulemaking --
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Part III Constitutional Procedure: Due Process and Jurisdiction --
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20 Building a Litigation Coalition: Business Interests and the Transformation of Personal Jurisdiction --
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21 Notice and the Narratives of Court Access --
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22 Subject Matter Jurisdiction: The Interests of Power and the Power of Interests --
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23 Jurisprudence and Recommendations for Tribal Court Authority Due to Imposition of US Limitations --
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24 How Jurisdiction-Channeling Erodes Rights --
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25 Procedural Barriers to the Use of Title IX as a Defense for Transgender Students in State Juvenile Justice Proceedings --
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Part IV The Process of Litigation --
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26 Pleading and Antiracism --
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27 The Master of the Complaint? Pleadings in Our Inegalitarian Age --
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28 Undocumented Civil Procedure --
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29 Privilege and Voice in Discovery --
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30 Civil Rights Summarily Denied Race, Evidence, and Summary Judgment in Police Brutality Cases --
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31 Gender and Summary Judgment --
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32 Summary Judgment, Factfinding, and Juries --
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33 The Disparate Racial Impacts of Color-Blind Juror Eligibility Requirements --
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Part V Litigation and Arbitration --
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34 The Power of Narrative Through Intervention in Affirmative Action Cases --
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35 Class Actions and the "Day in Court" Ideal Class Actions as Collective Power Against Subordination --
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36 Reinvigorating Commonality: Gender and Class Actions --
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37 Critical Procedure: Alternative Dispute Resolution and the Justices' "Second Wave" Constriction of Court Access and Claim Development --
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38 Reconsidering Prejudice in Alternative Dispute Resolution for Black Work Matters --
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39 When Forum Determines Rights Forced Arbitration of Discrimination Claims --
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Acknowledgments --
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About the Editors --
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About the Contributors --
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Index
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Mode of access: Internet via World Wide Web.
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In English.
In:
EBOOK PACKAGE COMPLETE 2022 English, De Gruyter, 9783110993899
In:
EBOOK PACKAGE COMPLETE 2022, De Gruyter, 9783110994810
In:
EBOOK PACKAGE Law 2022 English, De Gruyter, 9783110993004
In:
EBOOK PACKAGE Law 2022, De Gruyter, 9783110993011
In:
New York University Press Complete eBook-Package 2022, De Gruyter, 9783110751628
Sprache:
Englisch
DOI:
10.18574/nyu/9781479805945.001.0001
URL:
https://doi.org/10.18574/nyu/9781479805945.001.0001
URL:
https://www.degruyter.com/isbn/9781479805945
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