A Guide to Civil Procedure : Integrating Critical Legal Perspectives

Despite the impact that civil procedure has on marginalized people, discussions of systemic inequality are frequently viewed as beyond the scope of law-school courses on the subject—a detour from supposedly neutral black-letter law. But it is not possible to fully understand or fairly apply procedural rules without awareness of the potential impact of those rules on vulnerable members of our communities. Considerations of equity and justice belong at the center of the study and application of civil procedure—and at the center of the promulgation and interpretation of procedural law by judges, scholars, and rule makers. Indeed, the very perception of these issues as marginal to civil procedure perpetuates exclusion. This book represents our efforts, and the efforts of our contributors, to center questions of inequality in the teaching, learning, and practice of civil procedure. The chapters represent voices of a diverse group of scholars that includes longtime leaders in the field as well as new voices. The contributions draw on a range of literatures—from critical theory to social science, from doctrinal examination to empirical analysis. The critical perspectives expressed are diverse as our authors and subjects. And the chapters take on many different procedural topics. But the authors, through the subjects they address, share an overarching goal: to shine a light on the ways in which civil procedure may privilege—or silence—voices in U.S. courts. Each chapter shows how the seemingly dry and technocratic tone of the Federal Rules of Civil Procedure and the litigation process may conceal—or perpetuate—apathy, injustice, brutality, poverty, abuse of power, or discrimination. Shines a light on the ways in which civil procedure may privilege—or silence—voices in our justice system In 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. "This book represents our efforts, and the efforts of our contributors, to center questions of inequality in the teaching, learning, and practice of civil procedure by shining a light on the ways in which civil procedure may privilege-or silence-voices in our courts"-- Provided by publisher