Discusses the construction of race in law and litigation through analysis of Ariela J. Gross’s book, “What Blood Won’t Tell: A History of Race on Trial in America” which follows the story an undocumented Haitian immigrant, who faces hardships within the American legal system.

This comment discusses how slavery reparation lawsuits are good case studies to teach class actions to incoming 1L students. Reparation class actions allow people to further a movement, provide a voice to individuals, and educate the public.

The difference in treatment between federal criminal and civil justice procedures provides new and valuable insight into the systemic racism and classism found in U.S. law.

This comment discusses the discrepancy of access to civil justice between lower socioeconomic and minority groups and those with higher income by relying on extensive empirical data. The comment also focuses on how the lack of trust in the legal system is a key explanation for racial differences in using civil court remedies.

This article emphasizes the impact civil procedure has on social justice issues, ranging from fair compensation to victims of mass torts to the underpinnings of the system of trial by jury.

This article discusses the significance of Hansberry v. Lee where the Supreme Court held that if a party is not adequately represented in a class action, res judicata is not binding on that party. This case helped end racially discriminatory housing covenants in the city of Chicago.

This article highlights the difficulty claimants face when bringing an employment discrimination claim because of FRCP 8’s pleading requirement and high bar to survive dismissal.

This article discusses two studies that analyze 1) whether Iqbal has led to an increased dismissal rate for black plaintiffs’ claims of race discrimination in the workplace and 2) do white and black judges decide motions to dismiss differently under Iqbal. Both studies support the conclusion that the new pleading standard has created adverse racism, implicit bias, and other negative effects on minorities who assert claims of discrimination.

This article examines the relationship between procedure and substance and between the rules of civil procedure and civil rights litigation. Specifically, the article focuses on FRCP Rule 15(c), and current requirements for relation back, and the way in which courts have approached the meaning of the word "mistake".

This article discusses state court bias against out-of-state parties.

The article discusses the differences between explicit, implicit, and structural forms of bias and provides strategies to prevent these bias, including changing procedures for choosing judges and juries.

This article discusses unconscious psychological phenomena that can lead to flawed reasoning, implicit bias, and culturally influenced perceptionsby judges.

This article argues that the lack of diversity within the FRCP committee limits the quality of the rules produced and perpetuates inequality. Although the FRCP are viewed as a simple set of technical rules, this article reveals that politics and biases influence how the FRCP committee members make rulemaking decisions.

The article focuses on a feminist perspective on procedural rules and the role women play within civil procedure.

The author discusses her vision of what total adoption of feminism throughout legal education.

This article discusses the relationship between feminism and procedure and focuses on the Violence Against Women Act as an example that links gender with jurisdiction.

The article analyzes the plausibility standard under FRCP Rule 8 through an employment discrimination case and highlights the difficulty for such cases to survive a motion to dismiss. The article proposes that jury trials would guarantee fair trials for employee discrimination cases because of the high standards imposed under Twombly and Iqbal.

Discusses FRCP 56 and examines its problematic application through a study of gender cases, describing how summary judgment rules impact cases involving gender. Under the trilogy of Supreme Court cases Matsushita, Liberty Lobby, and Celotex, the Supreme Court encouraged District Courts to grant summary judgment. This trend has had troubling consequences because as it has deprived litigants from obtaining jury trials.

This article discusses incorporating Indian law into traditional civil procedure classes, including tribal court jurisdiction and procedures.

This article analyzes how individual plaintiff employees are discriminated against during the litigation process, also known as the “Losers’ Rule”. Defendant employers are “repeat players” who have every incentive to settle strong cases and litigate the weak ones. The comment discusses how it is difficult for plaintiffs to prove implicit biases in the workforce during the Motion to Dismiss (FRCP 12) and Summary Judgement (FRCP 56) stages.

This essay argues that poverty and inequality should be incorporated into first-year civil procedure courses. According to the author, although rules based civil procedure seems like neutral territory, much of the discrimination in civil legal procedure stems from these technical rules.

This comment analyzes the value of incorporating a global perspective in first year law school courses.

The author recounts her efforts to integrate the history of the civil rights movement into civil procedure pedagogy.

This article discusses how the modern class action rule works with current issues of discrimination on the basis of race, religion, gender, immigrant status, and sexual orientation.

Panel discussion of racism and racial disparities in the administration of justice,
racial education programs for federal judges, and the disparities in sentencing for Black men in the U.S.,

How procedural litigation rules undermined plaintiff civil rights.