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