Exploring the interpretation and application of procedural rules: The problem of implicit and institutional racial bias

Modern American civil procedure seeks to be clear, fair, and rational. The goal of the Federal Rules of Civil Procedure, the centerpiece of modern procedural reform, was to eliminate arcane technicalities and get to the substantive issues. Consequently, the original drafters sought to streamline ple...

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Bibliographic Details
Published in:University of Pennsylvania law review 2021-08, Vol.169 (8), p.2583-2641
Main Author: Purcell, Edward A
Format: Article
Language:English
Subjects:
Civil procedure
Influence
Management
Psychological aspects
Race discrimination
Racism
Remedies
Set (Psychology)
Social aspects
United States. Supreme Court
Online Access:Get full text
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Summary:Modern American civil procedure seeks to be clear, fair, and rational. The goal of the Federal Rules of Civil Procedure, the centerpiece of modern procedural reform, was to eliminate arcane technicalities and get to the substantive issues. Consequently, the original drafters sought to streamline pleading, ensure the presence of properly interested parties, gather all the relevant facts, and enable courts to make well-founded decisions on the merits.
ISSN:0041-9907