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Procedure, Inequality, and Access

Civil procedure is political economy all the way down. Helen Hershkoff, Luke Norris, and Judith Resnik kick off a symposium on the subject by describing the promise of procedure to further equal treatment and accountable decision-making, as well as how such aspirations are undercut by resource disparities and efforts to replace the use of courts with private arbitration.

The Oligarchic Courthouse

Subject matter jurisdiction isn't the dry, technical topic you think it is! Two civil procedure scholars argue that jurisdiction battles are central to corporate efforts to slant litigation and enforcement in service of corporate actors.

Procedural Political Economy

Civil procedure is the infrastructure of democracy, allowing the public to interpret, elaborate, and entrench constitutional-regulatory commitments over time. Rather than sidelining courts entirely, a revival of the democracy-of-opportunity tradition should include a progressive vision of procedure.