‘Procedural Law, the Supreme Court, and the Erosion of Private Rights Enforcement’

Stephen B Burbank and Sean Farhang, Rights and Retrenchment in the Trump Era, 87 Fordham Law Review 37 (2018). A slow, insidious creep of procedural law has been systematically eroding the private rights enforcement regime. For years, many of us proceduralists have sounded a clarion call over this unrelenting, incremental attack on private enforcement of substantive rights. Rights and Retrenchment in the Trump Era by Stephen Burbank and Sean Farhang unpacks this troubling phenomenon and offers us a cogent way for understanding how we got here. Burbank and Farhang do an excellent job of unearthing the history and future prospects of this entrenchment, illuminating through archival research, data, and theory how various institutions have taken a swipe at private enforcement … (more)

[Suzette M Malveaux, JOTWELL, 9 January]

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