‘Recasting the Corporate Bias of Civil Procedure: A Neoliberal Theory’

Luke Norris, ‘Neoliberal Civil Procedure’, 12 UC Irvine Law Review (forthcoming, 2022), available at SSRN. In discussing federal rulemaking, civil procedure teachers have long pointed out prevailing norms of impartiality and neutrality. But most understand that the promise of neutral rules, as applied, often falls short of these aspirational goals. This realization prompts students to think beyond case outcomes and to reflect on the interests that courts serve by their judicial decisions. Commentators have analyzed the Court’s embedded political preferences, centering on the Court’s pro-corporate and anti-plaintiff bias that denies access to justice and ‘closes the courthouse doors’ … (more)

[Linda S Mullenix, JOTWELL, 20 October]

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