‘Endangered Claims: How the US Civil Procedure System Mimics the Wild’

Brooke D Coleman, ‘Endangered Claims’, 63 William and Mary Law Review 345 (2021). This season I was captured by an article offering a new lens to analyze the precarious state of consumer, employment discrimination, civil rights, and other substantive claims in the US civil litigation system. Brooke Coleman’s ‘Endangered Claims’ reminds the reader to consider how such rights – increasingly vulnerable to obstructionist policies and decisions by the federal rule makers, the Supreme Court, and Congress – fare in an ecosystem that favors the privileged. Coleman analogizes claims and claimants in the court system to endangered species who must adapt, migrate, or suffer extinction in a Darwinian world driven by ‘survival of the fittest’ … (more)

[Suzette M Malveaux, JOTWELL, 10 June]

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