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Civil Rights Procedural Problems, Carl W. Tobias
Civil Rights Procedural Problems, Carl W. Tobias
Law Faculty Publications
Congress passed the Civil Rights Act of 1991 primarily to modify numerous Supreme Court opinions of the 1988 Term that jeopardized the rights of minorities and women. Particularly striking about those Supreme Court cases was the number which involved procedural questions and process values. These included the timing of litigation, both when employment discrimination victims must commence actions and when non-parties can reopen civil rights cases resolved through consent decrees; litigant responsibility for the expense of lawsuits; and proof requirements.
Most of the procedural developments in civil rights and employment discrimination litigation of the 1988 Term, however, were only recent …