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1999

Boston College Law School

Constitutional Law

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Rule 11 Studies And Civil Rights Cases: An Inquiry Into The Neutrality Of Procedural Rules, Mark Spiegel Jan 1999

Rule 11 Studies And Civil Rights Cases: An Inquiry Into The Neutrality Of Procedural Rules, Mark Spiegel

Boston College Law School Faculty Papers

In this article the author discusses the impact of the 1983 amendments of the Federal Rules of Civil Procedure to Rule 11. The Article explores the claim that the 1983 amendments had a disproportionate impact upon civil rights cases, thereby violating the norm of procedural neutrality. In Section I, the author argues that one of the central meanings of procedural neutrality is closely related to the argument that procedural rules should be apolitical. In Section II, the author examines what the studies of Rule 11 reveal about the effect of the 1983 version upon civil rights claims. The author then ...