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Federal Rules of Private Enforcement
Get PDFThe Federal Rules of Civil Procedure were made for a different world. Fast approaching their hundredth anniversary, the Rules reflect the state of litigation in the first few decades of the twentieth century and the then-prevailing distinction between substantive rights and the procedure used to adjudicate them. The role of procedure, the rulemakers believed, was to resolve private disputes fairly and efficiently. Today, a substantial portion of litigation in federal court is brought under regulatory statutes that deploy private lawsuits to enforce public regulatory policy. This type of litigation, which scholars refer to as private enforcement, is the engine for statutory regimes governing the workplace, the consumer economy, securities markets, the environment, civil rights, and more. Yet while the nature of federal court litigation has changed dramatically in the decades since the Rules were first promulgated, the Rules and the institutions through which they are made never adapted. The Rules thus perform a role--providing the infrastructure for a litigation landscape dominated by private enforcement--far different from the one they initially performed.This Article unearths the history of how the Federal Rules of Civil Procedure became federal rules of private enforcement but were never adapted for their new task. It then explores how that transformation challenges foundational assumptions of federal civil procedure. In delegating authority to prescribe general rules of practice and procedure, Congress does not only charge the judiciary with making rules to resolve disputes, but also with making rules that enable privately enforced regulatory regimes to function. The Rules and the court rulemaking process, however, continue to be driven by assumptions inherited from the founding era of federal court rulemaking. We trace how the disconnect between the Rules\u27 original design and their modern function explains many of the most significant pathologies in federal court rulemaking today. We further argue that acknowledging this disconnect--and rethinking the Rules to support their private enforcement function--points the way to a reinvigorated rulemaking system for the modern litigation state. By recasting the relationship between the Rules and private enforcement, our account supplies fresh rationales for court rulemaking, sheds new light on the functions today\u27s rulemakers perform, and justifies reforms that would align the rulemaking process and the Rules themselves with the laws they enforce. This Article thus seeks to update the Federal Rules of Civil Procedure in light of the function they have taken on in the near-century since they came into effect--and, in doing so, seeks to make them a modern, enduring achievement
Growth mindsets of people can promote interracial contact intentions among White Americans via positive expectations and reduced anxiety.
No full textWe explored whether believing that people have the capacity to adapt and grow (i.e., growth mindset) might help to shape White Americans’ intentions to engage in interracial contact. Across four studies (N = 621), growth mindsets of people were positively associated with intentions to engage in positive interracial contact. In Studies 2–4, in an attempt to explore causation, we successfully manipulated mindsets. Although these manipulations did not robustly predict interracial contact intentions, they did indirectly predict contact intentions through self-reported growth mindsets. In Studies 3–4, the growth mindset experimental condition also indirectly and serially predicted more positive interracial contact intentions through positive expectations and lower levels of intergroup anxiety. This work makes both theoretical and practical advances in the effort to encourage White Americans to engage in positive interracial contact
Limited Access, Affordability Lead National Push For ‘Out Of School Time’ Programs
No full textThriving Out of School Time programs serve the unique needs of a region. They are in high demand for families but access, availability, and affordability are challenges
Acknowledgments
Get PDFThe University of Richmond Law Review is honored to present its 2023 Symposium Issue: Overlooked America: Addressing Legal Issues Facing Rural United States. Each year, the University of Richmond Law Review hosts a Symposium for scholars and practitioners to engage with a specific area of law. In a time when our country seems more divided than ever, discussions surrounding law and policy frequently diverge not just on political lines, but on regional lines as well. Rural regions of the United States are routinely evoked in the political sphere, but rarely are the problems and disparities that exist in rural America appropriately addressed by policymakers, media outlets, and scholarly sources alike. This year’s Symposium aimed to explore these underrepresented and misunderstood regions to foster inclusion of rural communities, peoples, and issues in legal scholarship
Those Who Need the Most, Get the Least: The Challenge of, and Opportunity for Helping Rural Virginia
Get PDFRural America, as has been well documented, faces many challenges. Businesses and people are migrating to more urban and suburban regions. The extraction and agricultural economies that once helped them thrive—mining, tobacco, textiles—are dying. And, as we discuss below, residents of rural communities tend to be older, poorer, less credentialed in terms of their education, less healthy, and declining in population.
On a regular basis, political leaders on both sides of the aisle, and on national and state levels, make commitments to rural areas to help improve the quality of life for residents, to listen, and to help. Even with all the attention, many challenges remain, leading policy makers to ask: How can we help our rural communities?
In this Article we try to answer that question by looking specifically at the Commonwealth of Virginia, a state whose rural residents suffer disproportionately worse life outcomes than their counterparts in other parts of the state. While it is true, as we will show, that state leaders have paid attention to these challenges, it is equally true that many of the challenges facing rural Virginians persist
A Call for Change: Doing More to Protect Black and Brown Victims of Domestic Violence
Get PDFDomestic violence (“DV”) disproportionately affects Black and Brownwomen. This article examines the tense history of law enforcementengagement with minority groups, which has caused a strain on thatrelationship, leaving minority groups more likely to choose to stay in theirDV situations than seek out law enforcement help. The divide still impactsthese groups today. Additionally, the article highlights several organizationsthat have formed to address the needs of minority individuals. Otherorganizations have been around, but their ties to law enforcement create anadded barrier for Black and Brown women seeking protection. The articleconcludes by briefly examining the American Rescue Plan Act which waspassed in 2020 and provides funds to create more culturally specificorganizations and programs. This article specifically focuses on women, butthe author acknowledges that people of all genders experience domesticviolence