How well do procedural doctrines attend to present-day economic inequality? This Essay examines that question through the lens of three doctrinal areas: the “irreparable harm” prong of the preliminary injunction standard, the requirement that discovery must be proportional to the needs of the case, and the due process rights of class members in actions for injunctive relief. It concludes that in each of those areas, courts and commentators could do more to take economic inequality into account.
Carroll, Maureen. "Civil Procedure and Economic Inequality." DePaul L. Rev. 69, no. 2 (2020): 269-96.
Civil Procedure Commons, Legal Remedies Commons, Litigation Commons
Working paper version available at SSRN: https://ssrn.com/abstract=3613741