The Power of Procedure: The Critical Role of Minority Intervention in the Wake of Ricci v. DeStefano

The Power of Procedure: The Critical Role of Minority Intervention in the Wake of Ricci v. DeStefano


Federal Rule of Civil Procedure (“FRCP”) 24(a)(2) permits third parties whose interests are not adequately represented by existing parties to intervene in ongoing litigation to protect those interests. This Comment considers whether intervention can and should be used as a tool for nonparty racial minorities in the fight for social justice. Ultimately, it posits that in light of the Civil Rights Act of 1991 and Ricci v. DeStefano, minority intervention is imperative- not only to give voice to minority interests and to influence the outcome of “reverse discrimination” litigation, but also to avoid forfeiture of related claims in future suits.

 

 

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