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Closing the Courthouse Doors

By Erwin Chemerinsky

Not only have recent U.S. Supreme Court decisions created substantial obstacles to civil rights litigation, but, more perniciously, most of the Rehnquist Court's civil rights cases show a profound disrespect for the importance of the availability of the judicial process to injured individuals. The consistent theme that unites these recent decisions is how they close the courthouse doors to those whose rights have been violated. Although there are no easy solutions, there are avenues for reopening the courthouse doors to civil rights litigants.

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