Response to Joan Steinman, Waiving Removal, Waiving Remand—The Hidden and Unequal Dangers of Participating in Litigation
Abstract
Professor Steinman’s treatment of the disparities in removal and remand law is sobering and deserves careful consideration by law makers. We want to add our voice to her analysis by adding some additional context and perspective on some of the difficulties that accompany removal law. To that end, we offer three examples of how removal law incentivizes defendants to continually find creative, if not dubious, ways to gain access to the federal forum. We refer to these as examples of wrongful removal, by which we mean that all of these are examples in which defendants have invoked arguments to gain access to the federal forum that were—or, still are—highly questionable. Although sound policy reform should never be informed by anecdote, we believe that individual stories are often a very effective way to draw attention to a problem and the need for reform.
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