Rules of civil procedure have been examined extensively for their intended and unintended effects on case outcomes. Little attention, however, has been given to Federal Rule of Civil Procedure 52(a) (Rule 52(a))-its clear error standard of review-and how appellate courts apply or avoid it when examining substantive legal doctrine. Specifically, when confronted with cases involving actual malice and intentional race discrimination determinations, courts take markedly different approaches. While demanding a full reevaluation of facts in the actual malice context, appellate courts invariably apply the far more deferential clear error standard to a trial court's factual findings regarding intentional race discrimination. This inconsistent approach between intentional race discrimination and actual malice findings is neither doctrinally sound nor institutionally defensible.
The export option will allow you to export the current search results of the entered query to a file. Different
formats are available for download. To export the items, click on the button corresponding with the preferred download format.
By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.
To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export.
The amount of items that can be exported at once is similarly restricted as the full export.
After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.