Delegating for Trust
Courts and legal observers have long been concerned by the scope of authority delegated to administrative agencies. The dominant explanation… Continue reading →
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Unorthodox Civil Procedure: Modern Multidistrict Litigation’s Place in the Textbook Understandings of Procedure
Multidistrict litigation (MDL) is unorthodox, modern civil procedure. It is an old‐but‐new procedural tool that significantly disrupts decades of worked‐out… Continue reading →
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“Vital” State Interests: From Representative Actions for Fair Labor Standards to Pooled Trusts, Class Actions, and MDLs in the Federal Courts
This Article maps the transformation of constitutional understandings of the forms of aggregation that due process permits by putting these… Continue reading →
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Incredible Women: Sexual Violence and the Credibility Discount
Credibility is central to the legal treatment of sexual violence, as epitomized by the iconic “he said/she said” contest. Over… Continue reading →