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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Class Action Notice in the Digital Age
Technology is advancing dramatically each year, reshaping our society in the process. Despite these rapid changes, however, many federal courts… Continue reading →
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Improving the Patent System by Encouraging Intentional Infringement: The Beneficial Use Standard of Patents
With the growing importance of intellectual property in the global economy, “patent infringement” has become a dirty phrase for patentees… Continue reading →
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On Mandatory Labeling, with Special Reference to Genetically Modified Foods
As a result of movements for labeling food with genetically modified organisms (GMOs), Congress enacted a mandatory labeling requirement in… Continue reading →