Class Actions and the Counterrevolution Against Federal Litigation
“To a hammer, everything looks like a nail. And to a Court bent on diminishing the usefulness of Rule 23,… Continue reading →
“To a hammer, everything looks like a nail. And to a Court bent on diminishing the usefulness of Rule 23,… Continue reading →
In 1978, top DOJ officials in the Carter Administration floated a revolutionary proposal that would have remade the consumer class… Continue reading →
Police agencies should be governed by the same administrative principles that govern other agencies. This simple precept would have significant… Continue reading →
This Article follows the path of a hypothetical college football player with aspirations to play in the National Football League,… Continue reading →
Imagine you purchase a new book from Amazon. You visit Amazon.com, find a book that looks promising, click the familiar… Continue reading →
For much of the nineteenth and early twentieth centuries, the nondelegation doctrine served as a robust check on governmental expansion.… Continue reading →
The common law style of judging appears to be on its way out. Trial courts rarely shape legal policymaking by… Continue reading →
This Article offers a new perspective on Presidents’ use of signing statements. Following the dichotomy reflected in the literature, I… Continue reading →
In simple but delphic terms, the Take Care Clause states that the President “shall take Care that the Laws be… Continue reading →
The continuing debate over the President’s directive authority is but one of the many separation‐of‐powers issues that have confronted courts,… Continue reading →