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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 →
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Pandora’s Digital Box: The Promise and Perils of Digital Wallets
Digital wallets, such as ApplePay and Google Pay, are smart payment devices that can integrate payments with two‐way, realtime communications… Continue reading →
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Will Tax Reform Be Stable?
Stability is essential to any reform’s success, yet it is hardly guaranteed. This is particularly true in tax policy, where… Continue reading →
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Independent Directors and Controlling Shareholders
Independent directors are an important feature of modern corporate law. Courts and lawmakers around the world increasingly rely on these… Continue reading →
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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 →
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Jacobins at Justice: The (Failed) Class Action Revolution of 1978 and the Puzzle of American Procedural Economy
In 1978, top DOJ officials in the Carter Administration floated a revolutionary proposal that would have remade the consumer class… Continue reading →
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The Short Life and Long Afterlife of the Mass Tort Class Action
Modern class action litigation began in 1966, when the Federal Civil Rules Advisory Committee completed a revolutionary set of revisions… Continue reading →