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The River Runs Dry: When Title VI Trumps State Anti–Affirmative Action Laws
Opponents of affirmative action are waging a national battle over race‐conscious admissions through state ballot initiatives like California's Proposition 209,… Continue reading →
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Class Settlements Under Attack
Settlements dominate the landscape of class actions. The overwhelming majority of civil actions certified to proceed on a class-wide basis… Continue reading →
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The Role of Choice of Law in National Class Actions
A number of the papers in this Symposium on the impact of the Class Action Fairness Act of 2005 (CAFA)… Continue reading →
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Excluding Religion
Tebbe’s Article considers whether the government may single out religious actors and entities for exclusion from its support programs. The… Continue reading →
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Commentary On Class Settlements Under Attack
Like the supporters of the Class Action Fairness Act (CAFA), Issacharoff and Nagareda ground their proposal in the concept of… Continue reading →
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CAFA Judicata: A Tale of Waste and Politics
The Class Action Fairness Act (CAFA) has taken on its real form through construction by federal judges. That form emerges… Continue reading →
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The Class Action Fairness Act of 2005 in Historical Context: A Preliminary View
Jurisdictional legislation, like the law of procedure with which it tends to be grouped, can become disembodied from the political… Continue reading →