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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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Making Credit Safer
Oren Bar-Gill and Elizabeth Warren’s Making Credit Safer begins by noting that, while physical products, from toasters to toys, are… Continue reading →
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Immigration Law’s Organizing Principles
In his Article, Professor Cox questions the central principle of immigration law that rules for selecting immigrants are fundamentally different… 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 →
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Has the Erie Doctrine Been Repealed by Congress
The enactment of the Class Action Fairness Act of 2005 (CAFA) is a congressional pronouncement implying that the Erie Doctrine… Continue reading →
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CAFA’s Impact on Class Action Lawyers
Procedural reforms alter litigation options directly, but they alter the litigation landscape in more ways than reformers anticipate. Three years… Continue reading →
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Federal Jurisdiction and Due Process in the Era of the Nationwide Class Action
The class action has come of age in America. With increasing regularity, class litigation plays a central role in discussions… Continue reading →
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Procedure, Politics, Prediction, and Professors: A Response to Professors Burbank and Purcell
It is a daunting assignment to attempt to add something of merit to the work of Stephen Burbank and Edward… Continue reading →