Cohesive Class Actions
The Rule 23(b)(2) class action has taken many forms since it was added to the Federal Rules in 1966. At… Continue reading →
Issue 2
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The Exception Is the Rule
The 1988 Supreme Court decision Department of Navy v. Egan created a bar on judicial review of security-clearance determinations. Today,… Continue reading →
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Conflicts of Law and the Abortion War Between the States
On the subject of abortion, the so-called “United” States of America are becoming more disunited than ever. The U.S. Supreme… Continue reading →
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False Analogies to Predatory Pricing
“We are living in the age of the false, and often shameless, analogy . . . . [Analogies’] weakness is… Continue reading →
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Terms of Service and Fourth Amendment Rights
Almost everything you do on the Internet is governed by Terms of Service. The language in Terms of Service typically… Continue reading →