Structure and Value in the Common Law
Common law concepts have fallen into disrepute among legal theorists. The rise of Legal Realism in the early twentieth century… Continue reading →
Issue 5
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Helping Buyers Beware: The Need for Supervision of Big Retail
Since the 2008 financial crisis, consumer regulators have closely supervised sellers of credit cards and home mortgages to stamp out… Continue reading →
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Presidential Settlements
Large groups regularly turn to the White House to resolve complex disputes collectively, much like a class action. These presidential… Continue reading →
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Modernizing Class Action Cy Pres Through Democratic Inputs: A Return to Cy Pres Comme Possible
Forty-five years ago, the ancient doctrine of “cy pres” was lifted from the pages of trust law and applied, for… Continue reading →
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Prohibiting Sexual Orientation Discrimination in Public Accommodations: A Common Law Approach
Although forty-five states have enacted statutes prohibiting discrimination in so-called “public accommodations”—broadly defined as those businesses offering “lodging, food, entertainment,… Continue reading →