Volume 159 (2010-2011)
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Financial Industry Self-Regulation: Aspiration and Reality
In Financial Industry Self‐Regulation: Aspiration and Reality, Professor Schwarcz responds to Professor Omarova's recent article by applying the framework he… Continue reading →
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Fateful Bankers
In Fateful Bankers, Professor Zaring describes the strengths of Professor Omarova's article, that it does not overly rely on heavy‐handed… Continue reading →
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Guarding the Historical Record from the Nazi-Era Art Litigation Tumbling Toward the Supreme Court
This year, the Supreme Court is expected to review multiple cert petitions involving Nazi‐looted‐art litigation. Jennifer Anglim Kreder writes that… Continue reading →
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Class Certification’s Preclusive Effects
In September 2010, the Supreme Court granted certiorari in the controversial Baycol litigation. The central question will be whether, subsequent… Continue reading →
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Astrue v. Ratliff and the Death of Strong Purposivism
In Astrue v. Ratliff and the Death of Strong Purposivism, Frederick Liu argues that the Supreme Court's recent decision interpreting… Continue reading →
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Attorneys’ Fees and the Social Legitimacy of Class Actions
In Attorneys' Fees and the Social Legitimacy of Class Actions, Professor David Marcus responds to Brian Fitzpatrick's proposals in Do… Continue reading →
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Original Citizenship
In his Essay Original Citizenship, Josh Blackman asks what the Constitution means when it refers to “citizen[s] of the United… Continue reading →
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Weak Solutions to an Illusory Problem
In Weak Solutions to an Illusory Problem, Professor Steven Kaplan argues that the Bebchuk-Fried analysis is fundamentally flawed because it… Continue reading →