Incredible Women: Sexual Violence and the Credibility Discount
Credibility is central to the legal treatment of sexual violence, as epitomized by the iconic “he said/she said” contest. Over… Continue reading →
2017
-
-
Pandora’s Digital Box: The Promise and Perils of Digital Wallets
Digital wallets, such as ApplePay and Google Pay, are smart payment devices that can integrate payments with two‐way, realtime communications… Continue reading →
-
Tiers for the Establishment Clause
When compared with other constitutional doctrines, Establishment Clause doctrine is confused and anomalous, both substantively and with regard to standing.… Continue reading →
-
Class Actions and the Counterrevolution Against Federal Litigation
“To a hammer, everything looks like a nail. And to a Court bent on diminishing the usefulness of Rule 23,… Continue reading →
-
Priority Matters: Absolute Priority, Relative Priority, and the Costs of Bankruptcy
Chapter 11 of the Bankruptcy Code is organized around the absolute priority rule. This rule mandates the rank‐ordering of claims.… Continue reading →
-
Jacobins at Justice: The (Failed) Class Action Revolution of 1978 and the Puzzle of American Procedural Economy
In 1978, top DOJ officials in the Carter Administration floated a revolutionary proposal that would have remade the consumer class… Continue reading →
-
“A Radical Proposal”: The Multidistrict Litigation Act of 1968
One of the central stories in current procedural law is the recent and rapid ascendance of federal multidistrict litigation, or,… Continue reading →
-
The Short Life and Long Afterlife of the Mass Tort Class Action
Modern class action litigation began in 1966, when the Federal Civil Rules Advisory Committee completed a revolutionary set of revisions… Continue reading →
-
The Value of the Right to Exclude: An Empirical Assessment
Property theorists have long deemed the right to exclude as fundamental and essential for the efficient use and allocation of… Continue reading →
-