When, if ever, should foreign citizens be included as members of American class actions? The question is not a new one. Judge Friendly first raised it thirty-five years ago in Bersch v. Drexel Firestone, Inc. Since Bersch, courts have tied the answer to res judicata and the recognition of judgments:… Read More »
Justice Louis Brandeis once wrote, “The reason the public thinks so much of the Justices of the Supreme Court is that they are almost the only people in Washington who do their own work.” It is remarkable to think that each year, each justice is responsible for evaluating over seven… Read More »
Legal scholarship has been under sharp attack, particularly when it comes to the role some believe it should play in support of the legal profession. In recent remarks, Chief Justice John Roberts explained that he does not pay much attention to it, reportedly stating that legal scholarship is not “particularly… Read More »
According to legends dating back to the Renaissance, the ermine would rather die than soil its pristine white coat. The ermine so came to symbolize purity, and English judges adopted this symbol by adorning their robes with ermine fur. For their part, American judges took a more ermine-friendly approach, dispensing… Read More »
This Article seeks to develop a theory of the best timing of legal decisions that is independent of questions about which individuals or institutions should make those decisions. In doing so, it analyzes law as a productive enterprise. Like any productive enterprise, law seeks to obtain necessary inputs at the… Read More »
Introduction
In my Note, I propose an alternative to the presidential signing statement that has been hotly debated in the literature in recent years. By re-examining an often-forgotten constitutional method for enacting laws, I conclude that when the President has certain doubts about the constitutionality of a bill Congress has… Read More »
I. Introduction
Research into employment discrimination litigation intensified in the early 1990s as such litigation began to account for an increasingly large part of the federal docket. Employment discrimination cases rose as a percentage of the federal docket until reaching a peak of about 10% in 2001. Since then, this… Read More »
When, if ever, should foreign citizens be included as members of American class actions? The question is not a new one. Judge Friendly first raised it thirty-five years ago in Bersch v. Drexel Firestone, Inc. Since Bersch, courts have tied the answer to res judicata and the recognition of judgments:… Read More »
In Snyder v. Louisiana, the Supreme Court reaffirmed its commitment to rooting out racially discriminatory jury selection and its belief that the three-step framework established in Batson v. Kentucky is capable of unearthing racially discriminatory peremptory strikes. Yet, the Court left in place the talismanic protection available to those who might misuse the peremptory challenge— the unbounded collection of justifications that courts, including the Supreme Court, accept as “race-neutral.” Read More »
In his 1993 Nobel Laureate lecture, the leading theorist of institutional economics, Douglass North, emphasized the relevance of his life’s work for economic development policy. Twenty years prior, in his book authored with Robert Thomas and titled The Rise of the Western World, North laid out the theoretical connection between… Read More »