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Articles 1 - 7 of 7
Full-Text Articles in Law
Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew
Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew
Journal Articles
What is the current vitality of antitrust enforcement? Antitrust class actions—the primary mode of competition oversight—has weathered two decades of procedural reform. This Article documents the effects of those reforms. Relying on an original dataset of over 1300 antitrust class action settlements, this Article finds such cases alive but far from well. Certain suits do succeed on an impressive scale, returning billions of dollars to victims. But class action reform has made antitrust enforcement narrower, more time-consuming, and costlier than only a decade ago. And, as this Article’s sources reveal, new battle lines are forming. Across the political spectrum, people …
Trustee Liability For Breach Of Trust—Loss Or Profit, Or Loss And Profit?, Kenneth F. Joyce
Trustee Liability For Breach Of Trust—Loss Or Profit, Or Loss And Profit?, Kenneth F. Joyce
Journal Articles
No abstract provided.
The Model Penal Code, Mass Incarceration, And The Racialization Of American Criminal Law, Luis E. Chiesa
The Model Penal Code, Mass Incarceration, And The Racialization Of American Criminal Law, Luis E. Chiesa
Journal Articles
No abstract provided.
Statutory Constraints And Constitutional Decisionmaking, Anthony O'Rourke
Statutory Constraints And Constitutional Decisionmaking, Anthony O'Rourke
Journal Articles
Although constitutional scholars frequently analyze the relationships between courts and legislatures, they rarely examine the relationship between courts and statutes. This Article is the first to systematically examine how the presence or absence of a statute can influence constitutional doctrine. It analyzes pairs of cases that raise similar constitutional questions, but differ with respect to whether the court is reviewing the constitutionality of legislation. These case pairs suggest that statutes place significant constraints on constitutional decisionmaking. Specifically, in cases that involve a challenge to a statute, courts are less inclined to use doctrine to regulate the behavior of nonjudicial officials. …
A Reflection On Erisa Claims Administration And The Exhaustion Requirement, James A. Wooten
A Reflection On Erisa Claims Administration And The Exhaustion Requirement, James A. Wooten
Journal Articles
This essay, prepared in connection with the Drexel Law Review Symposium, ERISA at 40: What Were They Thinking?, examines ERISA’s regime for administering benefit claims and, in particular, the requirement that participants exhaust their plan’s review procedures before filing suit to recover benefits. Like other key elements of ERISA’s claims regime, the exhaustion requirement is a judicial creation that is not articulated in ERISA’s text. Interestingly, former congressional staffers who attended the Symposium said they assumed participants would be required to exhaust plan review procedures but failed to include such a requirement in the legislation. After reviewing the development of …
Environmental Certification Systems And U.S. Environmental Law: Closer Than You May Think, Errol E. Meidinger
Environmental Certification Systems And U.S. Environmental Law: Closer Than You May Think, Errol E. Meidinger
Journal Articles
Many industrial organizations are committing to achieve improved environmental performance through non-governmentally instituted environmental certification programs. Such programs typically define the environmental standards that firms must meet as well as the organizational mechanisms required to achieve and "certify" compliance. Well known examples include the chemical industry's "Responsible Care" program, the International Organization for Standardization's "ISO 14000" environmental management program, and the Forest Stewardship Council's well-managed forests program.
Because of their ostensibly private and voluntary nature, environmental certification programs are often presumed to be separate and distinct from law. In fact, however, they are deeply intertwined with law, and seem likely …
The Good Samaritan And Admiralty: A Parable Of A Statute Lost At Sea, Patrick J. Long
The Good Samaritan And Admiralty: A Parable Of A Statute Lost At Sea, Patrick J. Long
Journal Articles
No abstract provided.