Law Commons^™

Armageddon Through Aggregation: The Use And Abuse Of Class Actions In International Dispute Resolution, Richard O. Faulk

Richard Faulk

A troubling and dangerous phenomenon has emerged onto the international litigation landscape. The system of justice understood and appreciated by citizens in most democratic states — one which guarantees individual plaintiffs and defendants their “day in court” — is increasingly being sidestepped by procedural rules that allow entrepreneurial lawyers to aggregate claims into massive controversies that are, for all practical purposes, untriable. Although these enormous cases arise in varying formats, they share a single intimidating characteristic: the designed imposition of enormous and intolerable risks which defendants cannot prudently accept by insisting on their “day in court” in a jury trial. …

The World Trade Organization Under Challenge: Democracy And The Law And Politics Of The Wto's Treatment Of Trade And Environmental Matters, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

A Truism That Isn't True? The Tenth Amendment And Executive War Power, D. A. Jeremy Telman

D. A. Jeremy Telman

The Tenth Amendment is invoked whenever congressional powers threaten the independent law-making power of the several states. In that context, however, the Tenth Amendment does not tell us very much. After all, if powers are not delegated to the federal government, where else would they go but to the states? Accordingly, the Supreme Court has dismissed the Amendment as a truism.

Although the Amendment is only deployed as a rather ineffectual check on congressional authority, it clearly applies to all branches of the federal government. However, according to the theory of inherent executive authority, certain powers are unique to the …