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Full-Text Articles in Law
Reinvigorating Commonality: Gender And Class Actions, Brooke D. Coleman, Elizabeth G. Porter
Reinvigorating Commonality: Gender And Class Actions, Brooke D. Coleman, Elizabeth G. Porter
Articles
In this Article, we examine the interplay of Rule 23(b)(2) class actions, feminism, and Title VII sex discrimination doctrine over the past fifty years to show that the theoretical concept of commonality—cohesion, unity—in the women’s movement has had a significant impact on the ability of women to seek collective redress for workplace discrimination through class actions. We describe how the four "waves” of feminism since the 1960s find corresponding analogues in the development of Title VII class action law. Beginning in the civil rights era, feminism became an entrenched part of mainstream America Over time, however, feminism’s influence waned as …
Changing Course, Sergio J. Campos
U.S. Discovery In A Transnational And Digital Age And The Increasing Need For Comparative Analysis, Vivian Grosswald Curran
U.S. Discovery In A Transnational And Digital Age And The Increasing Need For Comparative Analysis, Vivian Grosswald Curran
Articles
U.S. Courts generally prefer applying the Federal Rules of Civil Procedure over The Hague Evidence Convention for the taking of documentary evidence located abroad. With respect to the French blocking statute with which the Supreme Court was dealing in the seminal case of Aérospatiale, and under the powerful influence of stare decisis, a line of cases developed dismissing the French blocking statute for having been intended by its legislature principally to thwart the sovereignty of the U.S. trial court, and never having been intended to be enforced. Criteria for the general assessment of blocking statutes have emerged from the courts’ …