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Articles 1 - 3 of 3

Full-Text Articles in Law

Terminating Calder: "Effects" Based Jurisdiction In The Ninth Circuit After Schwarzenegger V. Fred Martin Motor Co., A. Benjamin Spencer Jan 2006

Terminating Calder: "Effects" Based Jurisdiction In The Ninth Circuit After Schwarzenegger V. Fred Martin Motor Co., A. Benjamin Spencer

Scholarly Articles

None available.


Burda Media, Inc. V. Viertel, Aaron F. Miner Jan 2006

Burda Media, Inc. V. Viertel, Aaron F. Miner

NYLS Law Review

No abstract provided.


What The Shutts Opt-Out Right Is And What It Ought To Be, Brian Wolfman, Alan B. Morrison Jan 2006

What The Shutts Opt-Out Right Is And What It Ought To Be, Brian Wolfman, Alan B. Morrison

Georgetown Law Faculty Publications and Other Works

This article discusses the ramifications of the U.S. Supreme Court's decision in Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985), regarding the right of an absent class member to opt out of a class action. The article addresses both the current prevailing understanding of Shutts, which is based on the personal jurisdiction strain of due process jurisprudence, and what the authors believe is a more useful understanding, based on the property rights strain of due process jurisprudence. As an addendum to the article, the authors propose a new civil procedure rule governing class actions that would ...