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Full-Text Articles in Law

Transnational Class Actions And The Illusory Search For Res Judicata, Tanya Monestier Nov 2011

Transnational Class Actions And The Illusory Search For Res Judicata, Tanya Monestier

Law Faculty Scholarship

The transnational class action-a class action in which a portion of the class consists of non-US claimants-is here to stay Defendants typically resist the certification of transnational class actions on the basis that such actions provide no assurance of finality for a defendant, as it will always be possible for a non-U.S. class member to initiate subsequent proceedings in a foreign court. In response to this concern, many U.S. courts will analyze whether the "home" courts of the foreign class members would accord res judicata effect to an eventual U.S. judgment prior to certifying a U.S. class action containing foreign …


Small Dollar Loans, Big Problems: How States Protect Consumers From Abuses And How The Federal Government Can Help, Leah A. Plunkett, Ana Lucia Hurtado Mar 2011

Small Dollar Loans, Big Problems: How States Protect Consumers From Abuses And How The Federal Government Can Help, Leah A. Plunkett, Ana Lucia Hurtado

Law Faculty Scholarship

Across America, drivers pass twice as many payday loan storefronts as Starbucks coffee shops.2 In twenty-nine states, there are more payday lender stores than McDonald’s restaurants.3 Numerous research studies warn of the dangers associated with payday loans, including significantly higher rates of bankruptcies, evictions, utility shut-offs, and involuntary bank account closures.4 Many states have recognized the dangers posed by payday and other types of small-dollar loans with predatory features, prompting them to adopt laws to combat the abusive nature of these loans. These laws, however, offer consumers varying degrees of protection.

Historically, states have used their police powers to protect …