Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Civil procedure (3)
- Constitutional law (2)
- Legal history (2)
- Trump administration (2)
- Article III courts (1)
-
- Class action (1)
- Class actions (1)
- Congress (1)
- Constitution (1)
- Discrimination (1)
- Federal courts (1)
- Immigration law (1)
- Judicial power (1)
- Judicial process (1)
- Labor law (1)
- Litigation (1)
- National injunction (1)
- National injunctions (1)
- Nationwide injunction (1)
- Nationwide injunctions (1)
- Obama administration (1)
- Private enforcement of federal rights (1)
- Remedies (1)
- Rule 23 (1)
- Rule 23(b)(2) (1)
- Supreme Court (1)
- United States Supreme Court (1)
- Universal injunction (1)
Articles 1 - 4 of 4
Full-Text Articles in Legal History
Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement, Suzette M. Malveaux
Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement, Suzette M. Malveaux
Publications
No abstract provided.
Foreword, National Injunctions: What Does The Future Hold?, Suzette Malveaux
Foreword, National Injunctions: What Does The Future Hold?, Suzette Malveaux
Publications
This Foreword is to the 27th Annual Ira C. Rothgerber Jr. Conference, National Injunctions: What Does the Future Hold?, which was hosted by The Byron R. White Center for the Study of American Constitutional Law at the University of Colorado Law School, on Apr. 5, 2019.
The Modern Class Action Rule: Its Civil Rights Roots And Relevance Today, Suzette M. Malveaux
The Modern Class Action Rule: Its Civil Rights Roots And Relevance Today, Suzette M. Malveaux
Publications
The modern class action rule recently turned fifty years old — a golden anniversary. However, this milestone is marred by an increase in hate crimes, violence and discrimination. Ironically, the rule is marking its anniversary within a similarly tumultuous environment as its birth — the civil rights movement of the 1960’s. This irony calls into question whether this critical aggregation device is functioning as the drafters intended. This article makes three contributions.
First, the article unearths the rule’s rich history, revealing how the rule was designed in 1966 to enable structural reform and broad injunctive relief in civil rights cases. …
Class Actions, Civil Rights, And The National Injunction, Suzette M. Malveaux
Class Actions, Civil Rights, And The National Injunction, Suzette M. Malveaux
Publications
This essay is a response to Professor Samuel Bray’s article proposing a blanket prohibition against injunctions that enjoin a defendant’s conduct with respect to nonparties. He argues that national injunctions are illegitimate under Article III and traditional equity and result in a number of difficulties.
This Response argues, from a normative lens, that Bray’s proposed ban on national injunctions should be rejected. Such a bright-line rule against national injunctions is too blunt an instrument to address the complexity of our tripartite system of government, our pluralistic society and our democracy. Although national injunctions may be imperfect and crude forms of …