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Full-Text Articles in Law

Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton Oct 2015

Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton

Indiana Law Journal

The American class action is a procedural tool that advances substantive law values such as deterrence, compensation, and fairness. Opt-out class actions in particular achieve these goals by aggregating claims not only of active participants but also passive plaintiffs. Full faith and credit then extends the preclusive effect of class judgments to other U.S. courts. But there is no international full faith and credit obligation, and many foreign courts will not treat U.S. class judgments as binding on passive plaintiffs. Therefore, some plaintiffs may be able to wait until the U.S. class action is resolved before either joining the U.S. …


Federalism, Judicial Power And The "Arising Under" Jurisdiction Of The Federal Courts: A Hierarchical Analysis, Alan D. Hornstein Jul 1981

Federalism, Judicial Power And The "Arising Under" Jurisdiction Of The Federal Courts: A Hierarchical Analysis, Alan D. Hornstein

Indiana Law Journal

No abstract provided.


The Supreme Court And Political Question: Affirmation Or Abdication?, Ralph J. Bean Jr. Feb 1969

The Supreme Court And Political Question: Affirmation Or Abdication?, Ralph J. Bean Jr.

West Virginia Law Review

No abstract provided.