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Litigation

2011

Selected Works

Litigation

Articles 1 - 6 of 6

Full-Text Articles in Law

Giving Notice: An Argument For Notification Of Putative Plaintiffs In Complex Litigation, Marjorie A. Silver Aug 2011

Giving Notice: An Argument For Notification Of Putative Plaintiffs In Complex Litigation, Marjorie A. Silver

Marjorie A. Silver

Professor Silver advocates recognition of an inherent judicial power to send or authorize notice of pending litigation to potentially interested persons with unfiled claims. Recognizing such a judicial power is consistent with recent legal developments establishing a role for judges in expediting and managing federal litigation. Although the Federal Rules of Civil Procedure only explicitly provide for notice to potential parties in Rule 23 class action litigation, Professor Silver demonstrates that a more general judicial power to notify putative plaintiffs is consistent with the federal rules and the Constitution. She also shows that the first amendment values support a judicial …


Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky Jun 2011

Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky

Martin A. Schwartz

No abstract provided.


Supreme Court Section 1983 Developments, Martin A. Schwartz Jun 2011

Supreme Court Section 1983 Developments, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz Jun 2011

Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


Section 1983 Litigation – Supreme Court Developments, Martin A. Schwartz Jun 2011

Section 1983 Litigation – Supreme Court Developments, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


The Rise Of U.S. Food Sustainability Litigation, Stephanie Tai Dec 2010

The Rise Of U.S. Food Sustainability Litigation, Stephanie Tai

Stephanie Tai

This article provides one of the first critical looks at the interface between the values of the sustainable food movement and its rising use of litigation. In particular, it focuses on two growing areas of food sustainability litigation: challenges to CAFOs and challenges to the use of genetically modified organisms (GMOs) in the food system. These areas were chosen because they involve growing sectors of U.S. agriculture over which members of the sustainable food movement have raised significant concerns.

The article begins by describing the sustainable food movement, including how the movement fits in with factors that sociologists use to …