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Full-Text Articles in Law
Federal Jurisdiction And Due Process In The Era Of The Nationwide Class Action, Tobias Barrington Wolff
Federal Jurisdiction And Due Process In The Era Of The Nationwide Class Action, Tobias Barrington Wolff
University of Pennsylvania Law Review
The class action has come of age in America. With increasing regularity, class litigation plays a central role in discussions about theory, doctrine, and policy in the American civil justice system. The dynamics of the class action lie at the heart of current debates over the nature of the litigation process and the limits of adjudication in effectuating social policy. Choice of law analysis has enjoyed a renaissance as its significance to the question of class certification has become apparent. Class litigation now frequently drives debates over tort reform and the phenomenon of regulation through litigation. In these and many …
Rejecting "Uncontrolled Authority Over The Body": The Decencies Of Civilized Conduct, The Past And The Future Of Unenumerated Rights, Seth F. Kreimer
Rejecting "Uncontrolled Authority Over The Body": The Decencies Of Civilized Conduct, The Past And The Future Of Unenumerated Rights, Seth F. Kreimer
University of Pennsylvania Journal of Constitutional Law
When Roe v. Wade was decided, many constitutional scholars viewed it as a unique event, an aberrant invocation of unenumerated rights forged under the twin pressures of an occluded legislative process and women's urgent demands for reproductive autonomy. Three decades later, this critique is a less persuasive reading of the constitutional landscape. A generation of constitutional development and a broader view of the sweep of constitutional history situates Roe as part of a pattern of decisions protecting the bodies of "we the people" against the violence and control of the state. The pattern does not appear clearly in most constitutional …