Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Idea Class Actions After Wal-Mart V. Dukes, Mark Weber
Idea Class Actions After Wal-Mart V. Dukes, Mark Weber
College of Law Faculty
Wal-Mart v. Dukes overturned the certification of a class of a million and a half female employees alleging sex discrimination in Wal-Mart’s salary and promotion decisions. The Supreme Court ruled that the case did not satisfy the requirement that a class have a common question of law or fact, and said that the remedy sought was not the type of relief available under the portion of the class action rule permitting mandatory class actions. Over the last two years, courts have struggled with how to apply the ruling, especially how to apply it beyond its immediate context of employment discrimination …
A New Look At The Original Meaning Of The Diversity Clause, Mark Moller
A New Look At The Original Meaning Of The Diversity Clause, Mark Moller
College of Law Faculty
Must a federal court obtain the power to bind a party before her citizenship becomes relevant to diversity jurisdiction under Article III? For a long time conventional wisdom has assumed the answer is "no": Article III allows Congress to authorize diversity jurisdiction based on the citizenship of persons beyond a court's power to bind at the time jurisdiction is tested. Congress, in turn, has acted on this assumption. Key provisions of the most ambitious, and controversial, expansion of diversity jurisdiction in the last decade, the 2005 Class Action Fairness Act (CAFA), hinge diversity jurisdiction on the citizenship of persons conventionally …