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Full-Text Articles in Law

Rethinking Place Of Business As Choice Of Law In Class Action Lawsuits, Allison M. Gruenwald Nov 2005

Rethinking Place Of Business As Choice Of Law In Class Action Lawsuits, Allison M. Gruenwald

Vanderbilt Law Review

In the past century, businesses have come to operate on a national and often global level. In the past century, the United States has seen an enormous nationalization and even globalization of business. As a result, the actions of a single company increasingly have the potential to affect people far beyond the boundaries of that company's home state. When one or a few companies injure large numbers of consumers across the country, aggregate litigation (namely the class action lawsuit) becomes an especially attractive remedy. Aggregating claims allows plaintiffs to save time and money and may also enable them to present …


Rethinking Place Of Business As Choice Of Law In Class Action Lawsuits, Allison M. Gruenwald Nov 2005

Rethinking Place Of Business As Choice Of Law In Class Action Lawsuits, Allison M. Gruenwald

Vanderbilt Law Review

In the past century, businesses have come to operate on a national and often global level. In the past century, the United States has seen an enormous nationalization and even globalization of business. As a result, the actions of a single company increasingly have the potential to affect people far beyond the boundaries of that company's home state. When one or a few companies injure large numbers of consumers across the country, aggregate litigation (namely the class action lawsuit) becomes an especially attractive remedy. Aggregating claims allows plaintiffs to save time and money and may also enable them to present …


Taking Miranda's Pulse, William T. Pizzi, Morris B. Hoffman Apr 2005

Taking Miranda's Pulse, William T. Pizzi, Morris B. Hoffman

Vanderbilt Law Review

The Supreme Court decided five Miranda1 cases in 2003-2004, making this one of the most active fifteen-month periods for the law of self-incrimination since the controversial case was decided in 1966. In this Article, we consider three of those five cases-Chavez v. Martinez, Missouri v. Seibert and United States v. Patane-along with the blockbuster decision four years ago in Dickerson v. United States. in an attempt to decipher what, if anything, this remarkable level of activity teaches us about the direction of the Court's self-incrimination jurisprudence. In the end, while these cases, like those before them, may not entirely clarify …


Certifying Mandatory Punitive Damages Classes In A Post-Ortiz And State Farm World, Aileen L. Nagy Mar 2005

Certifying Mandatory Punitive Damages Classes In A Post-Ortiz And State Farm World, Aileen L. Nagy

Vanderbilt Law Review

Punitive damages are a civil penalty "aimed at deterrence and retribution" that further the state's interest in punishing unlawful conduct.' They are meant to "sting" and should be imposed proportionally according to the "egregiousness of the harm and the wealth of the transgressor." While compensatory damages are intended to compensate plaintiffs for their concrete losses, punitive damages use the plaintiff as an instrument for "visiting [] punishment upon [the] extreme tortious misdeeds" of defendants. As such, it is well settled that no individual plaintiff is entitled to punitive damages; however, "it is equally true that no transgressor is entitled to …