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Full-Text Articles in Law

Transnational Class Actions And The Illusory Search For Res Judicata, Tanya Monestier Nov 2011

Transnational Class Actions And The Illusory Search For Res Judicata, Tanya Monestier

Law Faculty Scholarship

The transnational class action-a class action in which a portion of the class consists of non-US claimants-is here to stay Defendants typically resist the certification of transnational class actions on the basis that such actions provide no assurance of finality for a defendant, as it will always be possible for a non-U.S. class member to initiate subsequent proceedings in a foreign court. In response to this concern, many U.S. courts will analyze whether the "home" courts of the foreign class members would accord res judicata effect to an eventual U.S. judgment prior to certifying a U.S. class action containing foreign …


Learning How To Learn: Carnegie's Third Apprenticeship, Laurie Barron Oct 2011

Learning How To Learn: Carnegie's Third Apprenticeship, Laurie Barron

Law Faculty Scholarship

No abstract provided.


When The Restatement Is Not A Restatement: The Curious Case Of The "Flagrant Trespasser", David Logan Apr 2011

When The Restatement Is Not A Restatement: The Curious Case Of The "Flagrant Trespasser", David Logan

Law Faculty Scholarship

No abstract provided.


The Methodology Of Comparative Law, Edward J. Eberle Jan 2011

The Methodology Of Comparative Law, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


The Architecture Of First Amendment Free Speech, Edward J. Eberle Jan 2011

The Architecture Of First Amendment Free Speech, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies Jan 2011

Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Tea Party's Constitution, Jared Goldstein Jan 2011

The Tea Party's Constitution, Jared Goldstein

Law Faculty Scholarship

No abstract provided.


The Tea Party Movement And The Perils Of Popular Originalism, Jared A. Goldstein Jan 2011

The Tea Party Movement And The Perils Of Popular Originalism, Jared A. Goldstein

Law Faculty Scholarship

The Tea Party movement presents something of a curiosity for constitutional theory because it combines originalist ideology and popular constitutionalist methods. Like minotaurs, werewolves, and other half-man, half-animal hybrids of myth and legend, the Tea Party's hybrid of originalism and popular constitutionalism serves to expose the limitations of both sources upon which it draws. Although originalists assert that interpreting the Constitution according to its original meaning would take politics out of constitutional law, the Tea Party movement shows that originalism also provides a powerful political rhetoric. Moreover, while popular constitutionalists assert that democracy would be advanced by empowering the people …


Can Popular Constitutionalism Survive The Tea Party Movement?, Jared Goldstein Jan 2011

Can Popular Constitutionalism Survive The Tea Party Movement?, Jared Goldstein

Law Faculty Scholarship

No abstract provided.


Methodology Of Comparative Law, Edward J. Eberle Jan 2011

Methodology Of Comparative Law, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.