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Articles 1 - 10 of 10
Full-Text Articles in Law
Transnational Class Actions And The Illusory Search For Res Judicata, Tanya Monestier
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
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
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
The Methodology Of Comparative Law, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
The Architecture Of First Amendment Free Speech, Edward J. Eberle
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
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
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
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
Can Popular Constitutionalism Survive The Tea Party Movement?, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
Methodology Of Comparative Law, Edward J. Eberle
Methodology Of Comparative Law, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.