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Articles 1 - 9 of 9
Full-Text Articles in Law
Auctioning Class Settlements, Jay Tidmarsh
Auctioning Class Settlements, Jay Tidmarsh
William & Mary Law Review
Although class actions promise better deterrence at a lower cost, they are infected with problems that can keep them from delivering on this promise. One of these problems occurs when the agents for the class—the class representative and class counsel—advance their own interests at the expense of the class. Controlling agency cost, which often manifests itself at the time of settlement, has been the impetus behind a number of class action reform proposals.
This Article develops a proposal that, in conjunction with reforms in fee structure and opt-out rights, controls agency costs at the time of settlement. The idea is …
Corporate Therapeutics At The Securities And Exchange Commission, Jayne W. Barnard
Corporate Therapeutics At The Securities And Exchange Commission, Jayne W. Barnard
Faculty Publications
No abstract provided.
The Curious Complications With Back-End Opt-Out Rights, Rhonda Wasserman
The Curious Complications With Back-End Opt-Out Rights, Rhonda Wasserman
William & Mary Law Review
In recent years, class members have been afforded delayed, or "back-end," opportunities to opt out of a class action once the terms of the settlement are disclosed. These back-end opt-out rights may afford only limited rights to sue outside the confines of the class action. For example, opt-out plaintiffs may be permitted to seek compensatory, but not punitive damages. Does the federal court that approved the settlement have authority to enjoin back-end opt-out plaintiffs from seeking relief in state court that exceeds the limits built into the back-end opt-out right?
Three sets of curious complications may arise if the federal …
Law's Limited Domain Confronts Morality's Universal Empire, Larry Alexander, Frederick Schauer
Law's Limited Domain Confronts Morality's Universal Empire, Larry Alexander, Frederick Schauer
William & Mary Law Review
No abstract provided.
The Ramifications Of The W.H. Sammis Settlement: Why Jobs Are Being Lost, The Air Remains Unclean, And This Landmark Settlement Is Making Progress In The Wrong Direction, Michael Paul Pegman
The Ramifications Of The W.H. Sammis Settlement: Why Jobs Are Being Lost, The Air Remains Unclean, And This Landmark Settlement Is Making Progress In The Wrong Direction, Michael Paul Pegman
William & Mary Environmental Law and Policy Review
No abstract provided.
Putting The Plaintiff Class' Needs In The Lead: Reforming Class Action Litigation By Extending The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Kendra S. Langlois
Putting The Plaintiff Class' Needs In The Lead: Reforming Class Action Litigation By Extending The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Kendra S. Langlois
William & Mary Law Review
No abstract provided.
Settlements And Waivers Affecting Pension Benefits Under Erisa, Eric D. Chason
Settlements And Waivers Affecting Pension Benefits Under Erisa, Eric D. Chason
Faculty Publications
Waivers affecting pension benefits may be entered into as part of a controversy (for example, a settlement agreement) or in isolation (for example, a disclaimer). Under current law, however, it is unclear how these waivers fit within the protections of ERISA, particularly the antialienation rule. Courts have generally honored settlement agreements so long as they are procedurally fair to participants. However, the antialienation rule looms in the background. The IRS and Treasury, in contrast, have focused on waivers outside the settlement context, prohibiting participants from making them but allowing beneficiaries to do so if the waiver satisfies gift-tax rules for …
Averting Government By Consent Decree: Constitutional Limits On The Enforcement Of Settlements With The Federal Government, Jeremy A. Rabkin, Neal Devins
Averting Government By Consent Decree: Constitutional Limits On The Enforcement Of Settlements With The Federal Government, Jeremy A. Rabkin, Neal Devins
Faculty Publications
No abstract provided.
The Wet Settlement Act And The Problem Of Delayed Disbursements, Lynda L. Butler
The Wet Settlement Act And The Problem Of Delayed Disbursements, Lynda L. Butler
Popular Media
No abstract provided.