Legal Remedies Commons^™

Preclusion Law As A Model For National Injunctions, Suzette M. Malveaux

Publications

No abstract provided.

The Modern Class Action Rule: Its Civil Rights Roots And Relevance Today, Suzette M. Malveaux

Publications

The modern class action rule recently turned fifty years old — a golden anniversary. However, this milestone is marred by an increase in hate crimes, violence and discrimination. Ironically, the rule is marking its anniversary within a similarly tumultuous environment as its birth — the civil rights movement of the 1960’s. This irony calls into question whether this critical aggregation device is functioning as the drafters intended. This article makes three contributions.

First, the article unearths the rule’s rich history, revealing how the rule was designed in 1966 to enable structural reform and broad injunctive relief in civil rights cases. …

Clearing Civil Procedure Hurdles In The Quest For Justice, Suzette M. Malveaux

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No abstract provided.

Fighting To Keep Employment Discrimination Class Actions Alive: How Allison V. Citgo's Predomination Requirement Threatens To Undermine Title Vii Enforcement, Suzette M. Malveaux

Publications

The Civil Rights Act of 1991, which provides compensatory and punitive damages and attendant jury trials in cases alleging intentional discrimination, was designed to enhance enforcement and expand remedies. Its enactment, however, has triggered a schism among the circuit courts over what the proper standard is for determining whether monetary damages or injunctive relief predominates, a necessary inquiry for determining whether plaintiffs are entitled to class certification for Title VII claims under Rule 23(b)(2) of the Federal Rules of Civil Procedure. Led by the Fifth Circuit, some federal appeals courts contend that monetary relief predominates unless it is “incidental,” and …

Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins

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No abstract provided.

Controlling The Structural Injunction, Robert F. Nagel

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No abstract provided.

Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel

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No abstract provided.

Recent Development, Employer Knowledge Of Union Strength As A Basis For Bargaining Orders In Absence Of Unfair Labor Practices Or Elections--Summer & Co., 190 N.L.R.B. No. 116 (June 7, 1971), Mark J. Loewenstein

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No abstract provided.

Federal Removal And Injunction To Protect Political Expression And Racial Equality: A Proposed Change, Christopher B. Mueller

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No abstract provided.

The Consent Decree In Antitrust Enforcement--Analysis And Criticism, J. Dennis Hynes

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No abstract provided.