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The American Advantage in Civil Procedure? An Autopsy of the Deutsche Telekom Litigation
(Connecticut L. Rev., 2015)
This article examines the influence of civil procedure on the legal framework that supports securities markets in the U.S. and in Germany, two very different legal systems. It does so by way of comparing parallel shareholder ...
Saving Charitable Settlements
(Fordham L. Rev., 2015)
This Article defies the conventional wisdom that all charitable distributions from a class action settlement fund are types of cy pres. Instead, it proposes a radical delineation between “cy pres remainders” (meaning ...
Litigation Discovery and Corporate Governance: The Missing Story About the 'Genius of American Corporate Law'
(Emory L.J., 2014)
Strikingly absent from the entire corporate governance and corporate litigation debate is a unique feature of American civil procedure that deserves special attention: the modern civil discovery regime. This Article attempts ...