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Redefining Prey and Predator in Class Actions
(Brooklyn L. Rev., 2015)
Aggregate litigation’s potential as a tool for the disempowered is not being realized. Class actions have come under serious attack in the last decade as critics have successfully worked to change traditional notions of ...
Death by Daubert: The Continued Attack on Private Antitrust
(Cardozo Law Revew, 2014)
In 2011, with five words of dicta, the Supreme Court opened Pandora’s box for private antitrust enforcement. By suggesting trial courts must evaluate the admissibility of expert testimony at class certification, the Court ...
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 ...