Topic
Discovery
Posts
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CommentaryVol. 88 · Iss. 1
Justice Souter and the Civil Rules
On April 30, 2009, after almost twenty years on the U.S. Supreme Court, Justice David Hackett Souter announced his retirement. A quiet personality never…
Scott Dodson -
ArticleVol. 95 · Iss. 4
Income-Dependent Punitive Damages
Punitive damages are sums awarded to tort victims over and above their compensable harm. Despite their relative rarity, they have been very salient in…
Ronen Perry & Elena Kantorowicz -
ArticleVol. 95 · Iss. 2
Who Should Own Police Body Camera Videos?
Numerous cities, states, and localities have adopted police body camera programs to enhance police accountability in the wake of repeated instances of police misconduct,…
Laurent Sacharoff & Sarah Lustbader -
NoteVol. 95 · Iss. 1
Drawing the Line on Legislative Privilege: Interpreting State Speech or Debate Clauses in Redistricting Litigation
The United States Constitution and forty-three state constitutions include a Speech or Debate Clause granting legislators a legal privilege for their legislative work. Although…
J. Pierce Lamberson -
NoteVol. 91 · Iss. 3
Rebutting the Roberts Court: Reinventing the Collateral Order Doctrine Through Judicial Decision Making
A civil procedure revival has quietly been underway since the inception of the Roberts Court in 2005. Unnoticed and sweeping changes may be in…
Michael E. Harriss -
ArticleVol. 98 · Iss. 6
A New Caremark Era: Causes and Consequences
What role does corporate law play in holding directors accountable for compliance failures? Until recently, the answer has been “very little.” The prevalent standard for director…
Roy Shapira -
CommentaryVol. 90 · Iss. 3
The Role of the Judge in Non-Class Settlements
What is the role of the judge in aggregate litigation? That was the question posed to Judge Alvin Hellerstein and several panelists, including myself,…
Howard M. Erichson -
ArticleVol. 90 · Iss. 3
The 9/11 Litigation Database: A Recipe for Judicial Management
The terrorist attacks on the Twin Towers on September 11, 2001, presented the American legal system with unprecedented challenges regarding whether, and how, to…
Alvin K. Hellerstein, James A. Henderson Jr. & Aaron D. Twerski -
NoteVol. 89 · Iss. 6
The Unwarranted Weight of a “Paper Barrier”: A Proposal to Ax the Apex Doctrine
Lee Iacocca is one of the most recognizable CEOs in the world, linked with both Chrysler’s successful revival and the Ford Pinto’s unenviable infamy.…
Amalia L. Lam