Jordan v. Commissioner, Mississippi Department of Corrections
Eleventh Circuit Denies Mississippi Death Row Prisoners Discovery by Creating a Federal Lethal Injection Secrecy Privilege.
Vol. 133 No. 2
Civil Procedure
Recent Case: Palin v. New York Times Co.
“This case is ultimately about the First Amendment, but the subject matter implicated in this appeal is far less dramatic: rules of procedure and...
Gibbons v. Bristol-Myers Squibb Co.
A tactic known as “snap removal” has divided federal district courts. Can a defendant remove a suit filed in its home forum (or the...
Waiving Chevron Deference
Vol. 132 No. 5
In a challenge to an agency action, what happens when the agency does not claim Chevron deference? Perhaps the agency has failed to realize...
Congress, the Supreme Court, and the Rise of Securities-Fraud Class Actions
Vol. 132 No. 3
Introduction The United States has a complex regime of securities-fraud enforcement in place to protect its securities markets. Functioning properly, securities markets help drive...
Government Class Actions After Jennings v. Rodriguez
The Supreme Court’s recent decision in Jennings v. Rodriguez raised the momentous question of whether the government can indefinitely detain people without a hearing. If...
Robins v. Spokeo, Inc.
Ninth Circuit Allows Fair Credit Reporting Act Class Action to Proceed Past Standing Challenge.
Vol. 131 No. 3
Contracting for Procedure Redux
Legal scholars often are criticized for devoting hundreds of pages to theorizing about mountains that turn out to be molehills when examined in the...
Microsoft Corp. v. Baker
Vol. 131 No. 1
Class certification decisions tend to be make-or-break for plaintiffs and defendants alike. It’s no surprise, then, that both have devised litigation tactics to help...
BNSF Railway Co. v. Tyrrell
Vol. 131 No. 1
Since International Shoe Co. v. Washington, the Supreme Court has framed personal jurisdiction as a due process doctrine prohibiting courts from hearing claims against...