Current Issue
It is time to recall that the judicial power of the United States has limits. The federal judiciary cannot by rule of court confer on itself the power to sanction…
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Making Securities Fraud Class Actions Virtuous
Few things are as American as the class action. Housed in this single procedural device is the mechanism that accords equal footing to the common man in his dispute with…
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Class Action Reform: Lessons From Securities Litigation
One of the most damaging accusations made against class action litigation, particularly securities litigation, is the claim that it is "lawyer-driven litigation." In the parlance of, among others, the proponents…
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Comment: The Impact to Date of the Lead Plaintiff Provisions of the Private Securities Litigation Reform Act
Professor Fisch begins her very interesting paper by suggesting that Congress' goal in passing the lead plaintiff provisions of the Private Securities Litigation Reform Act (the "Reform Act")' was "to…
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Civil Rights Class Actions: Procedural Means of Obtaining Substance
I cannot resist the temptation to start this Article with a personal note. The first legal matter I worked on was as a law student writing a memorandum supporting over…
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Statutory Fee Shifting in Civil Rights Class Actions: Incentive or Liability?
Professor Greenberg has spoken of the backlash from the courts and Congress imposing restrictions on the ability to successfully litigate certain types of class actions to enforce civil rights. Congress…
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