Current Issue
Let me begin by expressing my great personal regard for Dean Seligman, as well as the esteemed panel. This is a tough group to come before and call into question…
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Elements of a Fair and Efficient Securities Arbitration System
In January of 1996, the Arbitration Policy Task Force ("Task Force") of the National Association of Securities Dealers, Inc. ("NASD") delivered to the NASD Board of Governors its Securities Arbitration…
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Courts on Trial Symposium Closing Remarks
The Institute for Law and Economic Policy ("ILEP") was formed a little over two years ago, and as I said at our last conference, it is still not a household…
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Rule 23: Class Actions at the Crossroads
Earlier versions of the following Articles and Comments were presented at a conference sponsored by The University of Arizona College of Law, the Law College Association and the Institute for…
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Introduction
Today the class action stands at a crossroads that has eventuated from numerous causes, including the skill of both plaintiffs' and defendants' attorneys in expanding the scope of the class…
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An Enforcement Official’s Reflections on Antitrust Class Actions
The Federal Trade Commission (FTC) is charged with preventing unfair and deceptive acts and practices. Its two largest bureaus, of competition and consumer protection, enforce antitrust and consumer protection laws.…
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Class Actions at the Cloverleaf
The papers on which I am to comment demonstrate that the conveners of this conference fell short of the full truth when they called it "Class Actions at the Crossroads."…
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The Constitutional Limits of Judicial Rulemaking: The Illegitimacy of Mass-Tort Settlements Negotiated Under Federal Rule 23
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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