Category Complex Litigation
An Erie Doctrine for Arbitration
Arbitration has become a staple of modern dispute resolution—the alternative par excellence to court adjudication for almost “every type of justiciable claim.” Its rise can largely be attributed to the use of arbitration clauses, contractual provisions that require legal claims be resolved in informal, non-judicial forums. What’s more, arbitration clauses received federal imprimatur over a […]
Intergovernmental Evidence-Sharing Isn’t Caring: Discussing a Return to General Warrants
Intergovernmental evidence-sharing ignores that the Warrant Clause does not empower the government to seize property merely to search for evidence and is therefore tantamount to a fishing expedition that converts the particularized warrants demanded by the Fourth Amendment into the very “general warrants” the provision was understood to prevent.
Minimal Contact: Reconsidering Personal Jurisdiction Over Absent Class Members
Absent class members play a protean role in the lifecycle of a lawsuit. Parties for some purposes, but not others,  their status continues to vex courts in a variety of situations. That incoherence largely stems from Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985). There, state and federal courts were permitted to exercise […]