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.”[1] 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.[2] 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, [1] their status continues to vex courts in a variety of situations.[2] That incoherence largely stems from Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985). There, state and federal courts were permitted to exercise […]
Least Dangerous Blog 