An Enduring, Evolving Separation of Powers

By: Jon D. Michaels


This Article sets forth the theory of an enduring, evolving separation of powers, one that checks and balances state power in whatever form that power happens to take. It shows how this constitutional commitment was first ...READ MORE

Due Process, Class Action Opt Outs, and the Right Not to Sue

By: Ryan C. Williams


Over the past three decades, the Supreme Court has repeatedly insisted that due process requires that absent class members be given an opportunity to opt out of a class action seeking predominantly money damages. The Court’s ...READ MORE