Implied Public Rights of Action

By:  Seth Davis

 

This Article analyzes the federal courts’ power to provide public remedies when the legislature has been silent. Like private parties, the United States and the states regularly claim a right to judicial relief or a particular remedy that ...READ MORE

The Real World of Cost-Benefit Analysis: Thirty-Six Questions (and Almost as Many Answers)

By:  Cass R. Sunstein

 

Some of the most interesting discussions of cost-benefit analysis focus on exceptionally difficult problems, including catastrophic scenarios, “fat tails,” extreme uncertainty, intergenerational equity, and discounting over long time horizons. As it operates in the actual world of ...READ MORE

Protecting the One Percent: Relevant Women, Undue Burdens, and Unworkable Judicial Bypasses

By:  Alexandra Rex

 

The purpose of this Note is to analyze one widely enacted category of abortion regulations—parental involvement laws—and the effect of such regulations on their targeted group—pregnant minors. According to the Supreme Court, abortion regulations are constitutional only if ...READ MORE

 

Addressing What Isn’t There: How District Courts Manage the Threat of Rule 68’s Cost-Shifting Provisions in the Context of Class Actions

By:  Jack Starcher

 

For almost two decades now, courts have struggled with a seemingly irreconcilable conflict between Rule 23 class actions and Rule 68 offers of judgment. The apparent tension between these two rules arises in the limbo between the filing ...READ MORE