Articles

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Mocking the Public Interest: Congress Restores Meaningful Judicial Review of Government Antitrust Consent Decrees, Vermont Law Review (2007)

On June 22, 2004, President Bush signed into law the Antitrust Criminal Penalty Enhancement and...

 

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The Detention Trilogy: Striking the Proper Balance Between National Security and Individual Liberty in an Era of Unconventional Warfare, Whittier Law Review (2005)

Hundreds of aliens and two United States citizens have been detained by the country's military...

 

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Direct Shipment of Wine, The Dormant Commerce Clause and the Twenty-first Amendment: A Call for Legislative Reform, Akron Law Review (2004)

Many states prohibit out-of-state sellers of wine from shipping their product directly to consumers, but...

 

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Equitable Power to Award Attorney’s Fees: The Seductive Appeal of "Benefit", South Dakota Law Review (2003)

Should an attorney whose services have conferred a nonmonetary “benefit” upon a person whom the...

 

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The American Law Institute Proposal to Bring State Law Small Claims Class Actions, Creighton Law Review (2002)

Nearly thirty years ago, the United States Supreme Court held in Zahn v. International Paper...

 

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Congressional Control Over the Jurisdiction of the Federal Courts: A New Threat to James Madison’s Compromise, Brandeis Law Journal (2001)

A series of decisions by the U.S. Supreme Court in the past decade concerning Congress's...

 

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Interpretation of Consent Decrees and Microsoft v. United States I: Making Law in the Shadow of Negotiation, University of Pittsburgh Journal of Technology Law & Policy (2000)

People negotiate agreements "in the shadow of the law," whether in the private ordering of...

 

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The Constitutional Right of Poor People to Appeal Without Payment of Fees: Convergence of Due Process and Equal Protection in M.L.B. v. S.L.J., University of Michigan Journal of Law Reform (1999)

In this Article, Professor Lloyd Anderson examines the recent decision M.L.B. v. S.L.J., in which...

 

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The Collateral Order Doctrine: a New 'Serbonian Bog' and Four Proposals for Reform, Drake Law Review (1998)

In 1949, the United States Supreme Court in Cohen v. Beneficial Industrial Loan Corp. created...

 

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United States v. Microsoft, Antitrust Consent Decrees, and the Need for a Proper Scope of Judicial Review, Antitrust Law Journal (1996)

This article explores the arguments concerning the propriety of the district court's role in Microsoft...

 

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Release and Resumption of Jurisdiction Over Consent Decrees in Structural Reform Litigation, University of Miami Law Review (1987)

Courts in the United States wield enormous power over other American institutions. In recent years,...

 

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Teaching Civil Procedure With the Aid of Local Tort Litigation (with Charles E. Kirkwood), Journal of Legal Education (1987)

Law students ought to graduate from law school with at least a minimum degree of...

 

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Implementation of Consent Decrees in Structural Reform Litigation, University of Illinois Law Review (1986)

Persons seeking structural reform of powerful institutions have increasingly used public law litigation' in their...

 

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The Approval and Interpretation of Consent Decrees in Civil Rights Class Action Litigation, University of Illinois Law Review (1983)

The quest for social justice in America requires creative approaches to the enforcement of basic...

 

Books

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Voices from a Southern Prison (2000)