Articles

Link

The Disappearing Opt-Out Right in Punitive Damages Class Actions, Wisconsin Law Review (forthcoming 2011) (2011)

One of the most pressing issues in punitive damages law today is how to protect...

 

PDF

The Failure of Analogy in Conceptualizing Private Entity Liability Under Section 1983, UMKC Law Review (2010)

This paper examines the liability rules that apply to the growing number of private entities...

 

PDF

Regulating Privatized Government Through Section 1983, University of Chicago Law Review (2009)

As governments increasingly delegate traditional public functions to private, for-profit entities, the federal civil rights...

 

PDF

Undue Deference, Trial (2006)
 

OpenURL

Illusory Arbitration Clauses (with F. Paul Bland, Jr. and Michael J. Quirk), The Employee Advocate (2004)
 

PDF

Proposition 209: A New Civil Rights Revolution?, Yale Law & Policy Review (2000)
 

Books

Consumer Arbitration Agreements: Enforcability and Other Topics (with F. Paul Bland, Jr.; Michael J. Quirk; Leslie A. Bailey; and Jonathan Sheldon) (2007)