Articles

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The Arbitration Clause as Super Contract, Washington University Law Review (2013)

It is widely acknowledged that the purpose of the Federal Arbitration Act was to place...

 

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Illegal Emigration: The Continuing Life of Invalid Deportation Orders, SMU Law Review (2012)

Federal appeals courts overturn more than one thousand deportation orders every year. A significant number...

 

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

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

 

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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...

 

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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...

 

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Undue Deference, Trial (2006)
 

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

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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)