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Why Class Actions Are Something both Liberals and Conservatives Can Love
(Vanderbilt Law Review, 2020)
In Professor Redish's review of my new book, The Conservative Case for Class Actions, he argues that liberals should oppose the class action because the cy pres doctrine used to distribute settlement money is democratically ...
Proposed Reforms to Texas Judicial Selection: Panelist Remarks
(Lewis & Clark Law Review, 2020)
Many conservatives oppose much of the administrative state. But many also oppose much of our private enforcement regime. This raises the questions of whether conservatives believe the marketplace should be policed at all, ...
Objector Blackmail Update: What Have the 2018 Amendments Done?
(Fordham Law Review, 2020)
In Part I of this Essay, I describe the problem of objector blackmail, why prohibiting side payments to objectors would be the best way to screen blackmail-minded objections from other objections, and why I did not think ...
Deregulation and Private Enforcement
(Lewis & Clark Law Review, 2020)
Many conservatives oppose much of the administrative state. But many also oppose much of our private enforcement regime. This raises the questions of whether conservatives believe the marketplace should be policed at all, ...