December 2005 Vol. 104 No. 3 THE REVIEW
ARTICLES

Opting Out of Liability: The Forthcoming, Near-Total Demise of the Modern Class Action

Myriam Gilles

In recent years, there have been hundreds of academic articles and scores of books written about class action litigation. The law reviews abound with doctrinal critiques, letters to Congress, moralist manifestos, and economists’ prescriptions for optimized class action rules. Reading it all, one would certainly think that abusive class action litigation is running amok in the United States.

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Brown and Lawrence (and Goodridge)

Michael J. Klarman
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Putting Religious Symbolism in Context: A Linguistic Critique of the Endorsement Test

B. Jessie Hill
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NOTES

What’s So Great about Nothing? The GNU General Public License and the Zero-Price-Fixing Problem

Heidi S. Bond

In 1991, Linus Torvalds released the first version of the Linux operating system. Like many other beneficiaries of the subsequent dot-com boom, Torvalds worked on a limited budget. Clad in a bathrobe, clattering away on a computer purchased on credit, subsisting on a diet of pretzels and dry pasta, hiding in a tiny room that was outfitted with thick black shades designed to block out Finland’s summer sun, Torvalds programmed Linux.

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The Toll for Traveling Students: Durational-Residence Requirements for In-State Tuition after Saenz v. Roe

Douglas R. Chartier
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Expanding Forfeiture without Sacrificing Confrontation after Crawford

Joshua Deahl
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& Other Current Events

Protecting Whistleblower Protections in the Dodd-Frank Act

In 2008, the United States fell into its worst economic recession in over seventy years. In response,...

A Comprehensive Administrative Solution to the Armed Career Criminal Act Debacle

For thirty years, the Armed Career Criminal Act ("ACCA") has imposed a fifteen-year mandatory minimum...

Rethinking the Timing of Capital Clemency

This Article reviews every capital clemency over the last four decades. It demonstrates that in the majority...

The Political Safeguards of Horizontal Federalism

For decades, we have debated whether "political safeguards" preserve healthy relations between the states...

A Solution to Michigan's Child Shackling Problem

Detained children routinely appear before Michigan's juvenile courts shackled with handcuffs, leg irons,...
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