Volume 109 / Issue 3

Parties or Not?: The Status of Absent Class Members in Rule 23 Class Actions

When should absent class members—individuals who are bound by and share in a class recovery but who are not active participants in the litigation—be treated as “parties” in Rule 23 class actions? This simple question has confused courts and …

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Volume 109 / Issue 3

How Clear is “Clear”?

This Article proposes a new framework for evaluating doctrines that assign legal significance to whether a statutory text is “clear.” Previous scholarship has failed to recognize that such doctrines come in two distinct types. The first, which this …

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Volume 109 / Issue 3

Patents’ New Salience

The vast majority of patents do not matter. They are almost never enforced or licensed and, in consequence, are almost always ignored. This is a well-accepted feature of the patent system and has a tremendous impact on patent policy. In particular, …

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Volume 109 / Issue 3

Judicial Review in Times of Emergency: From The Founding Through The Covid-19 Pandemic

In the immediate wake of the assassination of President Abraham Lincoln and just ten days after newly sworn-in President Andrew Johnson issued an order calling for a military trial of the alleged conspirators in Lincoln’s killing, the government …

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Volume 109

The Animal Crushing Offense Loophole

The Preventing Animal Cruelty and Torture (“PACT”) Act of 2019 established the first federal criminal penalties targeting the most extreme forms of animal abuse. Hailed by humane groups as a watershed moment in the development of animal welfare law, …

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ONLINE EDITION

The Animal Crushing Offense Loophole

The Preventing Animal Cruelty and Torture (“PACT”) Act of 2019 established the first federal criminal penalties targeting the most extreme forms of animal abuse. Hailed by humane groups as a watershed moment in the development of animal welfare law, …

By Ben Buell
109 Va. L. Rev. Online 99

Deep in the Shadows?: The Facts About the Emergency Docket

The past few years have witnessed a particular accusation leveled repeatedly and loudly at the U.S. Supreme Court’s conservative supermajority: that they are using the Court’s emergency (or pejoratively, “shadow”) docket to issue highly …

By Pablo Das, Lee Epstein & Mitu Gulati
109 Va. L. Rev. Online 73

Addressing the School-to-Prison Pipeline Through Three Nontraditional Pathways

Analogous to Nathaniel Hawthorne’s critique of his leaders’ decision to use punishment as a sign of public accountability, and his adoption of the phrase “the black flower of civilized society” to describe the prison, our leaders in the White House, …

By Gerard Robinson
109 Va. L. Rev. Online 49
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