Forum

Ethical Duties of Class Counsel Also Representing Class Representatives

Nancy J. Moore

Abstract Response to Bruce A. Green & Andrew Kent’s, May Class Counsel Also Represent Lead Plantiffs? In their excellent article entitled May Class Counsel Also Represent Lead Plaintiffs?, Professors Bruce Green and Andrew Kent explore a particular aspect of two broader questions I have also addressed: (1) who should regulate class action lawyers; and (2) […]

Enforcing the Fiduciary Duties of Class Representatives

Andrew S. Pollis

Abstract Response to Bruce A. Green & Andrew Kent’s, May Class Counsel Also Represent Lead Plaintiffs? Professors Bruce A. Green and Andrew Kent have drawn much-needed attention to ethical issues that can arise when class-action lawyers simultaneously represent named individual plaintiffs and putative or certified classes. They analyze three scenarios of potential conflict for which […]

Agents and Advisors

Deborah A. DeMott

Abstract Response to Arthur B. Laby’s, Advisors as Fiduciaries In a recent article, Advisors as Fiduciaries, Professor Arthur Laby examines the roles of advisors in multiple contexts and elaborates justifications for whether and when advice-giving does (and should) trigger the imposition of a suite of distinctively fiduciary duties of care and loyalty. Professor Laby’s article […]

“Shall Not Be Construed”: Reversal of Supreme Court Decisions by Constitutional Amendment

John v. Orth

Abstract This Article considers the way in which small changes of wording can signal large changes of thought in the United States Constitution (Constitution). Drawing upon examples found in the Eleventh and Sixteenth Amendments, and in the Reconstruction Amendments, the Article shows that there are two ways to reverse a U.S. Supreme Court decision by […]

Smart Meters as a Catalyst for Privacy Law

Matthew Tokson

Abstract Response to Matthew B. Kugler & Meredith Hurley, Protecting Energy Privacy Across the Public/Private Divide Smart utility meters raise several puzzling legal questions and answering them can help point the way toward the future of Fourth Amendment and civil privacy law. More than any other current technology, smart meters compel the development of use […]

Algorithmic Inclusion

Eldar Haber

Abstract Response to Peter Yu, The Algorithmic Divide and Equality in the Age of Artificial Intelligence Artificial Intelligence (AI) is expected to dramatically change humanity. From the automation of daily tasks and labor, to curing diseases and handling disasters, many forecast that human beings will soon begin enjoying the benefits of AI technology within many […]