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The BP Gulf Oil Spill Class Settlement: Redistributive “Justice”?

Federalist Society White Paper
John S. Baker, Jr. November 07, 2014

This White Paper discusses the litigation and class-action settlement resulting from the 2010 Deepwater Horizon oil spill.  The paper argues that the strange developments in the BP Class Settlement offer an appropriate occasion to consider the fundamental constitutional question raised by the creation of class settlements–as a distinct form of class action....[Read Now!]

EPA’s Section 111(d) Carbon Rule: What if States Just Said No?

Federalist Society White Paper
Peter Glaser, Carroll W. McGuffey, Hahnah Williams Gaines November 06, 2014
This White Paper discusses the latest proposal of the Environmental Protection Agency to regulate greenhouse gases from the nation’s coal-fired power plants. In that proposal, promulgated under Section 111(d) of the Clean Air Act (CAA), EPA seeks to compel States to become the enablers of the Administration’s vision of what a “transformed”—and much more costly and unreliable—electric utility system should be.  The question is, what if States refuse to go along?  What if States refuse to give EPA the aggressive carbon-reduction plans the Agency is demanding?...[Read Now!]

Recent Decisions of the Supreme Court of North Carolina

State Courts White Paper
Adam Conrad, Robert T. Numbers, Bradley Lingo, Wm. Grayson Lambert September 16, 2014
Recent Decisions of the Supreme Court of North Carolina

This paper aims to inform North Carolinians about some of the important cases decided in recent years  by the state’s supreme court.  It discusses eight recent cases separated into four categories:  constitutional law, election law, business law, and criminal law.  Some of these cases highlight differences in judicial philosophy among members of the court....[Read Now!]

History and Recent Developments in Same-Sex Marriage Litigation

State Courts Project White Paper
Austin R. Nimocks May 28, 2014

The purpose of this paper is to provide a comprehensive national survey of recent cases regarding same-sex marriage laws. The cases span over half the states and are being litigated in both federal and state courts. We hope this paper serves as a useful reference and guide to any questions you may have about the legal landscape of same-sex marriage.....[Read Now!]

2013 Civil Justice Update: Recently Enacted State Reforms and Judicial Challenges

State Courts White Paper
Andrew C. Cook March 10, 2014

2013 Civil Justice Update: Recently Enacted State Reforms and Judicial ChallengesThe purpose of this paper is to provide a comprehensive national survey of both recent court decisions ruling on challenges to existing civil justice laws and the newly enacted civil justice reforms. This paper has two main parts: Part I describes state and federal court rulings in 2013 and Part II describes legislation passed during the year’s legislative session....[Read Now!]