Resale Price Maintenance & State Law Holdups

White Paper
David S. Olson February 23, 2016

In this paper, David S. Olson discusses the legal status of resale price maintenance agreements, arguing that the practice is not anti-competitive and that states should lift their per se bans on the practice in the wake of the Supreme Court's Leegin decision. [Read Now]

2014 Civil Justice Update

Federalist Society White Paper
Emily Kelchen April 22, 2015

This paper recaps important legal developments in the civil justice movement that occurred in 2014. Part I focuses on broad trends, Part II provides an overview of new legislation, and Part III highlights court cases from across the country that either strike down previously adopted reforms or adopt novel legal theories of interest to reformers. [Read Now]

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]