Monthly Archives: June 2013

“Too Darn Bad”: Class Action Waivers Are Enforceable in Arbitrations




In American Express Co. v. Italian Colors Restaurant, No. 12-133 (June 20, 2013), the Supreme Court held, by a five to three margin, that class action waivers are enforceable under the Federal Arbitration Act even if it was too expensive┬áto … Continue reading




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Patenting Human Genes: The Supreme Court’s Myriad Genetics Opinion




In its much-anticipated opinion on the patenting of human genes, the Supreme Court decided to split the baby. In Association For Molecular Pathology v. Myriad Genetics, Inc., No. 12-398 (June 13, 2013), a unanimous court ruled that a naturally occurring … Continue reading




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Oxford Health Plans v. Sutter: Watch What You Ask the Arbitrator




Under what circumstances can an arbitrator order that claims presented to him or her be adjudicated on a classwide basis? In┬áStolt-Nielsen S.A. v. AnimalFeeds Int’l Corp, 559 U.S. 662 (2010), the Supreme Court held that class procedures can be employed … Continue reading




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Maryland v. King: How Originalism Can Produce a Liberal Result




In Maryland v. King, No. 12-207 (June 3, 2013), a sharply divided Supreme Court held by a five-to-four vote that a DNA sample could be taken from a suspect at the time of arrest without a warrant. In King, a … Continue reading




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The Growth of American Business: The Role of Politics After the Civil War




American politics played a critical role in fostering the growth of domestic American businesses in the nineteenth century. In our August 2012 post on Transportation, we noted the central role of government in the expansion of a system of internal … Continue reading




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