In the US, the Antitrust Division of the Department of Justice (DOJ), the FTC, state attorneys general, and private parties may bring civil antitrust cases for violations of: The Sherman Act. The ...

Affirmative defenses protect educators from arrest and frivolous lawsuits over books or materials judged obscene by anyone in the community, writes Sara Stevenson. Removing these defenses can have ...

Before University President Lee Bollinger rose as the named defendant in Grutter v. Bollinger, a 2003 landmark Supreme Court case concerning race-conscious admissions, he never intended on becoming a ...

Whether the true import of the preparation of pleadings is learned in law school, at a law firm or in the sometimes-punishing crucible of civil litigation, practitioners inevitably discover that the ...

There is an abiding myth among practitioners in the plaintiffs’ class action bar—regularly rejected but repeated by rote—that affirmative defenses are irrelevant to class certification. For example, ...