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Martin H. Redish

Northwestern University - Pritzker School of Law

375 E. Chicago Ave

Chicago, IL 60611

United States

  • Northwestern University - Pritzker School of Law

SCHOLARLY PAPERS

20

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CITATIONS
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Top 45,334

in Total Papers Citations

3

Scholarly Papers (20)

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1.

Cy Pres Relief and the Pathologies of the Modern Class Action: A Normative and Empirical Analysis

Florida Law Review, Forthcoming
Number of pages: 64 Posted: 08 Oct 2009
Martin H. Redish, Peter Julian and Samantha Zyontz
Northwestern University - Pritzker School of Law, Northwestern University - Pritzker School of Law and Massachusetts Institute of Technology (MIT) - Sloan School of Management
Downloads 305 (73,183)
Citation 1

Abstract:

cy pres, class actions, due process, separation of powers, case-or-controversy, Article III, constitutional law, civil procedure, remedies

2.

The Rules Enabling Act and the Procedural-Substantive Tension: A Lesson in Statutory Interpretation

Minnesota Law Review, Vol. 93, November 2008
Number of pages: 71 Posted: 19 Apr 2008
Martin H. Redish and Dennis Murashko
Northwestern University - Pritzker School of Law and U.S. Court of Appeals for the District of Columbia Circuit
Downloads 204 (115,145)

Abstract:

Civil Procedure, Rules Enabling Act, Erie doctrine, Supreme Court, Statutory Interpretation, Procedural-Substantive Distinction, Federal Courts, Litigation

3.

Back to the Future: Discovery Cost Allocation and Modern Procedural Theory

George Washington Law Review, Forthcoming
Number of pages: 61 Posted: 09 Jun 2010 Last Revised: 01 Sep 2010
Martin H. Redish and Colleen McNamara
Northwestern University - Pritzker School of Law and Northwestern University - Pritzker School of Law
Downloads 196 (122,223)
Citation 1

Abstract:

Civil Procedure, Discovery, Litigation, Constitutional Law, Due Process, Constitutional Rights

4.

Understanding Post's and Meiklejohn's Mistakes: The Central Role of Adversary Democracy in the Theory of Free Expression

Northwestern Public Law Research Paper No. 08-26
Number of pages: 95 Posted: 26 Jul 2008
Martin H. Redish and Abby Marie Mollen
Northwestern University - Pritzker School of Law and United States Court of Appeals for the District of Columbia Circuit
Downloads 183 (120,568)

Abstract:

First Amendment, Democracy, Democratic Theory, Freedom of Speech, Freedom of Expression, Constitutional Law, Public Law,

5.

The Class Action as Political Theory

Washington University Law Review
Number of pages: 81 Posted: 14 Dec 2007
Martin H. Redish and Clifford Berlow
Northwestern University - Pritzker School of Law and affiliation not provided to SSRN
Downloads 182 (131,036)

Abstract:

6.

Habeas Corpus, Due Process and the Suspension Clause: A Study in the Foundations of American Constitutionalism

Virginia Law Review, Vol. 96, No. 6, 2010, Northwestern Public Law Research Paper No. 10-11
Number of pages: 57 Posted: 05 Apr 2010 Last Revised: 13 Apr 2010
Martin H. Redish and Colleen McNamara
Northwestern University - Pritzker School of Law and Northwestern University - Pritzker School of Law
Downloads 176 (134,240)

Abstract:

Habeas Corpus, Due Process, Suspension Clause, Emergency Constitution, detention, Constitutional Law

7.

Off-Label Prescription Advertising, the FDA and the First Amendment: A Study in the Values of Commercial Speech Protection

American Journal of Law and Medicine, Volume 37, Numbers 2&3, 2011
Number of pages: 38 Posted: 28 Mar 2011 Last Revised: 28 Jul 2013
Coleen Klasmeier and Martin H. Redish
Sidley Austin LLP and Northwestern University - Pritzker School of Law
Downloads 168 (121,692)

Abstract:

Food and Drug, Constitutional Law, Free Expression, Commercial Speech, Administrative Law, First Amendment

8.

Bell Atlantic v. Twombly and the Future of Pleading in the Federal Courts: A Normative and Empirical Analysis

Northwestern Public Law Research Paper No. 10-13
Number of pages: 57 Posted: 27 Apr 2010 Last Revised: 11 May 2010
Martin H. Redish and Lee Epstein
Northwestern University - Pritzker School of Law and Washington University in St. Louis - School of Law
Downloads 167 (144,770)
Citation 1

Abstract:

Bell Atlantic v. Twombly, Twombly, Pleading, Federal Courts

Abstract:

Civil Procedure, Discovery, Pleading; Federal Rules of Civil Procedure

10.

Commercial Speech, First Amendment Intuitionism and the Twilight Zone of Viewpoint Discrimination

Loyola of Los Angeles Law Review, Vol. 41, Northwestern Public Law Research Paper No. 08-20
Number of pages: 141 Posted: 14 Dec 2007 Last Revised: 27 May 2008
Martin H. Redish
Northwestern University - Pritzker School of Law
Downloads 159 (144,045)

Abstract:

first amendment, commercial speech, speech, viewpoint discrimination, expression

11.

One Size Doesn't Fit All: Multidistrict Litigation, Due Process, and the Dangers of Procedural Collectivism

Boston University Law Review, Forthcoming, Northwestern Law & Econ Research Paper No. 14-17, Northwestern Public Law Research Paper No. 14-48
Number of pages: 60 Posted: 23 Sep 2014
Martin H. Redish and Julie M. Karaba
Northwestern University - Pritzker School of Law and Northwestern University
Downloads 120 (162,906)

Abstract:

multidistrict litigation, due process, civil procedure, constitutional law, complex litigation, class actions

12.

Avoiding Death by a Thousand Cuts: The Relitigation of Class Certification and the Realities of the Modern Class Action

Northwestern Public Law Research Paper No. 13-28, Northwestern Law & Economics Research Paper No. 13-27
Number of pages: 47 Posted: 09 Aug 2013 Last Revised: 01 Sep 2013
Martin H. Redish and Megan B. Kiernan
Northwestern University - Pritzker School of Law and Northwestern University - Pritzker School of Law
Downloads 100 (199,405)

Abstract:

res judicata, class actions, due process, direct estoppel class certification

13.

Fear, Loathing, and the First Amendment: Optimistic Skepticism and the Theory of Free Expression

Ohio State Law Journal, Forthcoming, Northwestern Law & Econ Research Paper No. 15-02, Northwestern Public Law Research Paper No. 15-03
Number of pages: 12 Posted: 19 Jan 2015
Martin H. Redish
Northwestern University - Pritzker School of Law
Downloads 92 (185,024)

Abstract:

freedom of speech, freedom of expression, first amendment, constitutional law, interest groups, John Rawls, democracy, communitarianism, pluralism

14.

Rethinking the Theory of the Class Action: The Risks and Rewards of Capitalistic Socialism in the Litigation Process

Emory Law Journal, Forthcoming, Northwestern Law & Econ Research Paper No. 14-20, Northwestern Public Law Research Paper No. 14-52
Number of pages: 27 Posted: 21 Oct 2014
Martin H. Redish
Northwestern University - Pritzker School of Law
Downloads 92 (195,668)

Abstract:

Due Process, Cy Pres, Class Actions, Capitalism, Socialism, Attorney-Client, Civil Procedure

15.

Litigating Article III Standing: A Proposed Solution to the Serious (But Unrecognized) Separation-of-Powers Problem

Northwestern Public Law Research Paper No. 13-29, Northwestern Law & Econ Research Paper No. 13-28
Number of pages: 60 Posted: 01 Sep 2013
Martin H. Redish and Sopan Joshi
Northwestern University - Pritzker School of Law and Northwestern University - Pritzker School of Law
Downloads 83 (223,141)

Abstract:

Jurisdiction, Standing, Motion to Dismiss, Civil Procedure, Case or Controversy, Article III, Federal Courts

16.

Constitutional Adjudication, Free Expression and the Fashionable Art of Corporation-Bashing

Texas Law Review, Forthcoming, Northwestern Public Law Research Paper No. 12-35
Number of pages: 28 Posted: 22 Dec 2012
Martin H. Redish and Peter B. Siegal
Northwestern University - Pritzker School of Law and Northwestern University - Pritzker School of Law
Downloads 78 (239,108)

Abstract:

First Amendment, Free Speech, Freedom of Expression, Constitutional Law, Corporations, Freedom of the Press

17.

The Real Constitutional Problem with State Judicial Selection: Due Process Judicial Retention and the Dangers of Popular Constitutionalism

Northwestern Public Law Research Paper No. 14-09, Northwestern Law & Econ Research Paper No. 14-07
Number of pages: 59 Posted: 28 Feb 2014
Martin H. Redish and Jennifer Aronoff
Northwestern University - Pritzker School of Law and Northwestern University - Pritzker School of Law
Downloads 75 (232,563)

Abstract:

due process, constitutional law, judicial elections, judicial independence, state courts, popular constitutionalism, American constitutionalism

18.

Premodern Constitutionalism

Northwestern Law & Econ Research Paper No. 15-13, Northwestern Public Law Research Paper No. 15-41
Number of pages: 73 Posted: 01 Aug 2015
Martin H. Redish and Matthew Heins
Northwestern University - Pritzker School of Law and Northwestern University - Pritzker School of Law
Downloads 61 (167,612)

Abstract:

constitutional law, constitutional theory, constitutionalism, due process; political theory, federal courts, judicial review, judicial independence, comparative law

19.

Terrorizing Advocacy and the First Amendment: Free Expression and the Fallacy of Mutual Exclusivity

Fordham Law Review, Forthcoming, Northwestern Public Law Research Paper No. 17-16
Number of pages: 37 Posted: 14 Jul 2017
Martin H. Redish and Matthew Fisher
Northwestern University - Pritzker School of Law and Northwestern University, School of Law, Students
Downloads 0 (355,960)

Abstract:

First Amendment, Threats, Unlawful Advocacy, Free Speech

20.

The Wandering Doctrine of Constitutional Fact

Northwestern Law & Econ Research Paper No. 16-13, Northwestern Public Law Research Paper No. 16-18
Number of pages: 69 Posted: 13 Aug 2016
Martin H. Redish and William Gohl
Northwestern University - Pritzker School of Law and Northwestern University, School of Law, Students
Downloads 0 (319,621)

Abstract:

Constitutional law, constitutional fact, due process, separation of powers, Article III, Supreme Court, judicial review, administrative law

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