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In 2009, the Third Circuit decided Hydrogen Peroxide, which announced a more rigorous standard under Federal Rule of Civil Procedure 23(b)(3) for assessing whether a putative class could establish antitrust injury. Earlier this year, the Supreme Court decided Comcast v. Behrend, a case that carries potentially broad implications for both antitrust cases and Rule 23(b)(3) class actions generally. A review of the case law starting with Hydrogen Peroxide and continuing through Comcast and its progeny reveals the new rigor in antitrust class action decisions and suggests what the future may hold, including the type of arguments that may provide defendants the most likely chance of defeating class certification. After Comcast, rigor under 23(b)(3) can no longer be avoided in assessing all class actions questions, and courts should now apply Daubert fully in the class setting concerning both impact and damages. Courts should also closely evaluate plaintiffs’ proposed methodologies for proving impact to determine if they apply to each class member. Finally, courts will inevitably have to determine how rigorously to scrutinize experts’ damages methodologies and whether Comcast requires or suggests more scrutiny in assessing common evidence for measuring damages.

This article responds to James Keyte, Paul Eckles, and Karen Lent’s article “From Hydrogen Peroxide to Comcast: The New Rigor in Antitrust Class Actions” (“The New Rigor”). It argues that The New Rigor offers valuable strategic advice to defense counsel – and insight into defense counsel’s strategic thinking – but is much less effective as an objective statement of the law or a normative argument for legal reform. In the parlance that I adopt, The New Rigor succeeds in the role of coach but much less so in the roles of commentator and critic.

The rapid growth of foreign private lending to microfinance institutions (MFIs) in the past several years has led to a surprising reversal of roles between government-owned development agencies and private lenders. Development institutions [International Financial Institutions (IFIs)] are concentrating their loans in the strongest MFIs, leaving private lenders to look for opportunities among smaller, riskier borrowers. Development institutions are “crowding” private lenders out of the best MFIs.

In April 2007, Banco Compartamos of Mexico held a public offering of its stock in which insiders sold 30 percent of their holdings. The sale was over-subscribed by 13 times, and Compartamos was soon worth $1.6 billion (for details of the story, see Rosenberg, 2007; Malkin, 2008; Accion International, 2007). A month before the offering, the Economist (2007) had written: “Compartamos may not be the biggest bank in Mexico, but it could be the most important.” Compartamos’ claim to importance stems from its clients – not from their elite status, but from the opposite. The bank describes them as low-income women, taking loans to support tiny enterprises like neighborhood shops or tortilla-making businesses. The loans the women seek are small – typically hundreds of dollars rather than many thousands – and the bank requires no collateral. It is a version of “microfinance,” the idea associated with Muhammad Yunus and Grameen Bank of Bangladesh, winners of the 2006 Nobel Peace Prize. For Yunus, microfinance can unleash the productivity of cash-starved entrepreneurs and raise their incomes above poverty lines. It is a vision of poverty reduction that centers on self-help rather than direct income redistribution.

There is an abundance of empirical evidence on the positive effects of employment – and the detrimental effects of unemployment – on individuals’ psychological and physical health and well-being. In this chapter, the authors explore whether and how self-employment or entrepreneurship could be a solution for individuals’ (re)entry to the job market and which (psychological) variables enhance the likelihood of entrepreneurial success. Specifically, the authors first focus on unemployment and its detrimental effects for health and wellbeing, and outline the existing interventions aimed at assisting reemployment and combating the negative consequences of unemployment for individuals’ well-being. Then, the authors will explore entrepreneurship as a potential solution to unemployment and explore the psychological variables that enhance the likelihood of entrepreneurial success. One of the variables the authors highlight as particularly relevant for self-employment is the second-order construct of Psychological Capital (PsyCap; Luthans, Avolio, Avey, & Norman, 2007), as well as its individual components – hope, optimism, efficacy, and resilience. PsyCap is a malleable construct that can be successfully trained, and PsyCap interventions are inherently strength-based and have positive effects on employees’ and entrepreneurs’ performance and wellbeing. Therefore, the authors end the chapter by suggesting that a PsyCap component in existing education and training programs for entrepreneurship is likely to not only increase entrepreneurial intentions and success, but also increases participants’ well-being, self-esteem, and the general confidence they can pick up the reigns and take back control over their (professional) lives.

Although there is great potential for diversity, library and information science (LIS) is a relatively homogenous profession. Increasing the presence of librarians of color may help to improve diversity within LIS. However, recruiting ethnic minorities into LIS has proven to be difficult despite various initiative including scholarships, fellowships, and locally focused programs. The central questions explored in this research can be divided into two parts: (1) Why do ethnic minorities choose librarianship as a profession? (2) What would motivate members of minority groups to join a profession in which they cannot see themselves?

The research was conducted through semi-structured, qualitative interviews of 32 ethnic minority students from one of four ethnic minority groups (African American, Asian American, Hispanic/Latino, and Native American) currently enrolled in an LIS graduate program. Eleven themes emerged from the data: libraries, librarians, library work experience, LIS graduate program, career plans and goals, education and family, support, mentors, ethnicity and community, acculturation, and views of diversity.

The findings seem to support many assumptions regarding expectations and career goals. The findings related to libraries, librarians, mentors, and support illustrate that many recruitment initiatives are starting in the right place. However, the most noteworthy findings were those that centered on identity, acculturation, and diversity because they dealt with issues that are not often considered or discussed by many in the profession outside of ethnic minority organizations.

This chapter presents a theoretical and evidence-based investigation of the contribution that national educational systems make to the development of and transition to a knowledge economy in the Arabian Gulf, generally, and Saudi Arabia, specifically. The challenges to creating an Arabian Gulf knowledge economy are twofold. One is a functional and structural challenge of developing a knowledge economy-oriented mass education system. The other is a cultural and contextual challenge of aligning Arabian Gulf expectations, traditions, and norms with institutionalized expectations for knowledge economies. The knowledge economy development challenge that is specific to national versus non-national Gulf populations, information and communication technology (ICT), and formal mass education systems is highlighted. The chapter concludes with a discussion of the role that national innovation systems play in knowledge economy development in the Arabian Gulf countries.

Over the past two decades, institutions that make microloans to low-income borrowers in developing and transition economies have focused increasingly on making their lending operations financially sustainable by charging interest rates that are high enough to cover all their costs. They argue that doing so will best ensure the permanence and expansion of the services they provide. Sustainable (i.e., profitable) microfinance providers can continue to serve their clients without needing ongoing infusions of subsidies and can fund exponential growth of services for new clients by tapping commercial sources, including deposits from the public.