Topic
Civil Procedure
Posts
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CommentaryVol. 90 · Iss. 3
Managerial Judging and Substantive Law
In this Article, I examine the interface between substantive law and managerial judging. My aim is not to criticize the dominant strain of current…
Tobias Barrington Wolff -
CommentaryVol. 90 · Iss. 3
The Role of the Judge in Non-Class Settlements
What is the role of the judge in aggregate litigation? That was the question posed to Judge Alvin Hellerstein and several panelists, including myself,…
Howard M. Erichson -
ArticleVol. 90 · Iss. 3
Bankruptcy and the Future of Aggregate Litigation: The Past as Prologue?
Part I of this Article recounts the development of the law of business reorganizations and the sustained attack on bankruptcy practice that culminated in…
Troy A. McKenzie -
ArticleVol. 90 · Iss. 3
The Decline of Class Actions
This Article argues that in recent years courts have cut back sharply on plaintiffs’ ability to bring class action lawsuits, thereby undermining the compensation,…
Robert H. Klonoff -
ArticleVol. 90 · Iss. 3
Assembling Class Actions
Five times in the past few years, the Supreme Court has engaged the propriety of class actions. Taken together, these cases revisit certain core…
Samuel Issacharoff -
ArticleVol. 90 · Iss. 3
Disaggregating
This Article explores a central theme that ties together rationales to exit aggregation of tort claims: disaggregating helps to protect litigants’ substantive rights and…
Elizabeth Chamblee Burch -
ArticleVol. 90 · Iss. 3
The 9/11 Litigation Database: A Recipe for Judicial Management
The terrorist attacks on the Twin Towers on September 11, 2001, presented the American legal system with unprecedented challenges regarding whether, and how, to…
Alvin K. Hellerstein, James A. Henderson Jr. & Aaron D. Twerski -
ArticleVol. 90 · Iss. 3
The History of the Modern Class Action, Part I: Sturm Und Drang, 1953–1980
This Article proceeds as follows. Part I describes the regulatory and adjectival conceptions and the dilemma of class action governance, some necessary table-setting before…
David Marcus -
NoteVol. 90 · Iss. 2
Purpose and Intent: Seeking A More Consistent Approach to Stream of Commerce Personal Jurisdiction
The stream of commerce theory of personal jurisdiction has existed in a state of confusion and uncertainty for more than a quarter of a…
Shane Yeargan -
NoteVol. 89 · Iss. 6
The Unwarranted Weight of a “Paper Barrier”: A Proposal to Ax the Apex Doctrine
Lee Iacocca is one of the most recognizable CEOs in the world, linked with both Chrysler’s successful revival and the Ford Pinto’s unenviable infamy.…
Amalia L. Lam -
ArticleVol. 89 · Iss. 2
Judges Who Settle
This Article develops a construct of judges as gatekeepers and a set of principles to guide them in policing aggregate and derivative litigation. Part…
Hillary A. Sale