Topic
Class Actions
Posts
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ArticleVol. 103 · Iss. 3
Artificial Intelligence and Aggregate Litigation
The era of AI litigation has begun, and a fundamental tension has emerged. AI tools operate at unprecedented scale, creating mass harms that favor…
Daniel Wilf-Townsend -
NoteVol. 101 · Iss. 3
Confounding Interests: Next-Best Alternatives to the Unattainable Notion of Complete Fairness in Cy-Pres-Only Class Action Settlements
Taken to its idealistic extent, the American legal system is designed to provide relief from harms through an efficient, effective, and fair process. It…
Lauryn Masters -
ArticleVol. 100 · Iss. 6
Recent Developments in Mandatory Arbitration Warfare: Winners and Losers (So Far) in Mass Arbitration
Introduction Mass arbitration has sent shock waves through the civil justice system and unnerved the defense bar. To see how quickly and dramatically this…
J. Maria Glover -
ArticleVol. 100 · Iss. 3
The Undemocratic Class Action
Abstract Class actions can have profound effects. But theorists, policymakers, and judges have long worried that attorneys can use them for their own advantage,…
Nicholas Almendares -
CommentaryVol. 88 · Iss. 1
Justice Souter and the Civil Rules
On April 30, 2009, after almost twenty years on the U.S. Supreme Court, Justice David Hackett Souter announced his retirement. A quiet personality never…
Scott Dodson -
ArticleVol. 94 · Iss. 3
Judging Aggregate Settlement
While courts historically have taken a hands-off approach to settlement, judges across the legal spectrum have begun to intervene actively in “aggregate settlements”—repeated settlements…
David M Jaros & Adam S. Zimmerman -
ArticleVol. 93 · Iss. 2
Event Studies in Securities Litigation: Low Power, Confounding Effects, and Bias
An event study is a statistical method for determining whether some event—such as the announcement of earnings or the announcement of a proposed merger—is…
Alon Brav & J. B. Heaton -
ArticleVol. 93 · Iss. 2
Price Impact, Materiality, and Halliburton II
The Supreme Court decision in Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014), reaffirmed the availability of the fraud-on-the-market…
Allen Ferrell & Andrew Roper -
ArticleVol. 93 · Iss. 2
Market Intermediation, Publicness, and Securities Class Actions
Securities class actions play a crucial, if contested, role in the policing of securities fraud and the protection of securities markets. The theoretical understanding…
Hillary A. Sale & Robert B. Thompson -
ArticleVol. 93 · Iss. 2
Federal Securities Fraud Litigation as a Lawmaking Partnership
In its most recent Halliburton II decision, the Supreme Court rejected an effort to overrule its prior decision in Basic Inc. v. Levinson. The…
Jill E. Fisch -
ArticleVol. 93 · Iss. 2
Distortion Other Than Price Distortion
The fraud-on-the-market doctrine adopted in Basic Inc. v. Levinson (“Basic”) allows the plaintiff suing under Rule 10b-5 to satisfy the reliance requirement by showing…
Urska Velikonja -
ArticleVol. 93 · Iss. 2
The Intersection of Fee-Shifting Bylaws and Securities Fraud Litigation
This Article examines the intersection of fee-shifting bylaws and federal private securities fraud suits. Specifically, this Article hypothesizes about the effects fee-shifting bylaws would…
William K. Sjostrom Jr.