Issue 3
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ArticleVol. 90 · Iss. 3
Merger Class Actions in Delaware and the Symptoms of Multi-Jurisdictional Litigation
Recent research on corporate litigation has focused on three trends: the growth in percentage of mergers that result in litigation, the migration of cases…
Adam B. Badawi -
ArticleVol. 90 · Iss. 3
Lies Without Liars? Janus Capital and Conservative Securities Jurisprudence
In Janus Capital Group, Inc. v. First Derivative Traders, the Supreme Court held that even if a mutual fund advisory firm had caused a…
Donald C. Langevoort -
ArticleVol. 90 · Iss. 3
The Trouble with Basic: Price Distortion after Halliburton
Many commentators credit the Supreme Court’s decision in Basic, Inc. v. Levinson, which allowed courts to presume reliance rather than requiring individualized proof, with…
Jill E. Fisch -
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 -
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