Excluding Religion
Tebbe’s Article considers whether the government may single out religious actors and entities for exclusion from its support programs. The… Continue reading →
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Commentary On Class Settlements Under Attack
Like the supporters of the Class Action Fairness Act (CAFA), Issacharoff and Nagareda ground their proposal in the concept of… Continue reading →
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CAFA Judicata: A Tale of Waste and Politics
The Class Action Fairness Act (CAFA) has taken on its real form through construction by federal judges. That form emerges… Continue reading →
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The Class Action Fairness Act of 2005 in Historical Context: A Preliminary View
Jurisdictional legislation, like the law of procedure with which it tends to be grouped, can become disembodied from the political… Continue reading →
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Has the Erie Doctrine Been Repealed by Congress
The enactment of the Class Action Fairness Act of 2005 (CAFA) is a congressional pronouncement implying that the Erie Doctrine… Continue reading →
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CAFA’s Impact on Class Action Lawyers
Procedural reforms alter litigation options directly, but they alter the litigation landscape in more ways than reformers anticipate. Three years… Continue reading →
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