Assessing CAFA’s Stated Jurisdictional Policy
Anyone who addresses jurisdictional policy must contend with the fact—proclaimed at the outset of Professors Wright and Kane’s Federal Courts… Continue reading →
Issue 6
-
-
Overruling Erie: Nationwide Class Actions and National Common Law
The Class Action Fairness Act of 2005 (CAFA) reflects a sharp change of direction in contemporary thinking about federalism. It… Continue reading →
-
CAFA Settlement Notice Provision: Optimal Regulatory Policy?
Sometimes the periphery proves to be of central importance. In its infant years, the Class Action Fairness Act of 2005… Continue reading →
-
Lessons in Federalism From the 1960s Class Action Rule and the 2005 Class Action Fairness Act: "The Political Safeguards" of Aggregate Translocal Actions
What does the Class Action Fairness Act of 2005 (CAFA) teach us about federalism? A first lesson is that, when… Continue reading →
-
The Impact of the Class Action Fairness Act on the Federal Courts: An Empirical Analysis of Filings and Removals
This Article presents preliminary findings from the Federal Judicial Center’s (FJC) study of the impact of the Class Action Fairness… Continue reading →
-
Class Settlements Under Attack
Settlements dominate the landscape of class actions. The overwhelming majority of civil actions certified to proceed on a class-wide basis… Continue reading →
-
The Role of Choice of Law in National Class Actions
A number of the papers in this Symposium on the impact of the Class Action Fairness Act of 2005 (CAFA)… Continue reading →
-
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 →
-
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 →
-
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 →