The Class Action Fairness Act in Perspective: The Old and the New in Federal Jurisdictional Reform
The Class Action Fairness Act of 2005 (CAFA) was the product of an extended and well-organized political campaign. In Congress,… Continue reading →
Issue 6
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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 →
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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 →
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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 →
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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 →