Has the Erie Doctrine Been Repealed by Congress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 →
Volume 156 (2007-2008)
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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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Federal Jurisdiction and Due Process in the Era of the Nationwide Class Action
The class action has come of age in America. With increasing regularity, class litigation plays a central role in discussions… Continue reading →
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Procedure, Politics, Prediction, and Professors: A Response to Professors Burbank and Purcell
It is a daunting assignment to attempt to add something of merit to the work of Stephen Burbank and Edward… Continue reading →
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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 →
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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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Punishing the Innocent
Scholars highlight an "innocence problem" as one of plea bargaining’s chief failures. Their concerns, however, are misguided. In fact, many… Continue reading →