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 →
2008
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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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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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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 →
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In Memoriam: William S. Stevens
We are sorry to note that William S. Stevens, member of the University of Pennsylvania Law School Class of 1975… Continue reading →
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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 →
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Jurisdiction And The Federal Rules: Why The Time Has Come To Reform Finality By Inequitable Deadlines
Over seventy years ago, the creation of the Federal Rules of Civil Procedure represented the triumph of equity over the… Continue reading →
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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 →
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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 →