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 →
2008
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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 →
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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Has the Erie Doctrine Been Repealed by Congress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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Deadlines In Administrative Law
A cottage industry in administrative law studies the various mechanisms by which Congress, the President, and the courts exert control… Continue reading →