Add to ORKGUsing examples from the law of res judicata, class actions, and personal jurisdiction, I show how the model of the civil litigant that a decision maker chooses to embrace has significant implications for procedural design. I also question whether the Roberts Court’s autonomous individual model should have prevailed to the extent that it has. Judge Weinstein’s procedural vision harkens from another era, one that tolerated creative procedural experiments as courts tried to harness litigation to respond to problems of a mass, globalized economy and society. This time has ended, but whether it should have lapsed remains unsettled. The Roberts Court’s procedural approach lacks a sufficient doctrinal, historical, or normative foundation to reject...
There is a growing movement in the federal courts to redress the grievances of groups, rather than i...
In one of the most famous law review articles ever written, The Role of the Judge in Public Law Liti...
In one of the most famous law review articles ever written, The Role of the Judge in Public Law Liti...
Using examples from the law of res judicata, class actions, and personal jurisdiction, I show how th...
Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individua...
When the same defendant harms many people in similar ways, a plaintiff’s ability to meaningfully par...
When the same defendant harms many people in similar ways, a plaintiff’s ability to meaningfully par...
When a federal court resolves equipoise in its effort to determine the contours of a litigant class ...
How much participation should a procedurally just court system offer litigants? This question has al...
How much participation should a procedurally just court system offer litigants? This question has al...
When the same defendant harms many people in similar ways, a plaintiff’s ability to meaningfully par...
When the same defendant harms many people in similar ways, a plaintiff’s ability to meaningfully par...
From their origins until the present date, class actions have rested on the assumption that those wi...
From their origins until the present date, class actions have rested on the assumption that those wi...
There is a growing movement in the federal courts to redress the grievances of groups, rather than i...
There is a growing movement in the federal courts to redress the grievances of groups, rather than i...
In one of the most famous law review articles ever written, The Role of the Judge in Public Law Liti...
In one of the most famous law review articles ever written, The Role of the Judge in Public Law Liti...
Using examples from the law of res judicata, class actions, and personal jurisdiction, I show how th...
Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individua...
When the same defendant harms many people in similar ways, a plaintiff’s ability to meaningfully par...
When the same defendant harms many people in similar ways, a plaintiff’s ability to meaningfully par...
When a federal court resolves equipoise in its effort to determine the contours of a litigant class ...
How much participation should a procedurally just court system offer litigants? This question has al...
How much participation should a procedurally just court system offer litigants? This question has al...
When the same defendant harms many people in similar ways, a plaintiff’s ability to meaningfully par...
When the same defendant harms many people in similar ways, a plaintiff’s ability to meaningfully par...
From their origins until the present date, class actions have rested on the assumption that those wi...
From their origins until the present date, class actions have rested on the assumption that those wi...
There is a growing movement in the federal courts to redress the grievances of groups, rather than i...
There is a growing movement in the federal courts to redress the grievances of groups, rather than i...
In one of the most famous law review articles ever written, The Role of the Judge in Public Law Liti...
In one of the most famous law review articles ever written, The Role of the Judge in Public Law Liti...