In a forthcoming article in the New York University Law Review, my colleague Scott Dodson takes us through the looking glass by providing a “negative retrospective” of the class action rule that might have been. To anyone who feels comfortable with the current text of Rule 23, this is exciting and challenging reading, in part… Continue reading Scott Dodson on Rule 23’s Negative History
My colleague Morris Ratner, who writes about complex litigation and ethics, has written an important new article, “Class Conflicts,” forthcoming in Washington Law Review. The article offers a detailed descriptive account of how lower courts have managed intraclass conflicts in class-action settlements after Amchem and Ortiz, a pair of Supreme Court cases from the 1990s… Continue reading Morris Ratner on Class-Action Settlement Certification in the Lower Courts
Welcome to the new Scholarship Blog at UC Hastings College of the Law. The blog is meant to disseminate the ideas of the thought leaders here at UC Hastings to readers of all stripes: academics, lawmakers, practitioners, judges, and others. We have modeled this blog on the successful JOTWELL model in two ways. First, the… Continue reading Hello world!