In a recent colloquium contribution titled “Restraining Lawyers: From ‘Cases’ to ‘Tasks’” published in Fordham Law Review, my colleague Morris Ratner, one of the most incisive voices on the intersection of the Federal Rules of Civil Procedure and the actual business model of attorney litigation, dissects the traditional “case” as the unit of measure for… Continue reading Morris Ratner on Unbundled Legal Services
Professor Scott Dodson is the rising star of his generation in civil procedure; he is one of two professors under the age of 55 who are among the top ten in the field in terms of frequency of citation. He has particularly distinguished himself in examining various aspects of the law of jurisdiction. In a… Continue reading Scott Dodson on Personal Jurisdiction over Aliens
My colleague Rick Marcus, one of the current “greats” in the world of civil procedure, recently wrote a paper called “Bending in the Breeze: American Class Actions in the Twenty-First Century.” In the paper, Professor Marcus appraises the future of the federal class action. Professor Marcus is in a good position to do so; he… Continue reading Rick Marcus on the Future of the American Class Action
My colleague Scott Dodson, one of the country’s leading civil procedure scholars, has written a fascinating new article urging a litigation role for the rules committees that draft federal procedural rules. Professor Dodson’s article, “Should the Rules Committees Have an Amicus Role?,” appears in the Virginia Law Review. The article argues that the rules committees… Continue reading Scott Dodson on Rules Committee Amicus Practice
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