Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 12 of 12

Full-Text Articles in Law

The Commonality Of Causation, Sergio J. Campos Jan 2020

The Commonality Of Causation, Sergio J. Campos

Articles

This essay, a version of which was given as the inaugural Goldman Endowed Lecture at Ohio Northern University School ofLaw, discusses the treatment of causation in class actions, multidistrict litigation, and similar collective litigation. Causation is a ubiquitous element of civil claims, and typically it is treated as an individual element of a claim because it is dependent on the circumstances of each individual claimant. Even if the conduct at issue in litigation is "common, " or the same, for a group of claimants, whether that conduct caused harm to a specific claimant will depend on the unique circumstances of that ...


The Uncertain Path Of Class Action Law, Sergio J. Campos Jan 2019

The Uncertain Path Of Class Action Law, Sergio J. Campos

Articles

For the past ten terms the Supreme Court has increased its focus on the law of class actions. In doing so, the Court has revised the law to better accord with a view of the class action as an exception to an idealized picture of litigation. This "exceptional" view of the class action has had a profound impact not only on class action law, but on procedural and substantive law in general. However, in the October 2015 term the Court decided three class action cases that support an alternative, 'functional" view of the class action, one that does not view ...


Discovery Disclosure And Deterrence, Sergio J. Campos, Cheng Li Jan 2018

Discovery Disclosure And Deterrence, Sergio J. Campos, Cheng Li

Articles

Courts, practitioners, and scholars have recently expressed concern over the ex post costs of discovery in civil litigation. In this Article, we develop a game theoretic model of litigant behavior to study an overlooked phenomenon-the ex ante effects of discovery on a defendant's incentive to engage in unlawful conduct. We focus on motions to seal, which limit the disclosure of discovered information to the public, but permit disclosure to the court and parties. Specifically, we examine the effect different rules regarding such motions have in deterring defendants from engaging in unlawful behavior. We show that as a rule becomes ...


Changing Course, Sergio J. Campos Jan 2017

Changing Course, Sergio J. Campos

Articles

No abstract provided.


The Class Action As Trust, Sergio J. Campos Jan 2016

The Class Action As Trust, Sergio J. Campos

Articles

No abstract provided.


Class Actions And Justiciability, Sergio J. Campos Jan 2014

Class Actions And Justiciability, Sergio J. Campos

Articles

A lingering issue in class action law concerns the case or controversy requirement of Article III, otherwise known as the requirement of justiciability. For purposes of justiciability doctrines such as standing, mootness, and ripeness, is the class action brought by all class members, some class members, or just the class representative?

This Article argues that the answer should be none of the above-it should be the class attorney. This Article first shows that the function of the class action is to assign dispositive control of, and a partial beneficial interest in, the class members' claims to the class attorney. Put ...


Class Actions All The Way Down, Sergio J. Campos Jan 2013

Class Actions All The Way Down, Sergio J. Campos

Articles

No abstract provided.


Proof Of Classwide Injury, Sergio J. Campos Jan 2012

Proof Of Classwide Injury, Sergio J. Campos

Articles

No abstract provided.


Erie As A Choice Of Enforcement Defaults, Sergio J. Campos Jan 2012

Erie As A Choice Of Enforcement Defaults, Sergio J. Campos

Articles

The Erie doctrine governs, among other things, when a federal court sitting in diversity jurisdiction may use a federal procedure that differs from the procedure a state court would use. Displacing the state procedure with the federal procedure (or not) may impact the substantive objectives of either state or federal law, but the current Erie doctrine provides little guidance. This Article argues that the Erie doctrine is best understood as governing a choice of enforcement defaults. As argued below, the primary function of civil liability is to protect a substantive entitlement to avoid the legal violation, either directly through specific ...


Mass Torts And Due Process, Sergio J. Campos Jan 2012

Mass Torts And Due Process, Sergio J. Campos

Articles

No abstract provided.


Taking The Business Out Of Work Product, Michele M. Destefano Beardslee Jan 2011

Taking The Business Out Of Work Product, Michele M. Destefano Beardslee

Articles

Over the past fifteen years, a common set of questions has surfaced in different areas of scholarship about the breadth of the corporate attorney's role: Should the corporate attorney provide business advice when providing legal advice? Should the corporate attorney provide counsel related to other disciplines such as public relations, social responsibility, morals, accounting, and/or investment banking? Should the corporate attorney prevent corporate wrongdoing? Questions like these resound in the scholarship addressing the risks and benefits of multi-disciplinary partnerships, gatekeeping, moral counseling, ancillary services, and the application of the attorney-client privilege. When looked at in combination, these segregated ...


Empirical Studies In Civil Procedure: A Selected Annotated Bibliography, Michael Chiorazzi, Barbara A. Baccari, Karen R. Cashion, Christopher R. Hart, Donald M. Nielsen, Charles M. North, William T. O'Neil Jan 1988

Empirical Studies In Civil Procedure: A Selected Annotated Bibliography, Michael Chiorazzi, Barbara A. Baccari, Karen R. Cashion, Christopher R. Hart, Donald M. Nielsen, Charles M. North, William T. O'Neil

Articles

No abstract provided.