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Articles 1 - 6 of 6

Full-Text Articles in Law

Class Action Myopia, Maureen Carroll Feb 2016

Class Action Myopia, Maureen Carroll

Articles

Over the past two decades, courts and commentators have often treated the class action as though it were a monolith, limiting their analysis to the particular class form that joins together a large number of claims for monetary relief This Article argues that the myopic focus on the aggregated-damages class action has led to undertheorization of the other class-action subtypes, which serve far different purposes and have far different effects, and has allowed the ongoing backlash against the aggregated-damages class action to affect the other subtypes in an undifferentiated manner. The failure to confine this backlash to its intended target ...


Saving The Public Interest Class Action By Unpacking Theory And Doctrinal Functionality, Suzette M. Malveaux Jan 2016

Saving The Public Interest Class Action By Unpacking Theory And Doctrinal Functionality, Suzette M. Malveaux

Articles

No abstract provided.


Deconstructing Juryless Fact-Finding In Civil Cases, Shaakirrah R. Sanders Jan 2016

Deconstructing Juryless Fact-Finding In Civil Cases, Shaakirrah R. Sanders

Articles

In many states, legislatures have mandated juryless fact-finding in common law– based civil cases by imposing compensatory damage caps that effectively lessen the jury’s traditional and historic role as injury valuator. The primary purpose of most caps was to reign in “excessive” civil jury verdicts, which allegedly caused “skyrocketing” medical malpractice insurance premiums and litigation costs. But no legislatively imposed cap is triggered by a preliminary finding of excessiveness. Trial judges have no authority to determine whether application of a cap is just or fair to the (often) severely injured plaintiff. Despite a shared interpretive methodology with regards to ...


Shadow Judges: Staff Attorney Adjudication Of Prisoner Claims, Katherine Macfarlane Jan 2016

Shadow Judges: Staff Attorney Adjudication Of Prisoner Claims, Katherine Macfarlane

Articles

Prisoners bring over twenty percent of the civil cases filed in federal district courts, predominantly seeking redress for violations of their civil rights, or release from prison under habeas corpus. Because most prisoners (around ninety-three percent) proceed pro se in their federal civil litigation, they are already at a disadvantage. The deck is stacked against prisoner plaintiffs in other systemic ways. Local rules, general orders, and even district courts’ job postings suggest that when a plaintiff is a pro se prisoner the plaintiff is denied an Article III judge. Judicial tasks that must be performed in prisoners’ cases, from administration ...


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

The Class Action As Trust, Sergio J. Campos

Articles

No abstract provided.


Colorado Rule Of Evidence 502: Preserving Privilege And Work Product Protection In Discovery, Christopher B. Mueller, Ronald J. Hedges, Lino S. Lipinsky Jan 2016

Colorado Rule Of Evidence 502: Preserving Privilege And Work Product Protection In Discovery, Christopher B. Mueller, Ronald J. Hedges, Lino S. Lipinsky

Articles

No abstract provided.