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Full-Text Articles in Law
With Apologies To Paxton Blair, Peter B. Rutledge
With Apologies To Paxton Blair, Peter B. Rutledge
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Much has been written on the forum non conveniens doctrine, yet I nonetheless believe that recent developments in related areas still enable scholars to offer an original perspective on the subject. In this brief essay, I advance the following thesis: the forum non conveniens doctrine developed in response to a specific set of doctrines and specific social phenomena. The waning of some of those doctrines have diminished though not altogether eliminated the need for forum non conveniens, which always has had a suspect status following Erie’s declaration that there is “no federal general common law.” While it is most certainly …
Disaggregating, Elizabeth Chamblee Burch
Disaggregating, Elizabeth Chamblee Burch
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Commonality is a defining characteristic of mass-tort litigation. But mass-tort claimants typically do not share enough in common to warrant class certification. That is, commonality does not predominate. Yet, without class certification, judges cannot conclude these cases as a unit absent a private settlement.
This paradox prompts two questions. First, what level of commonality justifies aggregating mass torts, shorn of Rule 23’s procedural protections? And, second, should the federal judicial system continue to centralize claims with nominal commonality when judges typically cannot resolve them collectively absent a private settlement? This Article’s title suggests one answer: if minimal commonality continues to …
Harmonization Of Procedure: Theory And Practice, Thomas O. Main
Harmonization Of Procedure: Theory And Practice, Thomas O. Main
Scholarly Works
Review of Kramer & Rhee, Civil Litigation in a Globalizing World (2012).