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Full-Text Articles in Law
The Class Abides: Class Actions And The "Roberts Court", Elizabeth J. Cabraser
The Class Abides: Class Actions And The "Roberts Court", Elizabeth J. Cabraser
Akron Law Review
This Article does not delve deeply into the substantive issues of Wal-Mart, Concepcion, or Italian Colors...My focus is on how Rule 23 has fared, structurally and practically, in the aftermath of the “common answer” formulation of Wal-Mart; three other decisions of the Roberts Court, Dukes, Amgen, and Comcast; and three cases that the Roberts Court did not ultimately take in the wake of Amgen and Comcast: its denials of review in Whirlpool, Butler, and Deepwater. Also discussed is the newly intense debate on the use of cy pres, catalyzed by Chief Justice Roberts’ extraordinary “Statement” accompanying the denial of certiorari …
Maintaining Uniform Federal Rules: Why The Shady Grove Plurality Was Right, Mark P. Gaber
Maintaining Uniform Federal Rules: Why The Shady Grove Plurality Was Right, Mark P. Gaber
Akron Law Review
This Article examines the Court’s decision in Shady Grove, concluding that Justice Scalia’s plurality opinion has the better argument—his approach is the most consonant with precedent and the least disruptive to the careful balance the Court has struck with its Erie line of cases. Part II examines Justice Scalia’s plurality opinion, and considers its strengths and weaknesses. I then turn to Justice Ginsburg’s dissenting opinion, concluding that it rests on a fundamental misapplication of the Erie doctrine, though she admirably attempts to give teeth to the substantive rights limitation of the Rules Enabling Act—a limitation that the Erie doctrine admittedly …