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Full-Text Articles in Law
Participatory Litigation: A New Framework For Impact Lawyering, Jules Lobel
Participatory Litigation: A New Framework For Impact Lawyering, Jules Lobel
Articles
This Article argues that the manner in which class-action and impact lawyers have traditionally litigated leaves little room for class participation in lawsuits, and that a new, participatory framework can and should be adopted. Through the story of a successful class-action suit challenging California’s use of prolonged solitary confinement in its prisons, the Article demonstrates that plaintiff participation is both possible and important.
Academic literature has assumed that broad plaintiff participation in class-action and impact litigation is not achievable. Yet this Article describes how, in a key California case, attorneys actively involved the plaintiffs in all aspects of the litigation: …
Ethical Duties Of Class Counsel Also Representing Class Representatives, Nancy J. Moore
Ethical Duties Of Class Counsel Also Representing Class Representatives, Nancy J. Moore
Faculty Scholarship
In their excellent article entitled May Class Counsel Also Represent Lead Plaintiffs?,1 Professors Bruce Green and Andrew Kent explore a particular aspect of two broader questions I have also addressed: (1) who should regulate class action lawyers;2 and (2) who will regulate class action lawyers?3 I, too, focused on lawyers' conflicts of interest; however, Professors Green and Kent focus even more specifically on conflicts arising from class counsel's simultaneous representation of both the class and individual clients who are serving or will serve as class representatives. Their concern is with three particular scenarios in which the class …
The Roberts Court And Class Litigation: Revolution, Evolution, And Work To Be Done, Richard D. Freer
The Roberts Court And Class Litigation: Revolution, Evolution, And Work To Be Done, Richard D. Freer
Faculty Articles
Since 2005, when John Roberts was appointed Chief Justice, there have been startling changes to the world of class actions. Jurisdictionally, the Class Action Fairness Act of 2005 fundamentally reconfigured the allocation of class litigation between federal and state courts. Federal Rule of Civil Procedure 23, the federal class action provision, has been amended three times in the Roberts years, once in a meaningful way. Our focus, however, is on what the Roberts Court has done in the class action world through its caselaw. On that score, we have a remarkable corpus. From Shady Grove Orthopedic Associates, P.A. v. …