Statute
Rules Enabling Act
42 published works
Class Action Countermeasures
Are Class Actions Unconstitutional? Depends Who You Ask
By The Editors
Last year, I discussed Northwestern professor Martin Redish's argument that class actions are unconstitutional. Redish had predicted--and I largely agreed--that the argument would fall on deaf ears. It turns out…
Class Action Countermeasures
Are Class Action Lawyers Paid Too Little? Still No.
By The Editors
Last year, Vanderbilt professor Brian Fitzpatrick made the bold argument that class action plaintiffs' attorneys aren't paid enough. Now, the University of Pennsylvania Law Review's online presence, PENNUmbra, has a…
Civil Procedure & Federal Courts Blog
Burbank & Wolff on Shady Grove
By Civil Procedure & Federal Courts Blog
Now in print (and available here) is Redeeming the Missed Opportunities of Shady Grove, 159 U. Penn. L. Rev. 17 (2010), by Professors Stephen Burbank (Pennsylvania) and Tobias Wolff (Pennsylvania).…
Mass Tort Litigation Blog
Recent Scholarship That Might be of Interest to Proceduralists
By joetort
Although the following pieces are not specifically aimed at mass torts, they do bear on procedure more broadly and might be of interest:Cathy Struve (Penn) has posted her article, "Institutional…
Class Action Countermeasures
Does Cy Pres Relief Violate the Rules Enabling Act?
By The Editors
Skadden attorneys John Beisner, Jessica Miller, and Jordan M. Schwartz have drafted a white paper for the Institute for Legal Reform titled "Cy Pres: A Not So Charitable Contribution to…
Civil Procedure & Federal Courts Blog
Third Annual Junior Faculty Federal Courts Workshop
By Civil Procedure & Federal Courts Blog
Last week the University of Illinois College of Law hosted the Third Annual Junior Faculty Federal Courts Workshop in Chicago. Drafts of many of the papers presented are available on…
Civil Procedure & Federal Courts Blog
Notre Dame Law Review on Shady Grove (the Annual Federal Courts, Practice & Procedure Issue)
By Civil Procedure & Federal Courts Blog
Now available on SSRN are drafts of articles that will appear in the Notre Dame Law Review’s annual Federal Courts, Practice and Procedure issue, which is scheduled to publish in…
Civil Procedure & Federal Courts Blog
SCOTUS Cert Petition of Interest: A Possible Shady Grove Sequel?
By Civil Procedure & Federal Courts Blog
Earlier this year, we covered the Supreme Court’s much-anticipated decision in Shady Grove Orthopedic Associates v. Allstate Insurance Co., 130 S. Ct. 1431 (2010), which examined the role of state…
Civil Procedure & Federal Courts Blog
Struve on the Rules Enabling Act
By Civil Procedure & Federal Courts Blog
Catherine Struve (University of Pennsylvania Law School) has posted Institutional Practice, Procedural Uniformity, and As-Applied Challenges under the Rules Enabling Act to SSRN.Abstract: Addressing the Supreme Court’s decision last Term…
Civil Procedure & Federal Courts Blog
Request for Articles
By Civil Procedure & Federal Courts Blog
The Akron Law Review is seeking articles for its upcoming symposium issue tentatively titled "Erie Under Advisement: The Doctrine After Shady Grove." The Review "seeks articles that discuss Shady Grove,…