Like the supporters of the Class Action Fairness Act (CAFA), Issacharoff and Nagareda ground their proposal in the concept of the �anomalous court.� For CAFA supporters, the concern was the �anomalous� state courts�also termed �judicial hellholes��that were willing… Expand
The Class Action Fairness Act (CAFA) has taken on its real form through construction by federal judges. That form emerges in this empirical study of judicial activity and receptivity in regard to the Act. Our data comprise the opinions under the Act published during the… Expand
Jurisdictional legislation, like the law of procedure with which it tends to be grouped, can become disembodied from the political and social con-texts in which it was enacted, the political and social contexts in which it functions, and the historical and institutional… Expand
The enactment of the Class Action Fairness Act of 2005 (CAFA) is a congressional pronouncement implying that the Erie Doctrine is seriously erroneous. In broad terms, CAFA allows class actions that have been filed in state courts and that are based on state substantive… Expand
Procedural reforms alter litigation options directly, but they alter the litigation landscape in more ways than reformers anticipate. Three years ago, Congress dramatically expanded federal jurisdiction with the Class Action Fairness Act of 2005 (CAFA), a statute drafted… Expand
The class action has come of age in America. With increasing regularity, class litigation plays a central role in discussions about theory, doctrine, and policy in the American civil justice system. The dynamics of the class action lie at the heart of current debates over… Expand
It is a daunting assignment to attempt to add something of merit to the work of Stephen Burbank and Edward Purcell, two of the leading scholars of American civil procedure and procedural reform. Their papers, though, do suggest four themes to me, which I will comment upon… Expand
The Class Action Fairness Act of 2005 (CAFA) was the product of an extended and well-organized political campaign. In Congress, its passage required a grinding eight-year effort, several modifications to the original proposal, numerous committee hearings, multiple reports… Expand
Anyone who addresses jurisdictional policy must contend with the fact�proclaimed at the outset of Professors Wright and Kane�s Federal Courts treatise�that �there is to this day no consensus as to the historical justification or the contemporary need for diversity… Expand
The Class Action Fairness Act of 2005 (CAFA) reflects a sharp change of direction in contemporary thinking about federalism. It expands federal jurisdiction substantially, placing many more state law claims into federal court. In so doing, it highlights and attempts to… Expand
Sometimes the periphery proves to be of central importance. In its infant years, the Class Action Fairness Act of 2005 (CAFA) has undergone much critical scrutiny. This Article moves us to the periphery to evaluate the largely ignored settlement notice provision. The… Expand
What does the Class Action Fairness Act of 2005 (CAFA) teach us about federalism? A first lesson is that, when confronted with state-based decision making of which they disapprove, national lawmakers federalize rights, as they have repeatedly done throughout United States… Expand
This Article presents preliminary findings from the Federal Judicial Center�s (FJC) study of the impact of the Class Action Fairness Act of 2005 (CAFA) on filings and removals of class actions in the federal courts. After setting the FJC research in the context of the… Expand
Settlements dominate the landscape of class actions. The overwhelming majority of civil actions certified to proceed on a class-wide basis and not otherwise resolved by dispositive motions result in settlement, not trial. This is far from unusual in civil litigation… Expand
A number of the papers in this Symposium on the impact of the Class Action Fairness Act of 2005 (CAFA) have focused on the allocation of state and federal authority with respect to jurisdiction over nationwide class actions. This Article takes a different perspective by…
Scholars highlight an “innocence problem” as one of plea bargaining’s chief failures. Their concerns, however, are misguided. In fact, many innocent defendants are better off in a world with plea bargaining than one without it. Plea bargaining is not the cause of… Expand
Risk-based rules are the tax system’s primary response to aggressive tax planning. They usually grant benefits only to those taxpayers who accept risk of changes in market prices (market risk) or business opportunities (business risk). Attempts to circumvent these rules… Expand
Tebbe�s Article considers whether the government may single out religious actors and entities for exclusion from its support programs. The problem of selective exclusion has recently sparked interest in lower courts and in informal discussions among scholars, but the… Expand
A cottage industry in administrative law studies the various mechanisms by which Congress, the President, and the courts exert control over administrative agencies. Restrictions on the appointment and removal of personnel, the specification of requisite procedures for… Expand
The Court�s dicta in Roper v. Simmons seem to foreclose immediate Eighth Amendment challenges to juvenile LWOP sentences. This Comment seeks to show that the Court�s recognition of three main differences between juveniles and adults leaves open to principled attack one of… Expand