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Rick Marcus on the Future of the American Class Action

Published on: Author: Scott Dodson

My colleague Rick Marcus, one of the current “greats” in the world of civil procedure, recently wrote a paper called “Bending in the Breeze: American Class Actions in the Twenty-First Century.” In the paper, Professor Marcus appraises the future of the federal class action.   Professor Marcus is in a good position to do so; he… Continue reading

Scott Dodson on Rules Committee Amicus Practice

Published on: Author: Zach Price

My colleague Scott Dodson, one of the country’s leading civil procedure scholars, has written a fascinating new article urging a litigation role for the rules committees that draft federal procedural rules. Professor Dodson’s article, “Should the Rules Committees Have an Amicus Role?,” appears in the Virginia Law Review. The article argues that the rules committees… Continue reading

Scott Dodson on Rule 23’s Negative History

Published on: Author: Morris Ratner

In a forthcoming article in the New York University Law Review, my colleague Scott Dodson takes us through the looking glass by providing a “negative retrospective” of the class action rule that might have been. To anyone who feels comfortable with the current text of Rule 23, this is exciting and challenging reading, in part… Continue reading

Morris Ratner on Class-Action Settlement Certification in the Lower Courts

Published on: Author: Scott Dodson

My colleague Morris Ratner, who writes about complex litigation and ethics, has written an important new article, “Class Conflicts,” forthcoming in Washington Law Review. The article offers a detailed descriptive account of how lower courts have managed intraclass conflicts in class-action settlements after Amchem and Ortiz, a pair of Supreme Court cases from the 1990s… Continue reading