June 30, 2020

Lewis & Clark Law Review Publishes Class Actions Symposium Issue

The Lewis & Clark Law Review has published Volume 24, Issue 2 and all articles are available online. The Symposium issue is a collection of articles that were presented at the “Class Actions, Mass Torts, and MDLs: the Next 50 Years” symposium.

The Lewis & Clark Law Review has published Volume 24, Issue 2 and all articles are available online. The Symposium issue is a collection of articles that were presented at the “Class Actions, Mass Torts, and MDLs: the Next 50 Years” symposium held at the law school on November 1-2, 2019 and co-hosted by the Pound Civil Justice Institute, including Professor Klonoff’s interview of legendary civil procedure professor Arthur Miller.

“These articles, taken together, provide a rich overview of the myriad important issues that are likely to dominate the aggregate litigation landscape for the next 50 years,” stated Robert Klonoff in the foreword to this issue.

The following articles and authors are published in this issue:

Preface by Jennie Lee Anderson

Foreword by Robert Klonoff

Texas MDL

Theodore Rave & Zachary D. Clopton

The Persistence and Uncertain Future of the Public Interest Class Action

David Marcus

What Do MDL Leaders Do? Evidence from Leadership Appointment Orders

David L. Noll

Layers of Lawyers: Parsing the Complexities of Claimant Representation in Mass Tort MDLs

Lynn A. Baker & Stephen J. Herman

Procedural Self-Inflicted Wounds?

Joshua P. Davis & Brian J. Devine

Multidistrict Litigation and Common Law Procedure

Alexandra D. Lahav

What Is a Fair Price for Objector Blackmail? Class Action Objectors and the 2018 Amendments to Rule 23

Elizabeth J. Cabraser & Adam N. Steinman

In Defense of the Cy-Pres-Only Class Action

Robert G. Bone

The Importance of Cy Pres in Modern Class Action Jurisprudence and Myths Concerning Its Use

Gerson H. Smoger

Collective Preclusion and Inaccessible Arbitration: Data, Non-Disclosure, and Public Knowledge

Judith Resnik, Stephanie Garlock, and Annie J. Wang

Deregulation and Private Enforcement

Brian T. Fitzpatrick

Symposium Interview on Aggregate Litigation

Arthur R. Miller & Robert Klonoff

Multidistrict Litigation and Personal Jurisdiction

Zachary T. Nelson