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