CAFA & CLASS ACTION PUBLICATIONS

Below is a bibliography of journal articles, law review articles and research papers on CAFA and class action law. The entries are arranged alphabetically by author. The links provided, unless otherwise noted, are to abstracts provided by SSRN.

 

BIBLIOGRAPHY OF CAFA LAW REVIEW/JOURNAL ARTICLES

Below is a bibliography of law review and journal articles regarding CAFA. The entries are organized alphabetically by author, and links to the full texts are provided where available.

Behrens, Mark A. & Crouse, Andrew W. "The Evolving Civil Justice Reform Movement: Procedural Reforms Have Gained Steam, But Critics Still Focus on Arguments of the Past," University of Dayton Law Review (2006).

Floyd, Douglas. "The Inadequacy of the Interstate Commerce Justification for the Class Action Fairness Act of 2005," Emory Law Journal (2006).

Full Text, at Westlaw  /  Full Text, at Lexis

Joseph, Gregory P. "Federal Class Action Jurisdiction after CAFA, Exxon Mobil and Grable," Delaware Law Review (2006).

Klonoff, Robert. "The Class Action Fairness Act: An Ill-Conceived Approach to Class Settlements," Tulane Law Review (2006).

Nagareda, Richard A. "Bootstrapping in Choice of Law after the Class Action Fairness Act," Vanderbilt Public Law Research Paper No. 05-40; University of Missouri-Kansas City Law Review, Vol. 74 (Winter 2005).

Steinman, Adam N. "Sausage-Making, Pigs' Ears, and Congressional Expansions of Federal Jurisdiction: Exxon Mobil v. Allapattah and Its Lessons for the Class Action Fairness Act," Washington Law Review (2006).

 

BIBLIOGRAPHY OF CLASS ACTION LAW REVIEW/JOURNAL ARTICLES/RESEARCH PAPERS

Below is a bibliography of journal articles, law review articles and research papers on class action law. The entries are arranged alphabetically by author. The links provided, unless otherwise noted, are to abstracts provided by SSRN. Most SSRN abstract pages include links to the full texts. For articles dealing specifically with CAFA, click here.

Alexander, Janet Cooper. "Rethinking Damages in Securities Class Actions," 48 Stanford Law Review 1487 (1996).

Full Text on Westlaw

Baker, Lynn A. & Silver, Charles. "I Cut, You Choose: The Role of Plaintiffs' Counsel in Allocating Settlement Proceeds," Virginia Law Review, Vol. 84, P. 1465.

Brunet, Edward. "Class Action Objectors: Free Rider Extortionists or Fairness Guarantors," 2003 University of Chicago Legal Forum 403 (2003).

Brunet, Edward. "Improving Class Action Efficiency By Expanded Use of Parens Patriae Suits and Intervention," 74 Tulane Law Review, 1919 (2000).

Full Text on Westlaw

Coffee, John C. "Reforming the Securities Class Action: An Essay on Deterrence and its Implementation," Columbia Law and Economics Working Paper, No. 293 (March 2006).

Coffee, John C. "Class Action Accountability: Reconciling Exit, Voice, and Loyalty in Representative Litigation," Columbia Law Review (2000).

Cooper, Edward H. "The (Cloudy) Future of Class Actions," Arizona Law Review, Vol. 40, Pp. 923-963 (1998).

Edelman, Paul H., Nagareda, Richard A. & Silver, Charles. "The Allocation Problem in Multiple-Claimant Representations," Vanderbilt Law & Econ. Research Paper No. 04-18; Vanderbilt Public Law Research Paper No. 04-13; U of Texas Law and Economics Research Paper No. 033 (2004).

Eisenberg, Theodore & Miller, Geoffrey P. "Attorneys Fees in Class Action Settlements: An Empirical Study," Cornell Legal Studies Research Paper, No. 04-01 (2003); NYU, Ctr for Law and Business Research Paper, No. 03-23 (2003).

Eisenberg, Theodore & Miller, Geoffrey P. "The Role of Opt-Outs and Objectors in Class Action Litigation: Theoretical and Empirical Issues," Cornell Law School Research Paper No. 04-019 (2004); NYU, Law and Economics Research Paper No. 04-004 (2004).

Eisenberg, Theodore & Miller, Geoffrey P. "Incentive Awards to Class Action Plaintiffs: An Empirical Study," Cornell Legal Studies Research Paper No. 05-037; NYU, Law and Economics Research Paper No. 06-03 (December 2005).

Eisenberg, Theodore & Miller, Geoffrey P. "Attorney Fees in Class Action Settlements: An Empirical Study," Journal of Empirical Legal Studies, Vol. 1, pp. 27-78 (March 2004).

Abstract, at SSRN / Full Text

Erichson, Howard M. "Beyond the Class Action: Lawyer Loyalty and Client Autonomy in Non-Class Collective Representation," University of Chicago Legal Forum (2003).

Erichson, Howard M. "Doing Good, Doing Well," Vanderbilt Law Review, Vol. 57 (2004).

Erichson, Howard M. "A Typology of Aggregate Settlements," Seton Hall Public Law Research Paper No. 23 (September 14, 2004).

Erichson, Howard M. "Mississippi Class Actions and the Inevitability of Mass Aggregate Litigation," Seton Hall Public Law Research Paper No. 30; Mississippi College Law Review (forthcoming).

Erichson, Howard M. "A Typology of Aggregate Settlements," Notre Dame Law Review, Vol. 80 (2005).

Erichson, Howard M. "Comments on a Class Action Rule for Mississippi," Seton Hall Public Law Research Paper No. 29; Mississippi College Law Review (forthcoming).

Erichson, Howard M. "Coattail Class Actions: Reflections on Microsoft, Tobacco, and the Mixing of Public and Private Lawyering in Mass Litigation," University of California-Davis Law Review, Vol. 34 (Winter 2000).

Erichson, Howard M. "Informal Aggregation: Procedural and Ethical Implications of Coordination Among Counsel in Related Lawsuits," Duke Law Journal, Vol. 50 (November 2000).

Erichson, Howard M. "Mass Tort Litigation and Inquisitorial Justice," Georgetown Law Journal, Vol. 87, No. 6 (June 1999)

Erichson, Howard M. "Private Lawyers, Public Lawsuits: Plaintiffs' Attorneys in Municipal Gun Litigation," Suing the Gun Industry: a Battle at the Crossroads of Gun Control and Mass Torts, T. Lytton, ed., University of Michigan Press (2005).

Gilles, Myriam E. "Opting Out of Liability: The Forthcoming Near-Total Demise of the Modern Class Action," Cardozo Law Legal Studies Research Paper No. 100.

Hamdani, Assaf & Klement, Alon. "The Class Defense," California Law Review, Vol. 93(2005).

Hay, Bruce L. "Asymmetric Rewards: Why Class Actions (May) Settle for Too Little," Harvard Working Paper Series (October 1996).

Hensler, Deborah R. & Rowe Jr., Thomas D. "Beyond "It Just Ain't Worth It": Alternative Strategies for Damage Class Action Reform," Law and Contemporary Problems, Vol. 64 (2001).

Issacharoff, Samuel. "Governance and Legitimacy in the Law of Class Actions," Supreme Court Review (1999).

Issacharoff, Samuel. "Preclusion, Due Process, and the Right to Opt Out of Class Actions," Notre Dame Law Review (forthcoming).

Issacharoff, Samuel. "Getting Beyond Kansas," NYU Law School, Public Law Research Paper, No. 06-06; University of Missouri-Kansas City Law Review (forthcoming)

Kane, Mary Kay. "Drafting Choice of Law Rules for Complex Litigation: Some Preliminary Thoughts," Review of Litigation, 309 (1991).

Kane, Mary Kay. "Complex Litigation in the United States Courts," 7 Nihon University Comp. L. Inst. 39 (1990).

Kahan, Marcel & Silberman, Linda. "Matsushita and Beyond: The Role of State Courts in Class Actions Involving Exclusive Federal Claims," Supreme Court Review (1997).

Kane, Mary Kay. "Group Actions in Civil Procedure: The United States Experience," 38 American Journal of Complex Litigation (1990).

Klement, Alon & Neeman, Zvika. "Incentive Structures for Class Action Lawyers," Harvard Law and Economics Discussion Paper No. 329 (June 2001).

Klement, Alon. "Who Should Guard the Guardians? A New Approach for Monitoring Class Action Lawyers," The Review of Litigation, Vol. 21, P. 25 (2002).

Klement, Alon. "Private Monitoring in Common Fund Class Actions," Harvard Law and Economics Discussion Paper No. 310 (February 2001).

Klement, Alon & Neeman, Zvika. "Incentive Structures for Class Action Lawyers," The Journal of Law, Economics, and Organization, Vol. 20, No.1, pp. 102-124 (2004).

Klonoff, Robert. "Antitrust Class Actions: Chaos in the Courts," Stanford Journal of Law, Business and Finance (2005).

Klonoff, Robert. "The Twentieth Anniversary of Phillips Petroleum v. Shutts," UMKC Law Review, 433 (2006).

Klonoff, Robert. "The Adoption of a Class Action Rule: Some Issues for Mississippi to Consider," Mississippi Law Review, 261 (2006).

Klonoff, Robert. "The Judiciary's Flawed Application of Rule 23's "Adequacy of Representation" Requirement," Michigan State Law Review, 671 (2004).

Koniak, Susan P. & Cohen, George M. "Under the Cloak of Settlement," Virginia Law Review, Vol. 82, No. 2 (1996).

Abstract, at SSRN / Full Text, at JSTOR

Lahav, Alexandra. "Fundamental Principles for Class Action Governance," Indiana Law Review, (2003).

Miller, Arthur R. "Reliving and Reflecting on Shutts," University of Missouri Kansas City Law Review (forthcoming, 2006).

Miller, Geoffrey P. "Review of the Merits in Class Action Certification," NYU, Law and Economics Research Paper No. 04-011 (2004).

Miller, Geoffrey P. "Conflicts of Interest in Class Action Litigation: An Inquiry into the Appropriate Standard," NYU, Ctr for Law and Business Research Paper No. 03-16 (2003).

Miller, Geoffrey P. "Payment of Expenses in Securities Class Actions: Ethical Dilemmas, Class Counsel, and Congressional Intent," NYU Public Law and Legal Theory Research Paper Series, Research Paper No. 52; NYU Center for Law and Business Working Paper Series, Working Paper No. 02-10.

Miller, Geoffrey P & Singer, Lori. "Nonpecuniary Class Action Settlements," NYU Center for Law and Business, Working Paper No. 98-013 (February 1998).

Miller, Geoffrey P & Singer, Lori. "Nonpecuniary Class Action Settlements," Law and Contemporary Problems, Vol. 60, No. 4 (Autumn 1997 [Published: December 1998]).

Abstract, at SSRN Full Text, at Duke Law

Monaghan, Henry P. "Antisuit Injunctions and Preclusion Against Nonresident Class Members," Columbia Law Review, Vol. 98, No. 5 (1998).

Abstract, at SSRN / Full Text, at JSTOR

Mullenix, Linda. "Lessons from Abroad: Complexity and Convergence," Villanova Law Review, Vol. 46, No. 1 (Spring 2001).

Nagareda, Richard A. "Autonomy, Peace, and 'Put' Options in the Mass Tort Class Action," Harvard Law Review (2002).

Nagareda, Richard A. "Punitive Damage Class Actions and the Baseline of Tort," Wake Forest Law Review (Winter 2001).

Nagareda, Richard A. "Restitution, Rent Extraction, and Class Representatives: Implications of Incentive Awards," Vanderbilt Law and Economics Research Paper No. 06-05; UCLA Law Review, Vol. 53 (2006).

Rosenberg, David. "Avoiding Duplicative Litigation of Similar Claims: The Superiority of Class Action vs. Collateral Estoppel vs. Standard Claims Market," Harvard Law School, Public Law Research Paper No. 44; Harvard Law and Economics Discussion Paper No. 394 (2002).

Rosenberg, David. "Solving the Nuisance-Value Settlement Problem: Mandatory Summary Judgment," Harvard Law and Economics Discussion Paper No. 469; Harvard Public Law Working Paper No. 90 (March 2004).

Rosenberg, David & Sullivan, James Patrick. "Coordinating Private Class Action and Public Agency Enforcement of Antitrust Law," Harvard Law and Economics Discussion Paper No. 523 (August 2005).

Rosenberg, David. "Decoupling Deterrence and Compensation Functions in Mass Tort Class Actions for Future Loss," Virginia Law Review, Vol. 88 (2002).

Rosenberg, David. "Mass Production Goods, Torts and Justice: The Problem of Opt-Out," University of Chicago Law Forum (2003).

Rosenberg, David & Scanlon, John. "Class Actions in Mississippi: To Be or Not to (b)(3)," Harvard Public Law Working Paper No. 111 (March 2005).

Shapiro, David L. "Class Actions: The Class as Party and Client," Notre Dame Law Review, Vol. 73, No. 3 (1998).

Abstract, at SSRN, Full Text, at HeinOnline

Silver, Charles. "We're Scared to Death: Does Class Certification Subject Defendants to Blackmail?," U of Texas Law, Public Law Research Paper No. 43.

Silver, Charles. "Class Actions," Encyclopedia of Law & Economics (1999).

Wasserman, Rhonda. "Tolling: The American Pipe Tolling Rule and Successive Class Actions," (January 2006).

Wasserman, Rhonda. "Dueling Class Actions," Boston University Law Review, Vol. 80, No.2 (April 2000).

Wolff, Tobias Barrington. "Preclusion in Class Action Litigation," Columbia Law Review, Vol. 105 (2005).

Yeazell, Stephen C. "Overhearing Part of a Conversation: Shutts as a Moment in a Long Dialogue," UCLA School of Law Research Paper No. 06-19 (April 17, 2006).

Yeazell, Stephen C. "The Past and Future of Defendant and Settlement Classes in Collective Litigation," Arizona Law Review, Vol. 37, No. 4 (1997).

 

BIBLIOGRAPHY OF BOOKS ON CLASS ACTION LAW

Below is a bibliography of books on class action law. The entries are arranged alphabetically by author.

Conte, Alba. Attorney Fee Awards, 3rd ed. (Thompson-West 2004).

Conte, Alba & Newberg, Herbert B. Newberg on Class Actions, 4th ed. (Thomson-West 2002).

Jasper, Margaret C. Your Rights in a Class Action Suit (Oceana Publications 2005).

Mulheron, Rachael P. The Class Action in Common Law Legal Systems: a Comparative Perspective (Oxford 2004).

Mullenix, Linda S. Mass Tort Litigation: Cases and Materials (West Pub. Co. 1996).

Rheingold, Paul D. Mass tort litigation (Clark Boardman Callaghan, 1996).

Sanders, Joseph. Bendectin on Trial: a Study of Mass Tort Litigation Joseph Sanders (University of Michigan Press 1998).

Weinstein, Jack B. Individual Justice in Mass Tort Litigations: the Effect of Class Actions, Consolidations, and Other Multiparty Devices (Northwestern University Press 1995).

Yeazell, Stephen C. From Medieval Group Litigation to the Modern Class Action (Yale University Press 1987)