As class certification wanes, plaintiffs’ lawyers resolve hundreds of thousands of individual lawsuits through aggregate settlements in multidistrict litigation. But without class actions, formal rules are scarce and judges rarely scrutinize the private agreements that result. Meanwhile, the...

Article III of the Constitution grants federal district judges, appellate court judges, and Supreme Court Justices important constitutional protections (lifetime tenure and no salary diminution) to guarantee their independence. However, the Supreme Court has allowed Congress to create, under...

Based on interviews of all UK based third party litigation funders the paper provides new empirical evidence on the nature, extent and type of third party funding of litigation. It also examines the emergence of new group or class action third party funders in Europe focused primarily on...

The distribution of blockbuster punitive damages awards has fat tails similar to the distributions of losses from natural disasters. Extremely large awards occur more often and are more difficult to predict than if blockbuster awards were distributed normally. The size and predictability of...

This paper takes an early look at the concussion-related issue for the NFL on how to take care of former NFL players who are currently suffering, often because of concussions they sustained while playing in the NFL. It discusses the Merril Hoge suit, the first case in the US based on a team...

Conflict of Laws has guided nations, individual lawmakers, lawyers, and scholars for centuries. The discipline's rigorous analytical doctrines assist in resolving power clashes among governments and facilitate deep reflection on modes of legal regulation, governmental structure, and the nature...

Qualified immunity for police officers in the United States is a broken legal doctrine that needs Congressional legislative remedy; however, police qualified immunity does not need to be eliminated. It must be reformed. Over the past 4 months of diligent and focused research, analysis, and...

A festering ambiguity buried within the thirteenth chapter of the Bankruptcy Code threatens to shadow future rehabilitations of any mixed-use development owned by one or more individuals or proprietorships eligible to file for relief under that chapter. The reason for this pendant danger...

Amongst the group of related sections touching upon the creation and administration of a plan of debt adjustment pursuant to Chapter 13 of the Bankruptcy Code (“Code”), just one—§ 1329—concerns post-confirmation modification. This section’s first lettered paragraph enumerates the...