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Why Class Actions Are Something both Liberals and Conservatives Can Love
(Vanderbilt Law Review, 2020)
In Professor Redish's review of my new book, The Conservative Case for Class Actions, he argues that liberals should oppose the class action because the cy pres doctrine used to distribute settlement money is democratically ...
Proposed Reforms to Texas Judicial Selection: Panelist Remarks
(Lewis & Clark Law Review, 2020)
Many conservatives oppose much of the administrative state. But many also oppose much of our private enforcement regime. This raises the questions of whether conservatives believe the marketplace should be policed at all, ...
Many Minds, Many MDL Judges
(Law and Contemporary Problems, 2021)
Over his long career, Francis McGovern was a leading supporter of decentralizing the fact finding that goes on in multidistrict litigation (MDL). His advocacy of letting torts "mature" gave rise to the sampling that takes ...
Distributing Attorney Fees in Multidistrict Litigation
(Journal of Legal Analysis, 2021)
As consolidated multidistrict litigation has come to dominate the federal civil docket, the problem of how to divide attorney fees among participating firms has become the source of frequent and protracted litigation. For ...
Objector Blackmail Update: What Have the 2018 Amendments Done?
(Fordham Law Review, 2020)
In Part I of this Essay, I describe the problem of objector blackmail, why prohibiting side payments to objectors would be the best way to screen blackmail-minded objections from other objections, and why I did not think ...
A Fiduciary Judge's Guide to Awarding Fees in Class Actions
(Fordham Law Review, 2021)
It is often said that judges act as fiduciaries for the absent class members in class action litigation. If we take this seriously, how then should judges award fees to the lawyers who represent these class members? The ...
Deregulation and Private Enforcement
(Lewis & Clark Law Review, 2020)
Many conservatives oppose much of the administrative state. But many also oppose much of our private enforcement regime. This raises the questions of whether conservatives believe the marketplace should be policed at all, ...