Administrative War
Mariano-Florentino Cuéllar · October 2014 82 GEO. WASH. L. REV. 1343 (2014) This Article takes up an issue with major implications for American administrative law, political development, and security studies: what happened to the American administrative state during and immediately after World War II, and what were the consequences of this period? As the Roosevelt Administration rushed... Read More
Chevron and Legislative History
John F. Manning · October 2014 82 GEO. WASH. L. REV. 1517 (2014) The Court’s decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. presupposes that when Congress leaves indeterminacy in an organic act, that indeterminacy reflects an implicit delegation of power to the agency to fill in the details of statutory meaning. Accordingly, a... Read More
Why Who Does What Matters: Governmental Design and Agency Performance
David A. Hyman & William E. Kovacic · October 2014 82 GEO. WASH. L. REV. 1446 (2014) How should the federal government be organized—and who (i.e., which departments, agencies, bureaus, and commissions) should do what? The issue is not new: President James Madison addressed governmental organization in his 1812 State of the Union Address, and, in the... Read More
The Puzzle of Class Actions with Uninjured Members
Joshua P. Davis, Eric L. Cramer, and Caitlin V. May · May 2014 82 GEO. WASH. L. REV. 858 (2014) A puzzle has developed regarding class action doctrine. A number of recent judicial decisions have reaffirmed that classes may be certified under Federal Rule of Civil Procedure 23(b)(3) even if they contain members who have... Read More
Classwide Recoveries
Joshua P. Davis · May 2014 82 GEO. WASH. L. REV. 890 (2014) Classwide recoveries can have important advantages over individual recoveries. They can, for example, allow plaintiffs to pursue litigation when individual actions would be uneconomical, and they can make possible a statistical approach that is often not feasible in ordinary litigation. This Article... Read More
Class Actions and Access to Justice
Roger H. Trangsrud · May 2014 82 GEO. WASH. L. REV. 595 (2014) Class actions serve a vital role: they facilitate the adjudication of rights that would never see the inside of a courtroom if there were not an effective mechanism to aggregate small-value claims. However, the power of the class action also leads to... Read More
Fact Determination in Rule 23 Class Actions
Geoffrey C. Hazard, Jr. · May 2014 82 GEO. WASH. L. REV. 990 (2014) Considerable complication and difficulty has been experienced in Rule 23 litigation because of uncertainty about the authority of the court to make fact determinations, particularly in connection with the issue of class certification. The assumption has been that the Supreme Court’s... Read More
The Problem of Settlement Class Actions
Howard M. Erichson · May 2014 82 GEO. WASH. L. REV. 951 (2014) This Article argues that class actions should never be certified solely for purposes of settlement. Contrary to the widespread “settlement class action” practice that has emerged in recent decades, contrary to current case law permitting settlement class certification, and contrary to recent... Read More
“No Injury” Plaintiffs and Standing
Edward Sherman · May 2014 82 GEO. WASH. L. REV. 834 (2014) American courts have wrestled with the issue of standing in lawsuits where there is a question as to whether the plaintiff has an “injury in fact.” The issue has developed differently depending on the context. The issue arose in mass tort suits where... Read More
Class Actions for Monetary Relief Under Rule 23(b)(1)(A) and (b)(1)(B): Does Due Process Require Notice and Opt-Out Rights?
Robert H. Klonoff · May 2014 82 GEO. WASH. L. REV. 798 (2014) The courts are in disarray regarding the due process rights of absent class members in mandatory Rule 23(b)(1)(A) and (b)(1)(B) class actions involving money damages. That confusion is the result of a series of Supreme Court decisions, culminating in Wal-Mart Stores, Inc.... Read More