Reviving Judicial Gatekeeping of Aggregation: Scrutinizing the Merits on Class Certification
Richard Marcus · February 2011 79 GEO. WASH. L. REV. 324 (2011) Judges have always been gatekeepers, but their gatekeeping tasks have changed a good deal over time. Gatekeeping is central to litigation aggregation, and it is thus not surprising to find that it is also central to the Principles of the Law of Aggregate... Read More
The Future of Mass Litigation: Global Class Actions and Third-Party Litigation Funding
Deborah R. Hensler · February 2011 79 GEO. WASH. L. REV. 306 (2011) For many years after Rule 23 was adopted, the United States was not only the center of class action litigation, it was virtually the only jurisdiction that permitted class actions. Nor were large-scale aggregated proceedings common elsewhere. Since then, there has been... Read More
Aggregate Litigation Reconsidered
Roger H. Trangsrud · February 2011 79 GEO. WASH. L. REV. 293 (2011) Aggregate litigation has become an integral part of the U.S. civil justice system, used in cases as varied as civil rights, securities, and mass torts. Aggregate litigation, however, is often the cause of intense controversy among the private bar, the bench, and... Read More
Medical Marketing in the United States: A Prescription for Reform
Joshua Weiss · November 2010 79 GEO. WASH. L. REV. 260 (2010) Each year, physicians in the United States write more than three billion prescriptions, or about twelve prescriptions per American. In 2009 alone, the United States spent some $300 billion on prescription drugs. Similarly, the medical device market accounts for around $200 billion in... Read More
A Voice for the Voiceless: A Child’s Right to Legal Representation in Dependency Proceedings
Shireen Y. Husain · November 2010 79 GEO. WASH. L. REV. 232 (2010) This Note argues that Congress should amend the Child Abuse Prevention and Treatment Act (“CAPTA”) to require that all children in dependency proceedings receive competent legal representation and that this representative be required to articulate the child’s expressed wishes. The Note proposes... Read More
A New Discourse Theory of the Firm After Citizens United
Michael R. Siebecker · November 2010 79 GEO. WASH. L. REV. 161 (2010) Could a new “discourse theory” of the firm provide a better way than existing corporate law principles to understand the evolving nature of the firm and the role shareholders should play in corporate governance? Two recent developments provide a special urgency for... Read More
The Timing of Minimum Contacts
Todd David Peterson · November 2010 79 GEO. WASH. L. REV. 101 (2010) Over the course of a thirteen-year period from 1977 to 1990, the Supreme Court decided thirteen major cases on the issue of personal jurisdiction. This outpouring of opinions generated a burst of scholarly interest in the subject of personal jurisdiction and a... Read More
Is Cap-and-Trade Fair to the Poor? Shortsighted Households and the Timing of Consumption Taxes
Brian Galle & Manuel Utset · November 2010 79 GEO. WASH. L. REV. 33 (2010) Many forms of consumption tax, including recent proposals to impose a tax on the use of carbon, impose disproportionate burdens on the poor. Commentators who propose mitigating this impact with tax rebates for low-income families have overlooked the importance of... Read More
The Corporate Law Background of the Necessary and Proper Clause
Geoffrey P. Miller · November 2010 79 GEO. WASH. L. REV. 1 (2010) This Article investigates the corporate law background of the Necessary and Proper Clause. It turns out that corporate charters of the colonial and early Federal periods bristled with similar clauses, often attached to grants of rulemaking power. Analysis of these charters suggests... Read More
Setting the Supreme Court’s Agenda: Is There a Place for Certification?
Amanda L. Tyler · September 2010 78 GEO. WASH. L. REV. 1310 (2010) This Essay, drawn from remarks offered as part of a symposium on the Supreme Court, discusses the many complaints about the Supreme Court’s current certiorari practices and one recent proposal that would alter those practices. Professors Paul Carrington and Roger Cramton, like... Read More