• 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.… Read More


  • Putting Proponents to Their Proof: Evidentiary Rules at Class Certification -

    Linda S. Mullenix · May 2014
    82 GEO. WASH. L. REV. 606 (2014)

    One of the most often cited precepts at class certification hearings—when courts hold such hearings—is that the rules of evidence do not apply.… Read More

  • The Misguided Search for Class Unity -

    Robert G. Bone · May 2014
    82 GEO. WASH. L. REV. 651 (2014)

    This Article focuses on a conflict at the core of federal class action law between an “internal” and an “external” view of the class.… Read More

  • The Unruly Class Action -

    Laura J. Hines · May 2014
    82 GEO. WASH. L. REV. 718 (2014)

    This Article examines the modern “issue class action” and its tenacious existence in a hostile class action landscape.… Read More

  • Cy Pres and the Optimal Class Action -

    Jay Tidmarsh · May 2014
    82 GEO. WASH. L. REV. 767 (2014)

    This Article examines the problem of cy pres relief in class actions through the lens of optimal claim structure and class membership.… 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.… 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.… 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 proposals that would extend and facilitate settlement class actions, this Article contends that settlement class actions are ill-advised as a matter of litigation policy and illegitimate as a matter of judicial authority.… 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.… 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 not suffered cognizable injury.… 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.… Read More