• 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 …


  • 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. Since 1966, virtually every …

  • 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. The internal view …

  • 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. I contend that this unauthorized, unbounded device is on …

  • 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. It finds that the present cy …

  • 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 …

  • “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 …

  • 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 …

  • 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 …

  • 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 …


  • 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 …