My research is concerned with procedural justice. One of my areas of interest is innovative procedural mechanisms that can assist judges in solving complex cases. One example of such an innovative mechanism is the bellwether trial, where a judge will hold a series of representative trials and extrapolate the results to a larger class of litigants. I am particularly interested in the relationship between civil procedure rules and American democracy -- what do our rules for litigating say about the way we conceive the role of the courts in our democracy? I am currently researching lawyer responses to procedural injustice, focusing on examples from the American experience. To what extent are lawyers coopted by the unjust system when they participate, and what possibilities are there for lawyer resistance to injustice inside that system?
Complex Litigation
Bellwether Trials, George Washington Law Review (2008)
At the core of the controversy over mass torts lies a fundamental question: what justifies...
Recovering the Social Value of Jurisdictional Redundancy, Tulane Law Review (2008)
This essay, written for the Tulane Law Review Symposium on the Problem of Multidistrict Litigation,...
The Law and Large Numbers: Preserving Adjudication in Complex Litigation, Florida Law Review (2007)
This Article describes how the power to regulate tortfeasors has been transferred from the courts...