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 the rules of civil
procedure 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 also 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

PDF

The Curse of Bigness and the Optimal Size of Class Actions, Vanderbilt Law Review En Banc (2010)

How big is too big when it comes to class actions? This short essay, written...

 

PDF

Rough Justice, Draft (2010)

This Essay offers a new justification for rough justice. Rough justice, as I use the...

 

PDF

Bellwether Trials, George Washington Law Review (2008)

At the core of the controversy over mass torts lies a fundamental question: what justifies...

 

PDF

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,...

 

PDF

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...

 

Professional Ethics

PDF

Portraits of Resistance: Lawyer Responses to Unjust Proceedings, UCLA L. Rev. (2010)

This Article considers a question rarely addressed: what is the role of the lawyer in...