|Prerequisites:||Basic course in Civil Procedure|
Class actions and other complicated cases present unique procedural challenges that have become an increasingly important part of the landscape of civil litigation in the United States. This course will study some of the most important issues complex litigation presents for courts and parties. It will focus primarily on class actions but will address other topics as well, including the contemporary civil justice reform movement and the rise of judicial case management. The course will address the following questions, among others: (1) How can courts bring to final resolution mass harms in a fair and efficient manner? (2) How do courts solve problems created by the intersection of mass harms with overlapping jurisdictions that enjoy concurrent adjudicatory power? (3) How do lawyers finance complex litigation? (4) How do courts manage private litigation that has public regulatory effects?
This course will pick up where a basic civil procedure course leaves off. Students who plan to have a civil practice will find this course both a useful review of important concepts from civil procedure and a helpful introduction to some of the more difficult procedural problems that commonly arise in civil litigation.
Almost entirely cases or excerpts of cases. Some law review literature as well.
|Course Format||Two 75-minute classes per week. Lecture/discussion.|
|Written Assignments||Students will have the option of writing a 25-35 page paper in lieu of the exam.|
|Type of Exam||3-4 hour exam|
|Basis for grading||Exam or paper.|