Volume XVIII Number 4 (Fall 2005)

FTC Workshop—Protecting Consumer Interests in Class Actions, September 13-14, 2004

Workshop Transcripts

Panel 1: The Use of “Coupon” Compensation and Other Non-Pecuniary Redress

Panel 2: Tools for Ensuring that Settlements Are “Fair, Reasonable, and Adequate”

Panel 3: Clear Notices, Claims Administration and Market Makers

Panel 4: Class Action Attorneys’ Fees: Compensating Lawyers While Protecting Consumers

Panel 5: Special Ethics Concerns in Class Action Litigation

Panel 6: Empirical Analysis of Class Action Trends: Current Knowledge and Future Research Agendas

Panel 7: Class Actions as an Alternative to Regulation: The Unique Challenges Presented by Multiple Enforcers and Follow-On Lawsuits

Articles

Coupon Settlements: The Emperor’s Clothes of Class Actions, by Steven B. Hantler & Robert E. Norton

Do You Really Want Me to Know My Rights? The Ethics Behind Due Process in Class Action Notice Is More Than Just Plain Language: A Desire to Actually Inform, by Todd B. Hilsee, Shannon R. Wheatman, Ph.D., & Gina M. Intrepido

To Certify or Not: A Modest Proposal for Evaluating the “Superiority” of a Class Action in the Presence of Government Enforcement, by D. Bruce Hoffman

The Need to Study Coupon Settlements in Class Action Litigation, by Christopher R. Leslie

Government Action and the Superiority Requirement: A Potential Bar to Private Class Action Lawsuits, by Steven B. Malech & Robert E. Koosa

The Coupon Can Be the Ticket: The Use of “Coupon” and Other Non-Monetary Redress in Class Action Settlements, by Lisa M. Mezzetti & Whitney R. Case

Coupons and the Class Action Fairness Act, by James Tharin & Brian Blockovich

The Ethical Imperative of a Lodestar Cross-Check: Judicial Misgivings About “Reasonable Percentage” Fees in Common Fund Cases, by Vaughn R. Walker & Ben Horwich

Litigation as an Alternative to Regulation: Problems Created by Follow-On Lawsuits with Multiple Outcomes, by Linda A. Willet

 

Volume XVIII Number 3 (Summer 2005)

Current Developments 2004-2005

Ethics, Torture, and Marginal Memoranda at the DOJ Office of Legal Counsel, by Julie Angell

Were Deputy Attorney General James Comey’s Comments About Jose Padilla Made in Violation of Model Rule 3.6?, by Julie Ashworth

In Pursuit of Settlement: Deciphering Judicial Activism, by Jaclyn Barnao

North Carolina’s Public Financing of Judicial Campaigns: A Preliminary Analysis, by Doug Bend

Deterrence, Integrity, and the Public Good: The Disgorgement and Restitution of Third Party Fees as a Condition of Reinstatement in In re Hager, by Natalie L. Bender

Black, White, and Grey: The American Jury Project and Representative Juries, by Mary Catherine Campbell

Selective Enforcement of the Immigration Laws: Is There any Possible External Constraint on the Exercise of Prosecutorial Discretion?, by Matt Caretto

We Should Have Gone to Med School: In the Wake of Lynne Stewart, Lawyers Face Hard Time for Defending Terrorists, by Alissa Clare

The Striking Similarities Between the Business Judgment Doctrine and the Strickland Test, by Elizabeth Connelly

Avoiding a New Willie Horton Problem: Creating a Better Public Counsel System in Massachusetts, by Conor W. Daly

No Shirt, No Shoes, No English . . . No Dice? How Should We Test English Proficiency for Foreign-Trained Attorneys?, by Paul A. Deeringer

Helter Shelter: Protecting Taxpayers’ Identities in Tax-Shelter Cases, by Brian R. Ford

Prosecutorial Discretion: What’s Politics Got To Do with It?, by Sandra Caron George

Reexamining Financial Disclosure Procedures for the Federal Judiciary, by Sarah Goldstein

Florida’s Bar Exam: Ensuring Racial Disparity, Not Competence, by Rachel L. Gregory

Plugging the Leaks: Applying the Model Rules to Leaks Made by Government Lawyers, by Kristina Hammond

Recent Developments in the Area of Criminal Malpractice, by Johanna M. Hickman

Rule 11 and Tort Reform: Myth, Reality, and Legislation, by Aaron Hiller

Working with What We’ve Got: Toward a Modern Approach to Ethical Screens, by Jason T. Hungerford

A New Way to Avoid the Courtroom: The Ethical Implications Surrounding Collaborative Law, by Joshua Isaacs

Equalizing the Right to Counsel, by Rebecca Kunkel

Bush v. Gore, Vanity Fair, and a Supreme Court Law Clerk’s Duty of Confidentiality, by David Lane

Revised Model Rule 1.6: What Effect Will the New Rule Have on Practicing Attorneys?, by David Lew

The Potential Effects of United States v. Councilman on the Confidentiality of Attorney-Client E-mail Communications, by Yvette Joy Liebesman

The New Class Action Rule: The Amendments of 2003 and the Reforms Yet Needed, by Mohsen Manesh

In the Interests of Justice?: A Critique of the ICTY Trial Court’s Decision to Assign Counsel to Slobodan Milosevic, by Milan Markovic

The Attorney’s Query: May a Lawyer Ethically Post a Bond or Serve as a Surety on Behalf of a Client?, by Deborah Markowitz

The Need for Uniformity: Fifty Separate Voices Lead to Disunion in Attorney Internet Advertising, by Nia Marie Monroe

The Dangers of Unregulated Counsel in the WTO, by Priscila McCalley

Conflating Organizational Policy with an Ethical Mandate: NACDL’s Stance on the Guantanamo Military Commissions, by Jonas R. McDavit

A Quagmire of Internet Ethics Law and the ABA Guidelines for Legal Website Providers, by Margaret Hensler Nicholls

The Sarbanes-Oxley Act and In-House Legal Counsel: Suggestions for Viable Compliance, by Kaveh Noorishad

The Ethics of Attorney Advertising: The Effects of Different State Regulatory Regimes, by Emily Olson

Advocacy or Counsel: The Continuing Dual Role of Written Infringement Opinion Letters and the Failure of Knorr-Bremse to Confine the Role of Patent Attorneys Issuing Written Infringement Opinion Letters, by Geoffrey Shipsides

Let’s Be Honest: A Critical Analysis of Florida Bar v. Wohl and the Generally Inconsistent Approach Toward Witness Inducement Agreements in Civil and Criminal Cases, by Joseph Swanson

D.C. Bar Opinion 320: How a Defense Attorney Can Advocate for Her Client Without Encouraging Jury Nullification, by Carrie Ullman

Eliot Spitzer: A Crusader Against Corporate Malfeasance or a Politically Ambitious Spotlight Hound? A Case Study of Eliot Spitzer and Marsh & McLennan, by Kulbir Walha & Edward E. Filusch

The Continuing Lack of Independence of Chinese Lawyers, by Al Young

Trumping the Race Card: Permitting Criminal Defendants to Remain Anonymous and Absent from Trial to Eliminate Racial Jury Bias

 

Volume XVIII Number 2 (Spring 2005)

Articles

Free the Lawyers: A Proposal to Permit No-Sue Promises in Settlement Agreements, by Stephen Gillers & Richard W. Painter

No Stone Left Unturned: The Failure of Attorney Self-Regulation in the District of Columbia, by Michael S. Frisch

More Than Lawyers: The Legal and Ethical Implications of Counseling Clients on Nonlegal Considerations, by Larry O. Natt Gantt, II

How Things Snowball: The Ethical Responsibilities and Liability Risks Arising from Representing a Single Client in Multiple Patent-Related Representations, by David Hricik

Attorney Liability for Tortious Interference: Interference with Contractual Relations or Interference with the Practice of Law?, Alex B. Long

Review Essay

Regulating Law Firm Conflicts in the 21st Century: Implications of the Globalization of Legal Services and the Growth of the “Mega Firm”, by Nancy J. Moore

Recent Development

Ex Parte Communications in a Time of Terror, by Kathleen Kerr

Revised June 1, 2005 (BEM)