Details

This course will introduce students to the theory and practice of complex civil litigation, examining the ways in which our adjudicatory system deals with multi-party, multi-issue and multi-forum disputes. Our primary focus will be the class action, where we will examine the stresses that the current state of class litigation is placing upon the traditional model of the civil lawsuit, the practical and doctrinal challenges that those stresses are producing, and different theoretical approaches to developing a response. We will also examine other forms of complexity in adjudication, like the presentation of disputed scientific evidence to a jury and the management of large, discovery-intensive cases before and during trial. Finally, we will examine the ways in which choice of law, claim and issue preclusion, remedies, and other procedural doctrines can be impacted as the configuration of a civil lawsuit becomes more intricate. Evaluation: Participants will write a mandatory multi-draft seminar paper. Grading will be based on the paper with some account taken of class participation. There will be no final examination. Teaching method: Lecture and seminar discussion. Text: Richard L. Marcus & Edward F. Sherman, Complex Litigation: Cases and Materials on Advanced Civil Procedure, 4th (2004); additional materials will be made available at the start of the semester.