by technology@hastingslawjournal.org | May 18, 2023 | Volume 74, Issue 5
Tomer S. Stein Volume 74, Issue 5, 1281-1330 Corporate law is dominated by an equity-only view of corporate governance that centers on management-shareholder dynamics. This Article expands the management-shareholder paradigm by developing a novel integrated theory of...
by technology@hastingslawjournal.org | May 18, 2023 | Volume 74, Issue 5
Candice Enders & Joshua P. Davis Volume 74, Issue 5, 1331-1352 Attention to how courts address the ethics of defense counsel’s communications with absent class members before class certification is valuable for two primary reasons. First, it provides insight into...
by technology@hastingslawjournal.org | May 18, 2023 | Volume 74, Issue 5
Lauren E. Godshall Volume 74, Issue 5, 1353-1372 Mass torts cases take up a massive swath of the nation’s federal court docket yet are governed by little to no substantive procedural laws. Instead, a host of regular practices for multidistrict litigation (“MDL”)...
by technology@hastingslawjournal.org | May 18, 2023 | Volume 74, Issue 5
Roger Michalski Volume 74, Issue 5, 1373-1402 Ethical norms in litigation are policed through overlapping regulatory regimes. One of these regimes is internal to litigation and split into different components, including Federal Rules of Civil Procedure 11, 26(g), and...
by technology@hastingslawjournal.org | May 18, 2023 | Volume 74, Issue 5
Melissa Mortazavi Volume 74, Issue 5, 1403-1432 When courts consider a choice of class or lead counsel in multidistrict litigation (“MDL”) or class action suits, they often follow the idea of a neutral partisan model. Such a model idealizes lawyer conduct as a blank...