For many years, I taught a course called Legal Process, in which firstyear law students
explored the roles played by Congress, the Supreme Court, the President, administrative …

It is commonplace for states to help enforce federal law. Local police regularly arrest people
for violating federal criminal law, and state actors frequently alert federal prosecutors and …

Act of 2005 (CAFA) 3 on jurisdiction over class actions. It is well known that under CAFA,
most major class actions, including virtually all multistate class actions, will now be heard in …

John Coffee observed twenty years ago that"[h] igh agency costs" inherent in class action
litigation" permit opportunistic behavior by attorneys" and,"[a] sa result, it is more accurate to …

Imagine you hold a large, unwieldy sheet of paper. The paper is too large. You find it hard to
carry around, it is cumbersome. You decide to reduce its volume. You fold it once and you …

Procedural reforms alter litigation options directly, but they alte the litigation landscape in
more ways than reformers anticipate Three years ago, Congress dramatically expanded …

United States immigration courts that decide asylum cases are situated within the Justice
Department (DOJ)—a law enforcement agency deeply invested in enforcing border control …

The story of the invisible border wall'is a cautionary tale for administrative law. The Trump
administration abused its power over executive branch agencies to build an invisible border …

Temporary leaders in federal agencies—commonly known as “actings”—are a fixture of the
modern administrative state. These acting officials have recently come under fire, particularly …