Everything old is new again, but upside down and backwards

The RICO Trend in Class Action Warfare looks at the use of RICO suits against plaintiffs' counsel in mass action and class action filings, concluding that the tactic incorrectly attacks aggregate litigation procedures rather than specific, underlying fraudulent conduct.

Source: http://papers.ssrn.com/sol3/papers.cfm?abs...

Daily Journal article on right to discover witness identities in class actions

The April 21, 2010 edition of the Daily Journal includes my article, entitled "Witnesses Cannot Hide," in the Perspective column. It explains that the right to discover putative class member identity in class actions is really the right to discover witness identity in general. Discovery of witnesses is a foundational element of civil discovery rights. The arguments about privacy notices are intended to distract from this core right. The article is posted below with permission of Daily Journal Corp. (2010).

If you have difficulty viewing the flash object, the direct link is here.  I thank the editorial staff of the Daily Journal for providing the posting permission.

Daily Journal article on unconstitutionality of underfunding California courts

Today's Daily Journal includes a Perspective column, entitled "Legislature Using Purse Strings to Bind Judiciary," authored by colleague Linh Hua and me.  The column discusses in greater detail the unconstitutionality of underfunding the judicial branch.  The article is posted below with permission of Daily Journal Corp. (2010).

If you have difficulty viewing the flash object, the direct link is here.  I thank the editorial staff of the Daily Journal for quickly providing the posting permission.

Daily Journal article

Today's Daily Journal includes my article, entitled "When Courts Disagree," in the Perspective column.  It discusses with some interesting data my perception of a rift between the California Supreme Court and the lower courts of California.  The article is posted below with permission of Daily Journal Corp. (2009).

If you have difficulty viewing the flash object, the direct link is here.  I thank the editorial staff of the Daily Journal for quickly providing the posting permission.