Stephen B. Burbank, Aggregation On The Couch: The Strategic Uses Of Ambiguity And Hypocrisy, 106 Colum. L. Rev. 1924 (2006).
Academic banter – tantalizing, we know. But at least its practical. In this article from the Columbia Law Review’s recent symposium on litigation reform, Professor Stephen Burbank of the University of Pennsylvania responds to Professor Richard Nagareda’s article on aggregated litigation and CAFA, and Professor Samuel Issacharoff’s article on choice of law after CAFA. The debate, at least from Burbank’s perspective, focuses on “procedure as an instrument of power,” and Congress’s strategic use of ambiguity and hypocrisy in finding a solution “to the problem of nationwide classes in cases governed by state substantive law.”
Bottom Line: Interesting discussion of CAFA’s big picture effects, particularly on nationwide classes governed by only one state’s law. Not quite as interesting as the Bachelor, but what is? And by the way, what was Lorenzo thinking?!