Federal Courts in the 21st Century: Cases and Materials (Newark, NJ: LexisNexis, 2nd ed. 2006 supplement; 2nd ed. 2002; Charlottesville, VA: Michie, 1st ed. 1996; Updates 1999, 1998, 1997) (with Howard P. Fink, Thomas D. Rowe Jr. & Mark V. Tushnet).
Civil Procedure (St. Paul: Thomson/West, 2004).
State Class Actions: Practice and Procedure (2 vols.; Chicago: CCH, 2000; Annual Updates 2001).
Restatement of the Law (Third): The Law Governing Lawyers (2 vols.; St. Paul: American Law Institute Publishers, 2000) (reporter, with others).
Mass Tort Litigation: Cases and Materials (St. Paul: West, 2nd ed. 2008; 1st ed. 1996; Updates 1999, 1998, 1997).
Materials for Mass Litigation in the European Union (Innsbruck, Austria: St. Mary's University School of Law, Institute on World Legal Problems, 1999) (editor).
Understanding Federal Courts and Jurisdiction (New York: Matthew Bender, 1998) (with Martin Redish & Georgene Vairo).
Civil Procedure: Exam Pro (St. Paul: West, 1998; St. Paul: Thomson/West, 2nd ed. 2007).
Teacher?s Manual, Federal Courts in the 21st Century: Cases and Materials (Charlottesville, Va.: Lexis Law Publishing, 3rd ed. 2007; 1st ed. 1998) (with Howard P. Fink, Thomas D. Rowe, Jr., & Mark V. Tushnet).
17 Moore?s Federal Practice: Venue; Interrelationship of State and Federal Courts (New York: Matthew Bender, 3rd ed. 1997) (with Georgene M. Vairo).
Civil Procedure (Aspen RoadMap series; New York: Aspen Law & Business, 1997).
Federal Courts (Santa Monica, CA: Casenotes Publishing Co., 1997) (with Howard P. Fink).
Report of the ABA Tort and Insurance Practice Section, Task Force on Class Actions Concerning Proposed Changes to Rule 23 of the Federal Rules of Civil Procedure (1997) (Reporter).
Supplement for Mass Litigation in the European Union (Innsbruck, Austria: St. Mary?s University School of Law, Institute on World Legal Problems, 1996) (compiler).
Teacher?s Manual to Accompany Mass Tort Litigation: Cases and Materials (St. Paul: West, 2nd ed. 2008; 1st ed. 1996).
Report and Plan of the Civil Justice Reform Act Advisory Group of the United States District Court for the Southern District of Texas (Oct. 1991) (Co-Reporter).
Brief for the Respondent, United States v. Henry, 447 U.S. 264 (1980).
De Facto Political Obligation: Historical and Theoretical Perspectives (Ph.D. dissertation, Columbia University, 1977).
Articles
Complex Litigation: Class Certification, The National Law Journal, January 26, 2009, at 9.
Complex Litigation: Class Action Wavers, The National Law Journal, April 6, 2009, at 23.
Reversing a Denial of Class Certification, The National Law Journal, July 27, 2009, at 14.
Complex Litigation: Mortgage Rescission, The National Law Journal, November 10, 2008, at 16.
CAFA, 11th Amendment, The National Law Journal, September 1, 2008, at 12.
Tobacco Light Action Dims, The National Law Journal, April 14, 2008, at 13.
CAFA Jurisdiction, The National Law Journal, February 4, 2008, at 13.
Punitive Damages Redux: How Many Times Does Oregon Get to Punish Big Tobacco? 36 Preview of the United States Supreme Court Cases 172 (December 1, 2008) (Williams v. Philip Morris USA).
CAFA and Coupons, The National Law Journal, November 12, 2007, at 24.
The Cost of CAFA, The National Law Journal, August 27, 2007, at 13.
Complex Litigation: Troubling ?Twombly,? The National Law Journal, June 11, 2007, at 13.
Complex Litigation: CAFA Cacaphony, The National Law Journal, January 22, 2007, at 13.
Complex Litigation: CAFA Exceptions, The National Law Journal, October 23, 2006, at 12.
Complex Litigation: CAFA ?carve-outs,? National Law Journal, September 4, 2006, at 12.
Complex Litigation: CAFA Appeals, National Law Journal, July 3, 2006, at 12.
Complex Litigation: CAFA?s $5M Question, National Law Journal, Feb. 27, 2006, at 13.
Should Federal Courts Continue to Apply the ?Probate Exception? to Federal Jurisdiction?, 5 Preview of the United States Supreme Court Cases 274 (Feb. 21, 2006).
Gridlaw: The Enduring Legacy of Phillips Petroleum Co. v. Shutts, 74 University Of Missouri-Kansas City School Of Law Review 651 (2006).
The American Class Action Fairness Act and Forum Shopping American-Style, 31 The Geneva Papers On Risk And Insurance? Issues And Practice 357 (2006).
Complex Litigation: CAFA Proof Burdens, National Law Journal, Dec. 19-26, 2005, at 12.
The Award of Attorney Fees after Remand: Should the Court Adopt a Bright-Line Rule?,2005-2006 Preview of United States Supreme Court Cases 78 (Oct. 31, 2005).
Complex Litigation: CAFA and Retroactivity, National Law Journal, Oct. 17, 2005, at 12. [Reprinted in Palm Beach Daily Business Review, October 31, 2008 at 10.]
Complex Litigation: Class Actions, National Law Journal, Aug. 15, 2005, at 11.
Complex Litigation: Work Product Protection, National Law Journal, June 13, 2005.
Parallel Federal and State Court Proceedings: The Rooker-Feldman Doctrine and Principles of Intersystem Comity, 2004-2005 Preview of United States Supreme Court Cases 290 (Feb. 22, 2005).
Zahn Revisited: Supplemental Jurisdiction Over Individual Claims to Satisfy Federal Diversity Jurisdiction, 2004-2005 Preview of United States Supreme Court Cases 263 (Feb. 22, 2005).
Complex Litigation:The New Rule 23(g), National Law Journal, Feb. 7, 2005, at 12.
Should Mississippi Adopt a Class Action Rule?Balancing the Equities: Ten Considerations That Mississippi Rulemakers Ought to Take into Account in Evaluating Whether to Adopt a State Class Action Rule, 24 Mississippi College Law Review 217 (2005).
Complex Litigation: RICO Class Actions, National Law Journal, Nov. 29, 2004, at 10.
Complex Litigation: The Zahn Morass, National Law Journal, Sept. 27, 2004, at 14.
Complex Litigation: To (b)(2) or Not to (b)(2)?, National Law Journal, July 26, 2004, at 12.
Complex Litigation: The Texas Touchdown, National Law Journal, May 24, 2004, at 13.
Complex Litigation: Negative Value Suits, National Law Journal, Mar. 22, 2004, at 11.
The Deadline for Determining Diversity: A World Without End, or Atlas Shrugged?, 2003-2004 Preview of United States Supreme Court Cases 240 (Feb. 16, 2004).
Complex Litigation: Claim Abandonment, National Law Journal, Jan. 19, 2004, at 11.
Standing and Other Dispositive Motions After Anchem and Ortiz: The Problem of ?Logically Antecedent? Inquiries, 2004 Michigan State Law Review 703.
The Future of Tort Reform: Possible Lessons from the World Trade Center Victim Compensation Fund, 53 Emory Law Journal 1315 (2004).
Taking Adequacy Seriously: The Inadequate Assessment of Adequacy in Litigation and Settlement Classes, 57 Vanderbilt Law Review 1687 (2004).
Complex Litigation: Inroads on ?Eisen?, National Law Journal, Sept. 22, 2003, at 13.
Complex Litigation: Standing, National Law Journal, June 16, 2003, at 17.
Federal Arbitration Preemption of State Contract Law: When May an Arbitration Be Conducted on a Classwide Basis?, 2002-2003 Preview of United States Supreme Court Cases 419 (Apr. 18, 2003).
Complex Litigation?Revisiting Agent Orange, National Law Journal, Apr. 7, 2003, at B7.
Class Actions: Apocalypse Forever: Revisiting the Adequacy of the Agent Orange Settlement, Twenty-Five Years Later, 2002-2003 Preview of United States Supreme Court Cases 274 (Feb. 21, 2003).
Complex Litigation: Class Actions II, National Law Journal, Jan. 13, 2003, at B7.
The September 11th Victim Compensation Fund: Fund Approaches to Resolving Mass Tort Litigation, 9 Connecticut Insurance Law Journal 121 (2002-2003) (with Kristen B. Stewart).
No Exit: Mandatory Class Actions in the New Millenium and the Blurring of Categorical Imperatives, 2003 University of Chicago Legal Forum 177.
Judge Jack B. Weinstein, Tort Litigation, and the Public Good: A Roundtable Discussion to Honor One of America?s Great Trial Judges on the Occasion of His 80th Birthday, 12 Journal of Law & Policy 149 (2003) (with several others).
Master Class?Class Actions I, National Law Journal, Nov. 4, 2002, at B9.
Let Us Count the Ways: How Should the Amount in Controversy Be Calculated in Diversity Class Actions?, 2002-2003 Preview of Supreme Court Cases 49 (Sept. 30, 2002).
Is the All Writs Act the Caulking Gun for Dual-System Class Action Litigation?, 2002-2003 Preview of Supreme Court Cases 44 (Sept. 30, 2002).
Master Class?Arbitration Clauses II, National Law Journal, Aug. 26, 2002, at B8.
Master Class?Arbitration Clauses, National Law Journal, June 3, 2002, at B9.
Master Class?Dispositive Motions, National Law Journal, Mar. 11, 2002, at B11.
Master Class?Rule Amendments, National Law Journal, Jan. 7, 2002, at B11.
Class Actions?The Party?s Over: Do Spurned Class Action Objectors Have Appellate Rights to Further Protest?, 2001-2002 Preview of United States Supreme Court Cases 298.
Master Class?Class Communications, National Law Journal, Oct. 15, 2001, at B11.
The Practice: Making Contact, National Law Journal, July 23, 2001, at B11. [Reprinted in 11 Securities Reform Act Litigation Reporter 951 (2001).]
Complex Litigation: Rule 23(f) Appeals, National Law Journal, May 14, 2001, at A11.
Complex Litigation: Issues of Adequacy, National Law Journal, Jan. 15, 2001, at A17.
Some Joy in Whoville: Rule 23(f), A Good Rulemaking, 69 Tennessee Law Review 97 (2001).
Lessons from Abroad: Complexity and Convergence [Reuschlein Lecture], 46 Villanova Law Review 1 (2001).
Complex Litigation: Primary Jurisdiction, National Law Journal, Sept. 25, 2000, at A16.
Complex Litigation: Certification Burdens, National Law Journal, July 3, 2000, at A14.
Complex Litigation: Defendant Classes, National Law Journal, Apr. 10, 2000, at A18.
Complex Litigation: Punitive Damages Class, National Law Journal, Jan. 24, 2000, at A18.
Abandoning the Federal Class Action Ship: Is There Smoother Sailing for Class Actions in Gulf Waters?, 74 Tulane Law Review 1709 (2000).
Re-Interpreting American Class Action Procedure: The United States Supreme Court Speaks, 5 Zeitschrift f?r Zivilproze? International 337 (2000).
Complex Litigation: Multistate Actions, National Law Journal, Oct. 18, 1999, at B18.
Supreme Court Review: Court Nixes Latest Settlement Class, National Law Journal, Aug. 16, 1999, at B12.
Federal Practice?Complex Litigation: A New Hybrid, National Law Journal, Aug. 9, 1999, at B24.
Federal Practice?Complex Litigation: A Tort ?Doorstop?, National Law Journal, June 21, 1999, at B10. [Reprinted in Texas Lawyer, Aug. 9, 1999, at 39.]
Federal Practice?Complex Litigation: Dueling Class Actions, National Law Journal, Apr. 26, 1999, at B18.
Federal Practice?Complex Litigation: Medical Monitoring, National Law Journal, Mar. 29, 1999, at B15.
Federal Practice?Complex Litigation: The Art of Intervening, National Law Journal, Jan. 18, 1999, at B17.
One Free Shot: Must an Objector to a Shareholder?s Derivative Settlement Intervene to Be Heard on Appeal?, 1998-99 Preview of U.S. Supreme Court Cases 179.
Asbestos at the Crossroads: Will a Mandatory Settlement Class Pass Muster?, 1998-99 Preview of U.S. Supreme Court Cases 118.
Resolving Aggregate Mass Tort Litigation: The New Private Law Dispute Resolution Paradigm [Monsanto Lecture in Tort Reform], 33 Valparaiso University Law Review 413 (1999).
Federal Practice?Complex Litigation: Settlement Class at Issue in Ortiz Appeal, National Law Journal, Nov. 16, 1998, at B10.
Federal Practice?Complex Litigation: 5th Circuit Rejects Trial Plan for Asbestos Class, National Law Journal, Sept. 21, 1998, at B6.
Supreme Court Review: Court Preserves the Privileges of the Dead, National Law Journal, Aug. 10, 1998, at B13.
Getting to Shutts [symposium in honor of Prof. Robert Casad], 46 University of Kansas Law Review 727 (1998).
The Pervasive Myth of Pervasive Discovery Abuse: The Sequel [Advisory Committee on Civil Rules, conference on discovery], 39 Boston College Law Review 683 (1998).
Getting Out of Dodge: May a Defendant Remove a State Case to Federal Court Based Solely on a Federal Preclusion Defense?, 1997-98 Preview of U.S. Supreme Court Cases 219.
Federal Removal, the Eleventh Amendment, State Remand, and Other Exercises in Futility, 1997-98 Preview of U.S. Supreme Court Cases 447.
Conclusion: Practical Wisdom and Third-Generation Mass Tort Litigation [symposium on mass tort litigation], 31 Loyola of Los Angeles Law Review 551 (1998).
Supreme Court Review: Court Settles Settlement Class Issue, National Law Journal, Aug. 11, 1997, at B12.
Transferring a State Court Case to Federal Court: When Must the Grounds for Transfer Exist?, 1996-97 Preview of U.S. Supreme Court Cases 87.
Must Settlement Classes Satisfy All the Requirements of Litigation Classes?, 1996-97 preview of U.S. Supreme Court Cases 296.
Do Mandatory Monetary-Settlement Classes Violate Due Process?, 1996-97 Preview of U.S. Supreme Court Cases 221.
The Constitutionality of the Proposed Rule 23 Class Action Amendments [symposium, Rule 23: Class Actions at the Crossroads], 39 Arizona Law Review 615 (1997).
The Jurisprudence of Yogi Berra, 46 Emory Law Journal 697 (1997) (with 38 co-authors).
High Court Should Review Mass Torts, National Law Journal, Oct. 7, 1996, at A19.
Supreme Court Review: New Opinions Defer to State Law, Courts, National Law Journal, July 29, 1996, at C5.
Enforcing Class Settlements: Can Federal Courts Refuse to Give Effect to State Court Class Settlements That Release Exclusively Federal Claims?, 1995-96 Preview of U.S. Supreme Court Cases 108.
Punitive Damages Revisited: May a State Jury Impose Punitive Damages for Out-of-State Conduct and What Punitive Damages Are Excessive?, 1995-96 Preview of U.S. Supreme Court Cases 37.
Declining to Decide: Is a Federal Court?s Decision to Send a Case Back to State Court in Deference to Ongoing State Proceedings Immediately Appealable?, 1995-96 Preview of U.S. Supreme Court Cases 224.
Case One: Choice of Forum Clauses, 29 New England Law Review 517 (1995) (with Russell Weintraub et al.).
Case Three: Personal Jurisdiction, 29 New England Law Review 627 (1995) (with Russell Weintraub et al.).
Class Actions, Personal Jurisdiction, and Plaintiffs? Due Process: Implications for Mass Tort Litigation, [symposium on 50th anniversary of International Shoe Co. v. Washington] 28 U. C. Davis Law Review 871 (1995).
Federal Abstention in Declaratory Judgement Actions, 1994-95 Preview of U.S. Supreme Court Cases 275.
Mass Tort Litigation and the Dilemma of Federalization [symposium on the federalization of state law], 44 DePaul Law Review 755 (1995).
Multiforum Federal Practice: Ethics and Erie, 9 Georgetown Journal of Legal Ethics 89 (1995).
Judicial Power and The Rules Enabling Act, 46 Mercer Law Review 733 (1995).
Supreme Court Review: Court Sets New Rules in Key Areas, National Law Journal, Aug. 15, 1994, at C7.
Discovery in Disarray: The Pervasive Myth of Pervasive Discovery Abuse and the Consequences for Unfounded Rulemaking [symposium on Civil Justice Reform Act of 1990], 46 Stanford Law Review 1393 (1994).
Mass Tort As Public Law Litigation: Paradigm Misplaced, 88 Northwestern University Law Review 579 (1994).
Unfinished Symphony: The Complex Litigation Project Rests, 54 Louisiana Law Review 977 (1994).
Clarifying the Distinction Between Civil and Criminal Contempt: Problems of Prospective Penalties and Excessive Fines, 1993-94 Preview of U.S. Supreme Court Cases 87.
The Inherent Jurisdiction of Federal Courts to Enforce Settlement Agreements in Dismissed Cases, 1993-94 Preview of U.S. Supreme Court Cases 174.
Mandatory Class Actions That Include Monetary Claims: Do Absent Class Members Have a Due Process Right to Opt Out?, 1993-94 Preview of U.S. Supreme Court Cases 157.
Does the Claim Not to Be Tried Support Immediate Appeal of an Order That Sets Aside a Settlement Agreement?, 1993-94 Preview of U.S. Supreme Court Cases 153.
Adversarial Justice, Professional Responsibility, and the New Federal Discovery Rules, 14 Review of Litigation 13 (1994).
Should Congress Decide Civil Rules? No: Not a Subject to Wheel ?n Deal, National Law Journal, Nov. 22, 1993, at 15.
Supreme Court Review: Questions Linger on Punitives and Evidence, National Law Journal, Aug. 23, 1993, at S4.
Supreme Court Review: Civil Rules Revisions a Mixed Bag, National Law Journal, Aug. 23, 1993, at S14.
The State?s Right to be Free From Trial: Is the Denial of Sovereign Immunity Immediately Appealable?, 1992-93 Preview of U.S. Supreme Court Cases 4.
Double-Dipping Against Uncle Sam: Suing the Federal Government in Multiple Courts at the Same Time, 1992-93 Preview of U.S. Supreme Court Cases 304.
To Declare or Not to Declare: The Tension Between the Declaratory Judgment Act and Federal Abstention Doctrine, 1992-93 Preview of U.S. Supreme Court Cases 290.
Unconstitutional Rulemaking: The Civil Justice Reform Act and Separation of Powers, 77 Minnesota Law Review 1283 (1993).
Supreme Court Review: Federal Jurisdiction is Addressed, National Law Journal, Aug. 31, 1992, at S4.
Civil Justice Reform Comes to the Southern District of Texas: Creating and Implementing A Cost and Delay Reduction Plan Under The Civil Justice Act of 1990, 11 Review of Litigation 165 (1992).
The Counter-Reformation in Procedural Justice, 77 Minnesota Law Review 375 (1992).
Federalizing Choice of Law in Mass Tort Litigation, 70 Texas Law Review 1623 (1992).
Suing State Officials Under the Civil Rights Act: When is a Person not a Person?, 1991-92 Preview of U.S. Supreme Court Cases 48.
Another Easy Case, Some More Bad Law: Carnival Cruise Lines and the Contractual Personal Jurisdiction, 27 Texas International Law Journal 323 (1992).
Corporate Charters and the Problem of Talismanic Federal Question Jurisdiction, 1991-92 Preview of U.S. Supreme Court Cases 243.
On Being in the Wrong Place at the Wrong Time: Willy?s Thoughtful Removal and Rule 11, 1991-92 Preview of U.S. Supreme Court Cases 182.
Personal Injury and State Action: Are Private State Torts Actionable Under the Federal Civil Laws?, 1991-92 Preview of U.S. Supreme Court Cases 88.
Federal Courts and Family Law: Will the Courts Open Federal Court Doors to Domestic Relations Disputes?, 1991-92 Preview of U.S. Supreme Court Cases 316.
Supreme Court Review: Rule 11 Decisions Targeted Clients, Not Just Lawyers, National Law Journal, Aug. 19, 1991, at S9
Supreme Court Review: Forum Shoppers Should Discover a Wider Market, National Law Journal, Aug. 19, 1991, at S12.
Rule 11 Report?The Undefined Professional Responsibility of Clients: The Furthest Reach of Rule 11, Inside Litigation, Apr. 1991, at 9.
Hope Over Experience: Mandatory Informal Discovery and the Politics of Rulemaking, 69 North Carolina Law Review 701 (1991).
Problems in Complex Litigation, 10 Review of Litigation 213 (1991).
Selected Bibliography on Complex Litigation, 10 Review of Litigation 561 (1991).
With Malice Towards One: The ?Heightened? Pleading of Constitutional Torts Against Federal Officials, 1990-91 Preview of U.S. Supreme Court Cases 258.
The $1.5 Million Sanction: Testing the Inherent Power of Federal Courts to Sanction Parties by Awarding Attorney Fees, 1990-91 Preview of U.S. Supreme Court Cases 244.
Fee Simple: Is the Pro Se Attorney Entitled to Attorneys? Fees?, 1990-91 Preview of U.S. Supreme Court Cases 241.
If They Could Sue Me Now: Minimum Contacts on the Love Boat, 1990-91 Preview of U.S. Supreme Court Cases 135.
Sanctioning a Party Under Rule 11: To What Standard of Conduct Should A Client Be Held?, 1990-91 Preview of U.S. Supreme Court Cases 100.
Eire On Appeal: Deferential or De Novo Review?, 1990-91 Preview of U.S. Supreme Court Cases 97.
The Case of the Lawyer Who Filed Too Soon, 1990-91 Preview of U.S. Supreme Court Cases 34.
The Case of the Lawyer Who Filed Too Late, 1990-91 Preview of U.S. Supreme Court Cases 5.
Beyond Consolidation: Post-Aggregative Procedure in Asbestos Mass Tort Litigation, 32 William & Mary Law Review 475 (1991).
Supreme Court Review: Justices Clarified Courts? Role on Sanctions and Attorney Fees, National Law Journal, Sept. 10, 1990, at 25.
Supreme Court Review: Badly Fractured Decisions Muddy Cases On Venue, National Law Journal, Aug. 13, 1990, at 99.
Interstate Compacts and the Eleventh Amendment, 1989-90 Preview of U.S. Supreme Court Cases 304.
The Reach of Rule 11: Sanctions, Appeals, and Voluntary Dismissals, 1989-90 Preview of U.S. Supreme Court Cases 314.
The Influence of History on Procedure: Volumes of Logic, Scant Pages of History, 50 Ohio State Law Journal 803 (1990).
Back to the Future: A $16 Million Problem in the Retroactive Award of Postjudgment Interest, 1989-90 Preview of U.S. Supreme Court Cases 210.
Did Congress Mean What It Didn?t Say About Reverse Direct Action Lawsuits?, 1989-90 Preview of U.S. Supreme Court Cases 50.
Complex Litigation Reform and Article III Jurisdiction, 59 Fordham Law Review 169 (1990).
Court-Facilitated Notice in Age Discrimination Class Actions, 1989-90 Preview of U.S. Supreme Court Cases 26.
Is a Trial Court?s Decision Not to Enforce a Forum Selection Clause Immediately Appealable?, 1988-89 Preview of U.S. Supreme Court Cases 388.
Pendent Parties Under the Federal Tort Claim Act: The Supreme Court, Round Two, 1988-89 Preview of U.S. Supreme Court Cases 301.
The Post Judgment Request for Prejudgment Interest: When is a Final Decision Final?, 1988-89 Preview of U.S. Supreme Court Cases 153.
Suing on Borrowed Time: The Appropriate Statute of Limitations in Federal Civil Rights Cases, 1988-89 Preview of U.S. Supreme Court Cases 75.
The New Untouchables: Subjecting Foreign Corporations to Federal Question Jurisdiction, 1987-88 Preview of U.S. Supreme Court Cases 18.
When Federal Court Should Abstain: Should State Grand Juries Be Getting Any Younger?, 1987-88 Preview of U.S. Supreme Court Cases 53.
Review of Abstention: The Appealability of a Refusal to Refuse Jurisdiction, 1987-88 Preview of U.S. Supreme Court Cases 135.
After Default: What State Process is Due?, 1987-88 Preview of U.S. Supreme Court Cases 147.
Review of Forum Non Conveniens and Immunity From Civil Suit, 1987-88 Preview of U.S. Supreme Court Cases 323.
User Friendly Civil Procedure: Pragmatic Proceduralism Slouching Away From Process Theory, 56 Fordham Law Review 1023 (1988) (essay reviewing Cases and Materials on Civil Procedure, by David Crump, William V. Dorsaneo III, Oscar Chase & Rex Perschbacher).
Tuckered Out in Federal Court: Splitting Claims Against the Government, 1987-88 Preview of U.S. Supreme Court Cases 422.
Another Choice of Forum, Another Choice of Law: Consensual Adjudicatory Procedure in Federal Court, 57 Fordham Law Review 291 (1988).
Desperately Seeking Texas: Federal Injunction of the World?s Forum of Last Resort,1987-88 Preview of U.S. Supreme Court Cases 354.
Burying (With Kindness) the Felicific Calculus of Civil Procedure, 40 Vanderbilt Law Review 541 (1987).
A Tull Tale of More Right Versus Less Filling: The Right to Trial by Jury in Federal Civil Penalty Cases, 1986-87 Preview of U.S. Supreme Court Cases 188.
Summary Judgment: Taming the Beast of Burdens, 10 American Journal of Trial Advocacy 433 (1987). [Reprinted in 37 Defense Law Journal 529 (1988).]
Class Resolution of the Mass Tort Case: A Proposed Federal Procedure Act, 64 Texas Law Review 1039 (1986).
A Branch Too Far: Pruning the Abstention Doctrine, 75 Georgetown Law Journal 99 (1986).
Federal Abstention of the Fourth Kind: The Judicial Administration Exception, 1985-86 Preview of U.S. Supreme Court Cases 20.
The New Federal Express: Mail Service of Process Under Amended Rule 4, 4 Review of Litigation 299 (1985).
Creative Manipulation of Federal Jurisdiction: Is There Diversity After Death?, 70 Cornell Law Review 1011 (1985).
The Valuation of an Educational Degree at Divorce, 16 Loyola of Los Angeles Law Review 277 (1983).
Reviews
Back to the Futures: Privatizing Future Claims Resolution, 148 University of Pennsylvania Law Review 1919 (2000).
Individual Justice in Mass Tort Litigation: The Effect of Class Actions, Consolidations, and Other Multiparty Devices, by Jack B. Weinstein. 5 Law & Politics Book Review 173 (1995).
Litigation and Inequality: Federal Diversity Jurisdiction in Industrial America, 1870-1958, by Edward A. Purcell Jr., 75 Social Science Quarterly 235 (1994).
God, Metaprocedure, and Metarealism at Yale, 87 Michigan Law Review 1139 (1989) (essay reviewing Procedure, by Robert M. Cover, Owen M. Fiss & Judith A. Resnik).
The Limits of Complex Equality, 97 Harvard Law Review 1801 (1984) (essay reviewing Spheres of Justice: a Defense of Pluralism and Equality, by Michael Walzer).
The Marriage Contract: Spouses, Lovers, and the Law, 15 Loyola of Los Angeles Law Review 759 (1982) (essay reviewing The Marriage Contract, by Lenore J. Weitzman).
Contributions
New Trends in Standing and Res Judicata in Collective Suits: General Report ? Common Laws, in XIII Congresso Mundial de Direito Processual [XIII World Congress of Procedural Law] 500 (Ada Pellegrini Grinover & Petr?nio Calmon, organizers; Rio de Janeiro: Forense; Bras?lia, DF: Instituto Brasileiro de Direito Processual, 2007).
Cutting Edge Issues and Strategies in Class Action Litigation, in Latest Developments in Class Action Law (Houston: Fulbright & Jaworski, 2005).
Developments in the Procedural Means for Resolution of Mass Tort Litigation in the United States, in Terrorism, Tort Law and Insurance: A Comparative Survey 204 (Bernhard A. Koch ed.; New York: Springer Verlag, 2004).
Lawyer?s Work Product Immunity, Topic 3, Chapter 5 in Restatement of the Law Third, The Law Governing Lawyers (Philadelphia: American Law Institute, 1992).
Anti-Injunction Act and Applicable Law, in 1A Moore?s Federal Practice, Part II (2nd ed.; Albany, NY: Matthew Bender, 1991).
Grandparents Visitation Rights: Hearings on Senate Concurrent Resolution 40 Before the Subcommittee on the Separation of Powers of the Senate Committee on the Judiciary, 98th Cong., 1st Sess., 149 (1983) (statement & testimony).
