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Complex Litigation

This course will examine the variety of procedures used to develop and manage large-scale litigation within and outside the U.S., and the policy controversies surrounding them. Topics include class actions, multidistrict litigation, pretrial procedure, special trial and evidentiary issues, judicial case management, issues of federalism, problems of absent and future claimants, settlement issues, alternate dispute resolution techniques within litigation, and proposals for law reform. Much of the course will consider these topics as they play out in current cases, with guest lectures by judges, lawyers, and others from the U.S. and elsewhere.nnnEarly in the quarter each student will choose a recent or ongoing complex litigation to investigate. (A list of candidate litigations will be provided, but students are free to choose any complex litigation that interests them.) During the quarter, students will conduct research on the litigation including, where possible, contacting key participants for information and perspective. This research will serve as the basis for in-class discussion, focusing on different aspects of the litigation as the quarter progresses. Students will hand in 3 papers during the course of the quarter, for review and comment, but not for grading. Regular reading assignments will be tailored to allow time for this on-going student research. nnnElements used in grading: Final paper and class participation

Instructors for this course (Past and Present)

Deborah R. Hensler