Fairness to Whom?
Perspectives on the Class Action Fairness Act of 2005.
Friday, November 30 & Saturday, December 1, 2007
The Class Action Fairness Act of 2005 (“CAFA”) is
one of the most significant pieces of legislation affecting litigation in
the federal (and state) courts since the Judiciary Act of 1789. Enacted
after eight years of intense lobbying by interest groups on both sides
of the aisle, a presidential veto, and a fragile bipartisan compromise,
CAFA opens the federal courts to most large class actions, whether brought
there originally or by defendants' removal from state courts. Although it
is too soon to reach a definitive view of the effects of this statute on
litigation, federalism, and law enforcement, it is an appropriate
time to frame the historical, normative, and empirical questions that should
be addressed in reaching such a view, as well as to venture some preliminary
assessments. To that end, the University of Pennsylvania Law Review
convened a symposium on November 30 and December 1, 2007, at which
many of the nation's most prominent scholars of litigation, judges,
and practicing lawyers considered CAFA from six different perspectives:
history, jurisdictional policy, federalism, regulatory policy, impact
on the federal courts, and impact on the legal profession. The papers
and some of the commentary will be published in Volume 156 of the
University of Pennsylvania Law Review. But the symposium's
written record cannot replicate the give-and-take, the questions and
answers, and the opportunities for informal discussion thst
made this symposium extraordinarily valuable for all lawyers, judges,
and scholars interested in class actions.
Friday, November 30
|
| 12:30 PM - 2:00 PM |
Registration & Lunch |
| 2:00 PM - 2:15 PM |
Introductory Remarks |
| 2:15 PM - 3:45 PM |
CAFA in Historical and Social Context
Geoffrey Hazard (Penn Law & University of California, Hastings College of the Law ) — Moderator
Stephen Burbank (Penn Law)
Edward Purcell (New York Law School)
Stephen Subrin (Northeastern University School of Law)
|
| 3:45 PM - 4:00 PM |
Break |
| 4:00 PM - 5:30 PM |
CAFA and Jurisdictional Policy
David Shapiro (Harvard Law School) — Moderator
Richard Marcus (University of California, Hastings College of the Law)
Chief Judge Anthony Scirica (United States Court of Appeals for the Third Circuit)
Tobias Barrington Wolff (Penn Law) |
| 5:30 PM |
Reception |
|
Saturday, December 1
|
| 8:00 AM - 8:30 AM |
Breakfast and Registration |
| 8:30 AM - 10:00 AM |
CAFA and Regulatory Policy
Catherine Struve (Penn Law) — Moderator
Samuel Issacharoff (New York University School of Law)
Richard Nagareda (Vanderbilt University Law School)
William Rubenstein (Harvard Law School)
Catherine Sharkey (New York University School of Law) |
| 10:00 AM - 10:15 AM |
Break |
| 10:15 - 11:45 AM |
CAFA and Federalism
Arthur Miller (New York University School of Law) — Moderator
Judith Resnik (Yale Law School)
Suzanna Sherry (Vanderbilt University Law School)
Linda Silberman (New York University School of Law) |
| 11:45 AM - 12:00 PM |
Break |
| 12:00 PM - 1:30 PM |
Lunch |
| 1:30 PM - 3:00 PM |
The Impact of CAFA on the Legal Profession
Deborah Hensler (Stanford Law School) — Moderator
Elizabeth Cabraser (Lieff Cabraser Heimann & Bernstein, LLP)
John Coffee (Columbia Law School)
Howard Erichson (Seton Hall University School of Law)
|
| 3:00 PM - 3:15 PM |
Break |
| 3:15 PM - 4:45 PM |
The Impact of CAFA on the Federal Courts
Stephen Burbank (Penn Law) — Moderator
Kevin Clermont (Cornell Law School)
Theodore Eisenberg (Cornell Law School)
Emery Lee (Federal Judicial Center)
Judge Lee Rosenthal (United States District Court for the Southern District of Texas)
Thomas Willging (Federal Judicial Center)
|
Registration for the 2007-2008 Symposium is now closed.
This program has been approved for 3 hours on Friday and 6 hours on
Saturday of substantive law credit for Pennsylvania lawyers. Credit may
be available in other jurisdictions. If you are interested in CLE credit
for this event, you must bring a check in the amount of $75 for both
days, or $25 for Friday and $50 for Saturday ($50 for both days or $25
for each day for public interest attorneys) to the event. The check
should be payable to the Trustees of the University of Pennsylvania
and must be exclusively for CLE. Please note that this payment for CLE
credit is separate from the registration fee payment required to attend
the Symposium. Please also note that this is the updated and correct
fee amount for CLE credit, and please disregard any different amounts
that prior promotional materials may have indicated.