Letter from CJRI Executive Director Anne Bloom
Faculty Director Andrew Bradt and
Chair Erwin Chemerinsky
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Dear Friends of the Civil Justice Research Initiative,
We are thrilled to connect with you to share the latest news and updates from the Civil Justice Research Initiative.
Over the past year, amidst our robust online programming, we have had the privilege of hosting several impactful in-person events. Notably, our symposium on the Northern District of California Class Action Guidelines convened esteemed scholars, practitioners, and judges to delve into recent research on the guidelines' implementation and efficacy in practice.
Earlier in 2023, in collaboration with the RAND Institute for Civil Justice, we organized a full-day symposium in Washington, D.C., addressing the civil legal aid crisis in eviction cases. Distinguished speakers such as Joanna K. Darcus, Senior Counsel at the Office for Access to Justice, DOJ, Solomon Greene, Principal Deputy Assistant Secretary for Policy Development and Research at HUD, and Rasheedah Phillips, Director of Housing at PolicyLink, shared insights on recent empirical research, strategies for future studies, and potential pathways forward, including public-private collaborations and technological innovations.
We are also pleased to provide access to recordings of select online programming from the past year, including sessions on "Jurisdiction after Mallory" and "Policing and Civil Justice." Links to all CJRI online events can be found on our Events page.
Looking ahead, we have several upcoming events of interest. On March 22nd, our ongoing short webinar series "Conversations on Civil Justice" will feature Andre Mura of Gibbs Law and Nicole Ozer of the ACLU of Northern California discussing "Social Media, Privacy, and Free Speech." In April, we will host an in-person, full-day symposium titled "Artificial Intelligence and Evidentiary Considerations" in partnership with the Berkeley Center for Law and Technology.
Additionally, we are proud to announce the publication of several new white papers. For details and access to these papers, please visit the publications page of the CJRI website.
Thank you so much for your continued support and commitment to ensuring meaningful access to civil justice! Wishing you all a healthy and happy spring.
Anne, Andrew & Erwin
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CJRI Releases Two New Research Reports
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The Civil Justice Research Initiative recently published two new reports: “Do Class Actions Deter Wrongdoing?,” authored by Brian Fitzpatrick, and "Civil Litigation as a Tool in Public Health Approach to Gun Violence" authored by Robert S. Peck, Jonathan Corn and Sanjana Manjeshwar. Although the reports delve into distinct subjects, their conclusions carry significant implications for broadening access to justice.
In his research on class actions, Fitzpatrick reveals that, while empirical evidence supporting class action theory may not be abundant, the existing evidence, though limited, remains unchallenged and aligns with extensive empirical data favoring deterrence in individual lawsuits. The report asserts that there is strong justification to believe that class actions effectively deter misconduct.
Fitzpatrick shares that the principal rationale behind class action lawsuits in the United States is their ability to deter corporate misconduct. Nevertheless, in recent times, certain critics have cast doubts on this justification. Some challenge the theory of general deterrence, while others argue its lack of empirical support. However, as he has outlined, the deterrence theory remains robust. Furthermore, empirical evidence exists to bolster this claim, spanning not only class actions but also other forms of litigation. Consequently, he maintains that scholars and policymakers can confidently uphold deterrence as a valid justification for retaining class actions.
Peck, Corn and Manjeshwar examine the impact of civil litigation on addressing gun violence by examining the challenges faced in holding gun manufacturers and dealers legally accountable for their products. Their research outlines various barriers, including the Protection of Lawful Commerce in Arms Act (PLCAA), the Dickey Amendment limiting research funding, and the Tiahrt Amendments restricting gun trace data. Despite past litigation yielding mixed results, the enactment of PLCAA significantly hindered lawsuits against the industry. The report also discusses the public health benefits of civil litigation, such as encouraging product safety and influencing industry behavior, while offering strategies for future action.
The paper goes on to unveil that gun manufacturers currently benefit from significant legal protection, shielding them from accountability for the harm caused by their products despite the alarming number of deaths and injuries attributed to firearms annually. This immunity, coupled with a lack of product safety regulations, presents significant barriers to addressing gun violence as a public health crisis. Removing these protections could incentivize the gun industry to engage more actively in initiatives aimed at curbing gun violence. Moreover, allowing victims to pursue civil litigation against gun manufacturers could help rectify the power imbalance between victims and the industry, potentially serving as a crucial component of a comprehensive strategy to combat the epidemic of gun violence.
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MARCH 14, 2024
DEMOCRACY’S LAST LINE OF DEFENSE: PRESERVING AN INDEPENDENT JUDICIARY | BOSTON, MA | 8:30 A.M. - 5:30 P.M. EASTERN TIME
This Symposium with the National Judicial College will bring together prominent members of the judiciary and the legal profession who are concerned about threats to a fair and impartial judiciary.
MARCH 22, 2024
CONVERSATIONS ON CIVIL JUSTICE: SOCIAL MEDIA, PRIVACY, AND FREE SPEECH | WEBINAR | 1:00 P.M. - 1:30 P.M. PST
What are the cutting-edge issues in the courts on social media, privacy, and free speech? What’s moving in Congress and state legislatures? And what’s on the radar for state and federal action? Please join us for a discussion of the complex legal landscape related to social media, privacy and free speech – with consumer privacy litigation expert, Andre Mura of Gibbs Law, and Nicole Ozer, Technology & Civil Liberties Director of the ACLU of Northern California. Presented with support from the AAJ’s Robert L. Habush Endowment.
APRIL 12, 2024
SYMPOSIUM: ARTIFICIAL INTELLIGENCE AND EVIDENTIARY CONSIDERATIONS
| BERKELEY, CA | BANCROFT HOTEL 8:30 A.M. - 5:30 P.M. PST
This in-person symposium will bring together leading scholars, practitioners and judges to discuss how developments in Artificial Intelligence may impact the presentation and admissibility of evidence in civil cases. Cosponsored with the Berkeley Center for Law and Technology. Presented with support from the AAJ's Robert L. Habush Endowment.
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FEBRUARY 9, 2024
CONVERSATIONS ON CIVIL JUSTICE: JURISDICTION AFTER MALLORY
| WEBINAR
How has Mallory v. Norfolk Southern Railway Co. changed corporate exposure to jurisdiction? What are the remaining limits on personal jurisdiction? This webinar featured Ashley Keller and Zina Bash (both of Keller Postman), who argued the Mallory case in the Supreme Court on behalf of the plaintiffs, along with civil procedure expert Andrew Bradt (Professor, Berkeley Law) for a discussion of the state of personal jurisdiction after Mallory. Judge Fogel moderated. This was presented with support from the AAJ’s Robert L. Habush Endowment.
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NOVEMBER 1, 2023
SYMPOSIUM: THE N.D. OF CALIFORNIA CLASS ACTION GUIDELINES
| BERKELEY, CA
This in-person program brought together leading scholars, practitioners and judges for a discussion of the special class action guidelines in the N.D. of California. Cosponsored with The Impact Fund and the Federal Bar Association of the Northern District of California.
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Civil Justice Research Initiative | annebloom@law.berkeley.edu | civiljusticeinitiative.org | | | | |