ACADEMIC APPOINTMENTS University of Connecticut School of Law
Joel Barlow Professor of Law (2013-present); Professor (2009-2013); Associate Professor (2004- 2009) Visiting Professor Yale Law School (Fall 2013), Columbia Law School (Fall 2011), Fordham Law
School (2009-2010), Buchmann Faculty of Law, Tel Aviv University (May-June 2007)
Courses taught: civil procedure, complex litigation, professional responsibility
Teaching interests: torts, advanced torts, constitutional litigation
OTHER PROFESSIONAL EXPERIENCE
Stanford Law School, Teaching Fellow (2002-2004)
Emery Cuti Brinckerhoff & Abady PC, Associate (1999-2002)
Justice Alan Handler, New Jersey Supreme Court, Law Clerk (1998-1999)
Debevoise & Plimpton LLC, Summer Associate (1997)
Harvard Law School, J.D., magna cum laude, 1998
Brown University, B.A. (with honors), 1993
CIVIL PROCEDURE: DOCTRINE, PRACTICE AND CONTEXT (4th edition, 2012) with Stephen N.
Subrin, Martha L. Minow, Mark S. Brodin, and Thomas O. Main.
The Market for Preclusion in Merger Litigation, 66 Vanderbilt L. Rev. 1053 (2013)(with Sean J.
The Case for “Trial by Formula,” 90 Tex. L. Rev. 571 (2012)(selected for the Branstetter New
Voices in Civil Justice Workshop, Vanderbilt Law School).
Portraits of Resistance: How Lawyers Respond to Unjust Proceedings, 57 UCLA L. Rev. 725
(2010) (winner of Fred C. Zacharias Memorial Prize for best article in professional
Bellwether Trials, 76 Geo. Wash. L. Rev. 576 (2008)(cited in D.S. ex rel. S.S. v. New York City
Dept. of Educ., 255 F.R.D. 59, 64 (E.D.N.Y. 2008); Malibu Media, LLC v. John Does 1-16, 2012
WL 4717893, *12, 2012 Copr.L.Dec. P 30,324 (E.D.Pa. Oct 03, 2012); Mwani v. Laden 2013 WL
2325166, 5 (D.D.C., 2013); ALI, Principles of the Law of Aggregate Litigation § 2.02 (2012) ).
The Law and Large Numbers: Preserving Adjudication in Complex Litigation, 59 Florida L.
Fundamental Principles for Class Action Governance, 37 Indiana L. Rev. 65 (2003) (cited in
Freeport Partners, L.L.C. v. Allbritton, 2006 WL 627140 (D.D.C. March 13, 2006) and In re
Relafen Antitrust Litigation, 231 F.R.D. 52 (D. Mass. 2005)).
Absence Makes the Heart Grow Fonder: Dead Souls, Phantom Clients and the Modern Class
Action in 40 STUDIES IN LAW, POLITICS AND SOCIETY 340 (Austin Sarat ed., 2007).
Shorter Works & Symposia Symmetry and Class Action Litigation, ___ UCLA L. Rev. ___ (forthcoming 2013).
The Jury and Participatory Democracy, __ William & Mary L. Rev. __ (forthcoming 2013).
The Political Justification for Group Litigation, 81 Fordham L. Rev. 3193 (2013).
Due Process and the Future of Class Actions, 44 Loy. U. Chi. L.J. 545 (2012). Rites without Rights: A Tale of Two Military Commissions, 24 Yale Journal of Law &
Are Class Actions Unconstitutional? 106 Mich. L. Rev. 993 (2011) (book review of Martin H.
Redish, Wholesale Justice: Constitutional Democracy and the Problem of the Class Action
Two Views of the Class Action, 79 Fordham L. Rev. 1939 (2011) (quoted in In re Heartland
Admin. Payment Systems Customer Data Sec. Breach Litig., 2012 WL 948365, *39 (S.D.Tex. Mar
20, 2012) (NO. MDL 09-2046)). The Curse of Bigness and the Optimal Size of Class Actions, 63 Vand. L. Rev. En Banc 117
Recovering the Social Value of Jurisdictional Redundancy, 82 Tulane L. Rev. 2369 (2008).
Recent Publication: The Strange Career of Legal Liberalism, 32 Harv. Civil Rights – Civil
Liberties L. Rev. 565 (1997) (book review of Laura Kalman, Strange Career of Legal Liberalism
The New Class Action Landscape: Trends and Developments in Class Certification and Related
Topics 2012 with John C. Coffee (available on SSRN).
Brief Amicus Curiae of Civil Procedure Professors in Support of Respondents, Wal-Mart Stores,
Inc. v. Dukes, No. 10-277 (S. Ct. 2011) with Melissa Hart, Arthur Miller, Paul Secunda and
Editor, Mass Tort Litigation Blog (http://lawprofessors.typepad.com/mass_tort_litigation/)
PRESENTATIONS Faculty Workshops The Market for Preclusion in Merger Litigation
Columbia Law School (Dec. 2011); Brooklyn Law School (Dec. 2011)
Rights Without Rights: A Tale of Two Military Commissions
Pacific McGeorge School of Law (Nov. 2009); University of Florida, Levine College of
Portraits of Resistance: How Lawyers Respond to Unjust Proceedings
Brooklyn Law School (Jan. 2009); Boston University School of Law (Jan. 2009); Seton Hall
University School of Law (Oct. 2008); Boston College Law School (Sept. 2008).
St. John’s School of Law (March 2008); Washington University School of Law – St. Louis,
MO (Oct. 2007); Tel Aviv University (May 2007).
Absence Makes the Heart Grow Fonder: Dead Souls, Phantom Clients and the Modern Class
Action, Eastman Lecture, Department of Law, Jurisprudence and Social Thought, Amherst
Presenter, The Jury as a Political Institution, William & Mary Law School, February 22-23, 2013
Presenter, Twenty-First Century Litigation: Pathologies and Possibilities, UCLA, January 24-25,
Presenter, Corporate Liability for Human Rights Violations, Tel Aviv University, Dec. 16-17,
Presenter, Representing Groups, Fordham Law School, November 30, 2012.
Commentator, Law as a Business, The Law: Business or Profession, Fordham Law School, April
Presenter, Eugene P. and Delia S. Murphy Conference on Corporate Law, Fordham Law School,
Presenter, The Future of Class Actions and Its Alternatives, Loyola University-Chicago Law
Presenter, Aggregation and Mass Torts, Mass Torts and the Federal Courts, Charleston Law
Presenter, Are Class Actions Unconstitutional?, Association of American Law Schools, Civil
Conference Organizer, Actuarial Litigation, University of Connecticut Insurance Law Center,
Presenter, Rites Without Rights: A Tale of Two Military Commissions, Courts: Representing
and Contesting Ideologies in the Public Spheres, Yale Law School, February 4, 2011.
Presenter, Provocation: Law and War, Northeast Law and Society Conference, Amherst, MA,
Invited Participant, Layering Governance: Multi-Level Regulation under Bush and Beyond,
Center on Federalism and Intersystemic Governance, Emory University School of Law, May 1-2,
Presenter, Representing Guantanamo Detainees, A Place Beyond Law: Detainees Held in
Guantánamo Bay, Cuba Panel, Law and Society Annual Conference, Montreal, Canada, May 30,
Presenter, Recovering the Social Value of Jurisdictional Redundancy, Tulane Law Review
Symposium: The Problem of Multidistrict Litigation, New Orleans, LA, February 16, 2008.
Presenter and Organizer, Wal-Mart: Inter-doctrinal and Interdisciplinary Approaches to Law,
Association of American Law Schools, Open Source Panel, Washington, DC, January 5, 2007
(developed panel chosen by competition).
Presenter and Organizer, The Phantom Client, Association of American Law Schools,
Professional Responsibility Section Panel, Washington, DC, January 6, 2007.
Invited Participant, Governance by Design: Cost, Effectiveness and Democratic Norms, Harvard
Law School, Cambridge, MA, March 25, 2005.
Presenter, “Historicism in Judicial Opinions,” Law Culture and Humanities Conference, New
A Preview of the Proposed Changes to the Federal Rules of Civil Procedure, Connecticut Bar
Association Annual Meeting, June 17, 2013
The Supreme Court Class Action Docket, Boston Bar Association, February 11, 2013.
The New Class Action Landscape, ABA 16th Annual Class Action Institute, Oct. 25, 2012.
Advocacy at Guantanamo Bay, District of Connecticut Bench Bar Conference, Oct. 8, 2010.
Eighth Annual Class Actions/Mass Torts Symposium, New Orleans Bar Association, Oct. 2008.
Select University & Law School Service
Chair, Educational Policy Committee, 2012
Chair, Promotion and Tenure Committee, 2012
Member, Curriculum Reform Committee, 2011-2012
Member, The Gladstein Committee (University committee), 2011-present
Member, Faculty Appointments Committee (elected by faculty), 2008-2009, 2010-2011
Member, Promotion and Tenure Committee (elected by faculty), 2010-2011, 2012
Member, Dean Search Committee (elected by faculty), 2006-2007
Advisor, Connecticut Law Review, 2006-2007, 2008-2011
Member, Executive Committee, Professional Responsibility Section, AALS
Manuscript referee, Oxford University Press
Outside reviewer, Journal of Law & Society
Quoted in articles in the New York Times, Wall Street Journal, Bloomberg, Thompson
Reuters, Law360, and New York Law Journal. Appearances on the Diane Rehm Show
(NPR), Southern California public radio(WKPCC) and New York public radio (WNYC).
New York, Massachusetts (inactive), Southern and Eastern Districts of New York
Branstetter New Voices in Civil Justice Workshop, Vanderbilt Law School
Fred C. Zacharias Memorial Prize for Best Article in Professional Responsibility
Human Rights Institute, University of Connecticut , Research Fellowship
Ellepola, Arjuna Nishanatha Bandara (2000) PhD Thesis: The post-antifungal effect (PAFE) and its impact on the pathogenic attributes of Candida albicans Abstract: The opportunistic fungal pathogen Candida albicans is the main aetiological agent of oral candidosis. The common antimycotics used in the treatment of candidoses comprise the polyenes (nystatin and amphotericin B), the azol