D. Theodore Rave

University of Texas at Austin - School of Law

727 East Dean Keeton Street

Austin, TX 78705

United States

  • University of Texas at Austin - School of Law

SCHOLARLY PAPERS

26

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Top 19,022

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4,654

SSRN CITATIONS
Rank 48,998

SSRN RANKINGS

Top 48,998

in Total Papers Citations

10

CROSSREF CITATIONS

5

Scholarly Papers (26)

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1.

Politicians as Fiduciaries

Harvard Law Review, Vol. 126, p. 671, 2013
Number of pages: 69 Posted: 13 Mar 2012 Last Revised: 24 Jan 2013
D. Theodore Rave
University of Texas at Austin - School of Law
Downloads 501 (97,871)
Citation 1

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redistricting, election law, gerrymandering, fiduciary duties, law of democracy, self-dealing

2.

The BP Oil Spill Settlement and the Paradox of Public Litigation

74 Louisiana Law Review 397 (2014), NYU Law and Economics Research Paper No. 13-20
Number of pages: 36 Posted: 13 Jun 2013 Last Revised: 23 Jan 2023
Samuel Issacharoff and D. Theodore Rave
New York University School of Law and University of Texas at Austin - School of Law
Downloads 487 (101,349)
Citation 1

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3.

The Information-Forcing Role of the Judge in Multidistrict Litigation

California Law Review, Forthcoming, UC Berkeley Public Law Research Paper No. 2828461, U of Houston Law Center No. 2016-A-15
Number of pages: 50 Posted: 28 Aug 2016 Last Revised: 29 Oct 2017
Andrew Bradt and D. Theodore Rave
University of California, Berkeley - School of Law and University of Texas at Austin - School of Law
Downloads 376 (136,888)
Citation 1

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multidistrict litigation, MDL, aggregate settlement, class action, mass torts, information forcing, intermediary, aggregate litigation, quasi class action

4.

Aggregation on Defendants' Terms: Bristol-Myers Squibb and the Federalization of Mass Tort Litigation

59 Boston College Law Review 1251 (2018), UC Berkeley Public Law Research Paper, U of Houston Law Center
Number of pages: 70 Posted: 05 Dec 2017 Last Revised: 06 May 2018
Andrew Bradt and D. Theodore Rave
University of California, Berkeley - School of Law and University of Texas at Austin - School of Law
Downloads 372 (138,511)
Citation 2

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MDL, Multidistrict Litigation, Class Action, Aggregate Litigation, Complex Litigation, Personal Jurisdiction, Choice of Law, CAFA, Federalism, Mass Tort, Bristol-Myers Squibb

5.

The False Promise of General Jurisdiction

73 Alabama Law Review 455 (2022), Cornell Legal Studies Research Paper No. 21-33, Fordham Law Legal Studies Research Paper No. 3933982, Northwestern Public Law Research Paper No. 22-03
Number of pages: 28 Posted: 01 Oct 2021 Last Revised: 29 Apr 2022
Maggie Gardner, Pamela K. Bookman, Andrew Bradt, Zachary D. Clopton and D. Theodore Rave
Cornell Law School, Fordham University School of Law, University of California, Berkeley - School of Law, Northwestern University - Northwestern Pritzker School of Law and University of Texas at Austin - School of Law
Downloads 313 (166,820)

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civil procedure, personal jurisdiction, general jurisdiction, specific jurisdiction, Roberts Court, forum non conveniens, conflicts of law

6.

MDL in the States

115 Northwestern University Law Review 1649 (2021), U of Houston Law Center No. 2020-A-12, Northwestern Public Law Research Paper No. 20-15
Number of pages: 88 Posted: 19 Jun 2020 Last Revised: 19 Apr 2021
Zachary D. Clopton and D. Theodore Rave
Northwestern University - Northwestern Pritzker School of Law and University of Texas at Austin - School of Law
Downloads 270 (194,369)
Citation 1

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MDL, multidistrict litigation, mass torts, complex litigation, mass litigation, civil procedure, state procedure, state courts, elected judges, case assignment

7.

Governing the Anticommons in Aggregate Litigation

66 Vanderbilt Law Review 1183 (2013), NYU School of Law, Public Law Research Paper No. 12-42, NYU Law and Economics Research Paper No. 12-30
Number of pages: 78 Posted: 03 Aug 2012 Last Revised: 14 Jun 2013
D. Theodore Rave
University of Texas at Austin - School of Law
Downloads 241 (217,374)
Citation 3

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anticommons, aggregate litigation, mass litigation, aggregate settlement, aggregate settlement rule, ALI Principles, peace premium, non-class, mass torts, class action, collective action clause, Vioxx

8.

Settlement, ADR, and Class Action Superiority

Journal of Tort Law, 2014, Vol. 5 p. 91, U of Houston Law Center
Number of pages: 36 Posted: 24 Jan 2014 Last Revised: 01 May 2014
D. Theodore Rave
University of Texas at Austin - School of Law
Downloads 203 (255,639)

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class action, settlement, alternative dispute resolution, ADR, Aqua Dots, GCCF, superiority, arbitration, complex litigation, class arbitration, Concepcion, Italian Colors, voluntary refund

9.

U.S. Supreme Court Amicus Brief of Civil Procedure Professors in Support of Respondents, Bristol-Myers Squibb Company v. California, No. 16-466

Temple University Legal Studies Research Paper No. 2017-09, UC Berkeley Public Law Research Paper, Cornell Legal Studies Research Paper No. 17-27
Number of pages: 44 Posted: 20 Apr 2017 Last Revised: 05 Jun 2017
Pamela K. Bookman, Andrew Bradt, Zachary D. Clopton, Maggie Gardner and D. Theodore Rave
Fordham University School of Law, University of California, Berkeley - School of Law, Northwestern University - Northwestern Pritzker School of Law, Cornell Law School and University of Texas at Austin - School of Law
Downloads 181 (283,115)

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Personal Jurisdiction, Specific Jurisdiction, Complex Civil Litigation, MDL, Multidistrict Litigation, Due Process, Product Liability

10.

When Peace Is Not the Goal of a Class Action Settlement

Georgia Law Review, Vol. 50, 2016, Forthcoming, U of Houston Law Center No. 2015-A-7
Number of pages: 71 Posted: 27 Mar 2015 Last Revised: 25 May 2016
D. Theodore Rave
University of Texas at Austin - School of Law
Downloads 160 (314,755)

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class action, settlement, arbitration, class action waiver, FCRA, aggregate litigation, peace premium

11.

Questioning the Efficiency of Summary Judgment

New York University Law Review, Vol. 81, pp. 875-910, 2006
Number of pages: 36 Posted: 13 Mar 2012
D. Theodore Rave
University of Texas at Austin - School of Law
Downloads 156 (321,543)

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summary judgment, federal rules of civil procedure, rule 56, efficiency, celotex

12.

It’s Good to Have the ‘Haves’ on Your Side: A Defense of Repeat Players in Multidistrict Litigation

108 Georgetown Law Journal 73 (2019), U of Houston Law Center No. 2019-A-9
Number of pages: 51 Posted: 28 Jun 2019 Last Revised: 07 Nov 2019
Andrew Bradt and D. Theodore Rave
University of California, Berkeley - School of Law and University of Texas at Austin - School of Law
Downloads 148 (335,816)

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multidistrict litigation, MDL, repeat players, aggregate litigation, class actions, mass torts, cartel,

13.

Fiduciary Voters?

Duke Law Journal, Vol. 66, No. 2, 2016, U of Houston Law Center No. 2016-A-28
Number of pages: 48 Posted: 14 Nov 2016 Last Revised: 24 Nov 2016
D. Theodore Rave
University of Texas at Austin - School of Law
Downloads 136 (358,947)

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fiduciary, loyalty, duty, direct democracy, voting, voter, election law, tyranny of the majority, representative

14.

Closure Provisions in MDL Settlements

Fordham Law Review, Vol. 85, No. 5, 2017, U of Houston Law Center
Number of pages: 27 Posted: 01 Apr 2017
D. Theodore Rave
University of Texas at Austin - School of Law
Downloads 127 (378,077)
Citation 1

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Multidistrict Litigation, MDL, Settlement, Aggregate Litigation, Class Actions, Mass Torts, Aggregate Settlement

15.

U.S. Supreme Court Amicus Brief of Civil Procedure Professors in Support of Respondents, Ford Motor Co. v. Montana Eighth Judicial District Court, Nos. 19-368 & 19-369

U of Houston Law Center No. 2020-A-11, Northwestern Public Law Research Paper No. 20-14, Fordham Law Legal Studies Research Paper No. 3570710
Number of pages: 37 Posted: 19 Jun 2020 Last Revised: 28 Jul 2020
Andrew Bradt, Zachary D. Clopton, Maggie Gardner, D. Theodore Rave and Pamela K. Bookman
University of California, Berkeley - School of Law, Northwestern University - Northwestern Pritzker School of Law, Cornell Law School, University of Texas at Austin - School of Law and Fordham University School of Law
Downloads 114 (409,462)
Citation 2

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personal jurisdiction, due process, civil procedure, products liability

16.

Dissonance and Distress in Bankruptcy and Mass Torts

Fordham Law Review, Forthcoming, Northwestern Public Law Research Paper No. 22-28, U of Texas Law, Legal Studies Research Paper
Number of pages: 15 Posted: 16 Sep 2022 Last Revised: 27 Jan 2023
Andrew Bradt, Zachary D. Clopton and D. Theodore Rave
University of California, Berkeley - School of Law, Northwestern University - Northwestern Pritzker School of Law and University of Texas at Austin - School of Law
Downloads 113 (412,126)

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civil procedure, federal courts, bankruptcy, torts, mass torts, MDL

17.

Clifford Symposium: Opioid Cases and State MDLs

70 DePaul L. Rev. 245 (2021)
Number of pages: 30 Posted: 12 Oct 2020 Last Revised: 25 Jan 2022
Zachary D. Clopton and D. Theodore Rave
Northwestern University - Northwestern Pritzker School of Law and University of Texas at Austin - School of Law
Downloads 107 (428,691)

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opioid, MDL, multidistrict litigation, mass torts, civil procedure, opiate, judicial administration, institutional design, courts, attorney general, municipalities

18.

Institutional Competence in Fiduciary Government

Research Handbook on Fiduciary Law (Andrew S. Gold & D. Gordon Smith, eds. Forthcoming), U of Houston Law Center No. 2017-A-13
Number of pages: 21 Posted: 18 May 2017 Last Revised: 19 Mar 2018
D. Theodore Rave
University of Texas at Austin - School of Law
Downloads 107 (428,691)

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fiduciary government, public fiduciary law, fiduciary, gerrymandering, redistricting, duty of loyalty, institutional competence, election law

19.

Two Problems of Fiduciary Governance

Fiduciary Government (Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, Sung Hui Kim, & Paul B. Miller eds., Cambridge University Press, 2018 Forthcoming)
Number of pages: 42 Posted: 27 Jun 2018
D. Theodore Rave
University of Texas at Austin - School of Law
Downloads 106 (431,464)
Citation 1

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collective action, principal-agent problem, tyranny of the majority, agency costs, governance, political process, voting, minority oppression, opportunism, public fiduciary, politicians as fiduciaries, fiduciary government

20.

Texas MDL

24 Lewis & Clark Law Review 367 (2020), U of Houston Law Center No. 2020-A-39, Northwestern Public Law Research Paper No. 20-21
Number of pages: 27 Posted: 10 Sep 2020 Last Revised: 08 Oct 2020
D. Theodore Rave and Zachary D. Clopton
University of Texas at Austin - School of Law and Northwestern University - Northwestern Pritzker School of Law
Downloads 84 (502,091)

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multidistrict litigation, complex litigation, mass torts, civil procedure, state courts, federalism, judicial elections

21.

Tort Claims As Property Rights

DePaul Law Review, Vol. 69, No. 2, 2020
Number of pages: 25 Posted: 16 Sep 2021
D. Theodore Rave
University of Texas at Austin - School of Law
Downloads 77 (528,574)

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mass torts, property, settlement, option theory, class actions, Clifford Symposium

22.

Multidistrict Litigation and the Field of Dreams

101 Texas Law Review 1595 (2023), U of Texas Law, Legal Studies Research Paper
Number of pages: 27 Posted: 12 Apr 2023 Last Revised: 14 Jun 2023
D. Theodore Rave
University of Texas at Austin - School of Law
Downloads 71 (553,200)

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multidistrict litigation, MDL, mass torts, frivolous claims, aggregate litigation

23.

A Hub-and-Spoke Model of Multidistrict Litigation

Law and Contemporary Problems, Vol. 84, No. 2, 2021, U of Texas Law, Public Law Research Paper
Number of pages: 23 Posted: 22 Jul 2021
D. Theodore Rave and Francis E. McGovern
University of Texas at Austin - School of Law and Duke University School of Law
Downloads 64 (584,275)

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multidistrict litigation, complex litigation, mass torts, civil procedure, opioids, hub-and-spoke, MDL

24.

Conversation, Representation, and Allocation: Justice Breyer's Active Liberty

New York University Law Review, Vol. 81, pp. 1505-1517, 2006
Number of pages: 13 Posted: 13 Mar 2012
D. Theodore Rave and Michael A. Livermore
University of Texas at Austin - School of Law and University of Virginia School of Law
Downloads 61 (598,447)

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25.

U.S. Supreme Court Amicus Brief of Professor D. Theodore Rave in Support of Appellees, Rucho v. Common Cause, No. 18-422

Number of pages: 22 Posted: 01 Apr 2019
D. Theodore Rave
University of Texas at Austin - School of Law
Downloads 41 (712,169)

Abstract:

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gerrymandering, redistricting, public fiduciary law, political question doctrine

26.

U.S. Supreme Court Amicus Brief of Professor D. Theodore Rave in Support of Appellees, Gill v. Whitford, No. 16-1161

Number of pages: 21 Posted: 07 Sep 2017
D. Theodore Rave
University of Texas at Austin - School of Law
Downloads 38 (732,814)

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gerrymandering, redistricting, districting, election law, fiduciary, public fiduciary, fiduciary government, corporate law, safe harbor, Gill v. Whitford, political question, justiciability