Writing

Newberg and Rubenstein on Class Actions

Since 2007, Professor Rubenstein has been the sole author of Newberg on Class Actions, the leading national treatise on class action law. The Sixth Edition, now entitled Newberg and Rubenstein on Class Actions, issued in 2022. Use this treatise on Westlaw by going to database “Newberg” or click here to purchase the print edition.

Scholarly Journals

  • Deconstitutionalizing Personal Jurisdiction: A Separation of Powers Approach, Harvard Public Law Working Paper No. 20-34
  • The Negotiation Class: A Cooperative Approach to Class Actions Involving Large Stakeholders, 99 Tex. L. Rev. 73 (2020)
  • Profit for Costs, 63 DePaul L. Rev. 587 (2014) (with Morris A. Ratner)
  • Procedure and Society: An Essay for Steve Yeazell, 61 U.C.L.A. Rev. Disc. 136 (2013)
  • Shedding Light on Outcomes in Class Actions, in Confidentiality, Transparency, and the U.S. Civil Justice System 20-59 (Joseph W. Doherty, Robert T. Reville, and Laura Zakaras eds. 2008) (with Nicholas M. Pace)
  • Understanding the Class Action Fairness Act of 2005 (2005)
  • Finality in Class Action Litigation: Lessons From Habeas, 82 N.Y.U. Law Review 790 (2007)
  • Why Enable Litigation?: A Positive Externalities Theory of the Small Claims Class Action, 74 University of Missouri-Kansas City Law Review 709 (2006)
  • The Fairness Hearing: Adversarial and Regulatory Approaches, 53 U.C.L.A. Law Review 1435 (2006)
  • On What a Private Attorney General is - And Why it Matters, 57 Vanderbilt Law Review 2120 (2004)
  • The Concept of Equality in Civil Procedure, 23 Cardozo Law Review 1865 (2002)
  • A Transactional Model of Adjudication, 89 Georgetown Law Journal 371(2001)
  • The Myth of Superiority, 16 Constitutional Commentary 599 (1999)
  • Divided We Litigate: Addressing Disputes Among Clients and Lawyers in Civil Rights Campaigns, 106 Yale L. J. 1623 (1997)

Lawyering Periodicals

  • Supreme Court Round-Up - Part I, 5 Class Action Attorney Fee Digest 263 (July-August 2011)
  • Class Action Fee Award Procedures, 5 Class Action Attorney Fee Digest 3 (January 2011)
  • Civil Procedure and Complex Litigation Professors’ Amicus Brief in AT&T Mobility LLC v. Concepcion
  • Contingent Fees for Representing the Government: Developments in California Law, 4 Class Action Attorney Fee Digest 335 (September 2010)
  • Supreme Court Round-Up, 4 Class Action Attorney Fee Digest 251 (July 2010)
  • SCOTUS Okays Performance Enhancements in Federal Fee Shifting Cases – At Least In Principle, 4 Class Action Attorney Fee Digest 135 (April 2010)
  • The Puzzling Persistence of the “Mega-Fund” Concept, 4 Class Action Attorney Fee Digest 39 (February 2010)
  • 2009: Class Action Fee Awards Go Out With A Bang, Not A Whimper, 3 Class Action Attorney Fee Digest 483 (December 2009)
  • Privatizing Government Litigation: Do Campaign Contributors Have an Inside Track? 3 Class Action Attorney Fee Digest 407 (October 2009)
  • Supreme Court Preview, 3 Class Action Attorney Fee Digest 307 (August 2009)
  • Supreme Court Round-Up, 3 Class Action Attorney Fee Digest 259 (July 2009)
  • What We Now Know About How Lead Plaintiffs Select Lead Counsel (And Hence Who Gets Attorneys Fees!) in Securities Cases, 3 Class Action Attorney Fee Digest 3 (June 2009)
  • Beware Of Ex Ante IncentIve Award Agreements, 3 Class Action Attorney Fee Digest 175 (May 2009)
  • On What a “Common Benefit Fee” Is, Is Not, and Should Be, 3 Class Action Attorney Fee Digest 87 (March 2009)
  • 2009: Emerging Issues in Class Action Fee Awards, 3 Class Action Attorney Fee Digest 3 (January 2009)
  • 2008: The Year in Class Action Fee Awards, 2 Class Action Attorney Fee Digest 465 (December 2008)
  • The Largest Fee Award - Ever! 2 Class Action Attorney Fee Digest 337 (September 2008)
  • Why Are Fee Reductions Always 50%?: On The Imprecision of Sanctions for Imprecise Fee Submissions, 2 Class Action Attorney Fee Digest 295 (August 2008)
  • Supreme Court Round-Up, 2 Class Action Attorney Fee Digest 257 (July 2008)
  • Fee-Shifting For Wrongful Removals: A Developing Trend? 2 Class Action Attorney Fee Digest 177 (May 2008)
  • You Cut, I Choose: (Two Recent Decisions About) Allocating Fees Among Class Counsel, 2 Class Action Attorney Fee Digest 137 (April 2008)
  • Why The Percentage Method? 2 Class Action Attorney Fee Digest 93 (March 2008)
  • Reasonable Rates: Time to Reload The (Laffey) Matrix, 2 Class Action Attorney Fee Digest 47 (February 2008)
  • "Lodestar Percentage:" A New Concept For Fee Decisions? 2 Class Action Attorney Fee Digest 3 (January 2008)
  • Class Action Practice Today: An Overview, ABA Section of Litigation, Class Actions Today 4 (2008)
  • The American Law Institute's New Approach to Class Action Objectors' Attorneys Fees, 1 Class Action Attorney Fee Digest 347 (November 2007)
  • The American Law Institute's New Approach to Class Action Attorneys Fees, 1 Class Action Attorney Fee Digest 307 (October 2007)
  • "The Lawyers Got More Than The Class Did!": Is It Necessarily Problematic When Attorneys Fees Exceed Class Compensation? 1 Class Action Attorney Fee Digest 233 (August 2007)
  • Supreme Court Round-Up, 1 Class Action Attorney Fee Digest 201 (July 2007)
  • On The Difference Between Winning and Getting Fees, 1 Class Action Attorney Fee Digest 163 (June 2007)
  • Divvying Up The Pot: Who Divides Aggregate Fee Awards, How, and How Publicly? 1 Class Action Attorney Fee Digest 127 (May 2007)
  • On Plaintiff Incentive Payments, 1 Class Action Attorney Fee Digest 95 (April 2007)
  • Percentage of What? 1 Class Action Attorney Fee Digest 63 (March 2007)
  • Lodestar v. Percentage: The Partial Success Wrinkle, 1 Class Action Attorney Fee Digest 31 (February 2007) (with Alan Hirsch)

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