Myriam Gilles

Professor of Law, Paul R. Verkuil Chair in Public Law

Education

B.A., 1993, Harvard University
J.D., 1996, Yale Law School

Areas of Expertise

Civil Procedure
Civil Rights
Torts

Bio

Myriam Gilles specializes in class actions and aggregate litigation, and has written extensively on class action waivers in arbitration clauses. She also writes on structural reform litigation and tort law. She is the #5 most cited civil procedure professor in the country. Her articles have appeared in top law reviews, including Chicago, Columbia, Michigan, and Penn. Professor Gilles teaches Torts, Products Liability, Class Actions & Aggregate Litigation. She has testified before Congress on consumer protections. Professor Gilles served as Cardozo's vice dean from 2016=2018. She has been a visiting professor at the University of Virginia Law School and in 2005-06, was a fellow in the Program of Law and Public Affairs at Princeton University.

 

Publications

The New Qui Tam: Enforcing Group Rights In A Hostile Era (work in progress, 2018);

 

The Politics of Access: Examining Concerted State/Private Enforcement Solutions to Class Action Bans, Colloquium: Access to Justice and the Legal Profession in an Era of Contracting Civil Liability, 86 FORDHAM L. REV. 2223 (2018);

 

The Radical Majoritarianism of Rule 23(b)(2) (with Gary Friedman) Symposium: The 50th Anniversary of the Modern Class Action Rule, 65 KANSAS L. REV. 989 (2017);

 

Can John Coffee Rescue the Private Attorney General? Lessons from the Credit Card Wars, 83 U. CHI. L. REV. 1001 (2016);

 

Class Warfare: The Disappearance of Low-Income Litigants from the Civil Docket, Symposium: The War on the Civil Justice System (co-sponsored by the Pound Civil Justice Institute), 65 EMORY L. REV. 1531 (2016)

 

Upending Supreme Court Precedent: Charting the Judicial Rise and Predicting the Regulatory Demise of Mandatory Arbitration in Standard-Form Contracts, in Materials for the Joint Seminar of the Appellate Division, New York State Courts (May 2015);

 

The Day Doctrine Died: Private Arbitration and the End of Law, 2016 U. ILL. L. REV. (2016);

 

The Demise of Deterrence: Mandatory Arbitration and the “Litigation Reform” Movement, in FORCED ARBITRATION AND THE FATE OF THE 7TH AMENDMENT: THE CORE OF AMERICA’S

LEGAL SYSTEM AT STAKE? (Pound Civil Justice Institute, July 2014);

 

Individualized Injunctions and No-Modification Terms: Challenging “Anti-Reform” Provisions in Arbitration Clauses, Symposium: Leading from Below, in honor of Judge Jack Weinstein, 69 U. MIAMI L. REV. 469 (2015);


 

Tribal Rituals of the MDL, 5 J. OF TORT LAW 173 (2014);

 

Operation Arbitration: Privatizing Medical Malpractice Claims, 15 THEORETICAL INQUIRIES IN

LAW 671 (2014);

 

Crowd-classing Individual Arbitrations in a Post-Class Action Era (with Anthony Sebok), Annual Clifford Symposium on Tort Law and Social Policy, 63 DEPAUL L. REV. 447 (2014);

 

Killing Them With Kindness: Examining “Consumer-Friendly” Arbitration Clauses After AT&T Mobility v. Concepcion, 88 NOTRE DAME L. REV. 825 (2013);

 

Procedure in Eclipse: Group-Based Adjudication in a Post-Concepcion Era, 56 ST. LOUIS L. REV. 1203 (2012) (symposium honoring Prof. Judith Resnik);

 

After Class: Aggregate Litigation in the Wake of ATT v. Concepcion (with Gary Friedman), 79 U. CHI. L. REV. 623 (2012);

 

Public-Private Approaches to Mass Tort Victim Compensation: Some Thoughts on the Gulf Coast Claims Facility, Annual Clifford Symposium on Tort Law and Social Policy, 61 DEPAUL L. REV. 419 (2012);

 

Class Dismissed: Contemporary Judicial Hostility to Class Certification, Annual Clifford Symposium on Tort Law and Social Policy, 59 DEPAUL L. REV. 201 (2010);

 

Police, Race and Crime in 1950s Chicago: Monroe v. Pape as Legal Noir, in CIVIL RIGHTS STORIES (Foundation Press) (2008) (also co-edited this volume with Risa Goluboff);

 

Exploding the Class Action Agency Costs Myth: The Social Utility of Entrepreneurial Lawyers

(with Gary Friedman), 155 PENN. L. REV. 103 (2006);

 

Opting Out of Liability: The Forthcoming Near-Total Demise of the Modern Class Action, 104 MICH. L. REV. 373 (2005) [selected for Stanford-Yale Junior Faculty Forum, Stanford University, May 2005];

 

Introduction to Symposium: Private Parties as Defendants in Civil Rights Litigation, 26 CARDOZO L. REV. 1 (2004);

 

An Autopsy of Structural Reform Litigation . . . Oops, It’s Still Moving!, Symposium: Fiss’s Way: The Scholarship of Owen Fiss, 58 U. MIAMI L. REV. 143 (2003);

 

In Defense of Making Government Pay: The Deterrent Effect of Constitutional Tort Damages, Symposium: Reexamining First Principles, Deterrence and Corrective Justice in Constitutional Torts, 35 GA. L. REV. 845 (2001);

 

Representational Standing: U.S. ex rel. Stevens and the Future of Public Law Litigation, 89 CAL. L. REV. 315 (2001);

 

Reinventing Structural Reform Litigation: Deputizing Private Citizens in the Enforcement of Civil Rights, 100 COLUM. L. REV. 1384 (2000);


Breaking the Code of Silence: Rediscovering “Custom” in Section 1983 Municipal Liability, 80 B.U. L. REV. 17 (1999);

 

(With Mark Herrmann) First-Year Associate Basics: From the Partner’s Perspective and From the Associate’s Perspective, 25 A.B.A. LITIGATION JOURNAL 1, 9 (1998).

 

 

Selected Conferences and Programs

 

Panelist, Fiss’s Way: The Scholarship of Owen Fiss, Panel on Judicial Power, University of Miami (in conjunction with the Yale Law School), March 23-25, 2003, Miami, FL.;

 

University of Virginia Law School, Faculty Workshop on Opting Out of Liability paper, November 12, 2004;

 

Duke Law School, Faculty Workshop on Opting Out of Liability, February 8, 2005; Columbia Law School, Faculty Workshop on Opting Out of Liability, February 16, 2005;

Panelist, “Class Actions: Empirical, Anecdotal and Understood Truths,” Law & Society Conference, June 2005;

 

UCLA Law School, Faculty Workshop on Exploding Agency Costs, March 17, 2006;

 

Washington University at St. Louis, Faculty Workshop on Exploding Agency Costs, April 3, 2006;

 

Princeton University, Program in Law and Public Affairs Seminar on Exploding Agency Costs, April 10, 2006;

 

Presenter, Cecil D. Branstetter Litigation & Dispute Resolution Program, Vanderbilt University, April 14, 2006;

 

Northwestern Law School, Faculty Workshop on Exploding Agency Costs, April 20, 2006.

 

University of Illinois School of Law, Faculty Workshop on Exploding Agency Costs, September 29, 2006;

 

Presenter, University of Pennsylvania Law School, Law Review Author’s Luncheon, October 27, 2006;

 

Organizer, Cardozo Law School, Public Justice & American Constitution Society Conference: Justice and the Role of Class Actions, March 13, 2008;

 

Panelist, American Constitution Society Conference: Class Actions and Access to Justice, NYU Law School, January 21, 2010;

 

Participant, Cecil D. Branstetter Litigation & Dispute Resolution Program, Vanderbilt University: Roundtable Discussion on Attorneys’ Fees in Aggregate Litigation, February 5, 2010;


Presenter, Clifford Symposium “Rising Stars in Civil Procedure,” presented Class Dismissed;

DePaul University, April 14-15, 2010;

 

Presenter, University of Houston Faculty Colloquium on Some Thoughts on the Gulf Coast Claims Facility, February 17, 2011;

 

Presenter, UNC Faculty Speaker Series on Some Thoughts on the Gulf Coast Claims Facility, March 17, 2011;

 

Participant, Clifford Symposium in honor of Robert Rabin, Depaul University, Some Thoughts on the Gulf Coast Claims Facility, April 14-15, 2011;

 

Moderator, 9/11 Victims’ Compensation Fund: A Look Back, Cardozo Law School, Sept. 12, 2011;

 

Presenter, University of Miami Law School, Faculty Workshop, September 30, 2011;

 

Panelist, St. Louis University School of Law, Symposium: Justice Systems Circa 2011: Public Courts, Military Commissions, and Aggregate Processing, November 11, 2011;

 

Panelist, Remedies for Big Disasters, AALS Annual Meeting, January 7, 2012;

 

Organizer and panelist, AT&T Mobility v. Concepcion: One Year Later, Cardozo Law School, April 26, 2012;

 

Commentator, Vanderbilt Law School, New Voices in Civil Justice Workshop, May 7, 2012;

 

Presenter, Association of American Law Schools’ Workshop on Torts, Environment, and Disaster, June 8-10, 2012;

 

Panelist, Arbitration and Class Actions, Class Action Symposium, George Washington University Law School, March 7-8, 2013;

 

Presenter, A Brave New World: The Changing Face of Litigation and Law Firm Finance, Clifford Symposium, presented Crowd-Classing DePaul University, April 18-19, 2013;

 

Presenter, New Approaches for a Safer and Healthier Society, Tel Aviv University, Cegla Center, presented Operation Arbitration, May 20-22, 2013;

 

Presenter, Consumer Remedies After Concepcion, Forum on Class Actions and Aggregate Litigation, ALI, Philadelphia, June 7, 2013;

 

Faculty workshop on Operation Arbitration, Boston University School of Law, Sept. 19, 2013;

 

Commentator, The Public Life of Private Law: Conference in Honor of Richard Nagareda, Vanderbilt Law School, Sept. 27-28, 2013;

 

Panelist, “Arbigeddon” Has the Revolution to End Class Actions Spawned Weapons of Mass Arbitration?, 17th Annual ABA Class Actions National Institute, Boston, MA, Oct. 23-24, 2013;


Commentator, The Federal Rules at 75, University of Pennsylvania Law School, Nov. 15-16, 2013;

 

Panelist, Federal Bar Council Winter Retreat, Recent Developments in Class Action Law (chaired by Judge Raymond Lohier, 2nd Cir.), Feb. 8-14, Costa Rica;

 

Presenter, Leading from Below: A Symposium in Honor of Jack Weinstein, University of Miami Law School, Feb. 14, 2014;

 

Presenter, Pound Institute for Justice Judge’s Forum on Forced Arbitration and the Fate of the 7th Amendment, Baltimore MD, July 26, 2014;

 

Presenter, Democratic Attorney Generals’ Fall Meeting, Philadelphia PA, September 20-21, 2014;

 

Presenter, The Future of Class Action Litigation: A View from the Consumer Class, NYU Civil Justice Center Program, Nov. 7, 2014;

 

Commentator, 1st Annual Civil Procedure Workshop, Seattle, WA, July 2015;

 

Symposium participant, “The War on the U.S. Civil Justice System,” Emory Law School, October 2015;

 

Symposium participant, “The 50th Anniversary of the Modern Class Action Rule,” Kansas Law School, October 2016;

 

Colloquium participant, “Access to Justice and the Legal Profession in an Era of Contracting Civil Liability,” Fordham Law School, October 2017;

 

Seattle University Law School, Faculty Workshop on The New Qui Tam paper, September 2018;

 

 

Legislative and Regulatory Activities

Testimony before the Vermont Senate Judiciary Committee on the Model State Consumer Enforcement Act, S. 105, Jan. 4, 2018, available at https://legislature.vermont.gov/assets/Documents/2018/WorkGroups/Senate%20Judiciary/Bills/S. 105/S.105~Professor%20Myriam%20Gilles~Written%20Testimony~1-4-2018.pdf.

 

Testimony before the U.S. Senate Judiciary Committee on “The Impact of Lawsuit Abuse on American Small Businesses and Job Creators,” Nov. 8, 2017, written testimony available at https://www.judiciary.senate.gov/imo/media/doc/11-08-17%20Gilles%20Testimony.pdf.

 

Testimony before the U.S. Senate Judiciary Committee on the Arbitration Fairness Act of 2013 [S. 878/H.R. 1844], Tuesday, December 17, 2013, written testimony available at http://www.judiciary.senate.gov/imo/media/doc/12-17-13GillesTestimony.pdf and http://www.judiciary.senate.gov/imo/media/doc/121713QFRs-Gilles.pdf; transcript of oral testimony at http://www.nasaa.org/wp-content/uploads/2013/12/Transcript-of-the-Dec.-17- Senate-Judiciary-Committee-Hearing.pdf.

 

Field Hearing of the Consumer Financial Protection Bureau, March 10, 2015, available at http://www.consumerfinance.gov/blog/live-from-newark/.


 

Senate Briefing on the CFPB Arbitration Study and New Polling on Mandatory Arbitration, March 12, 2015.

 

Other Professional Activities

Board Member, Public Justice (2018-present)

Board Member, Justice Resource Center (2015-present); Chair, Civil Rights Section, AALS (2003-2004);

Executive Committee Member, Class Action Preservation Project, Public Justice Foundation (2006-2010; 2018-present);

Recipient, The American Association for Justice, Robert L. Habush Endowment Fund (2013-2014).