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The Liberal Case Against The Modern Class Action, Martin H. Redish Jan 2020

The Liberal Case Against The Modern Class Action, Martin H. Redish

Vanderbilt Law Review

Those who classify themselves as liberal generally favor widespread use of class actions as a means of policing corporate misbehavior and protecting the individual worker or consumer against capitalist excesses. In this Essay, however, I take the counterintuitive position that while class action practice could conceivably be modified in ways that make it far more acceptable than it currently is, liberal political theory should be very skeptical of the modern class action device as it currently exists. Defining the foundation of liberal thought as a process-based belief in accountable democratic government and respect for the right of individuals to protect …


The Roberts Court & The Business Cases, Kenneth W. Starr Mar 2012

The Roberts Court & The Business Cases, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.