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Full-Text Articles in Law
Due Process And The Future Of Class Actions, Alexandra Lahav
Due Process And The Future Of Class Actions, Alexandra Lahav
Faculty Articles and Papers
No abstract provided.
Symmetry And Class Action Litigation, Alexandra Lahav
Symmetry And Class Action Litigation, Alexandra Lahav
Faculty Articles and Papers
In ordinary litigation, parties often have different resources to devote to their lawsuit. This is a problem because the adversarial system is predicated on two (or more) parties, equal and opposite one another, making their best arguments to a neutral judge. The class action is a procedural device that aims to equalize resources between individual plaintiffs and organizational defendants by allowing plaintiffs to pool their claims. Current developments of class action doctrine, however, reinforce in the courtroom the asymmetry that exists between individual plaintiffs and organizational defendants outside the court. This Article explores these trends and the questions they raise. …
Six Degrees Of Separation: From Derivative Suits To Shareholder Class Actions, Ángel Oquendo
Six Degrees Of Separation: From Derivative Suits To Shareholder Class Actions, Ángel Oquendo
Faculty Articles and Papers
Trans-individual litigation has revolutionized modern law. It has radically altered the manner of assertion and adjudication of legal claims. Beyond concerning a large number of people, the underlying suits operate in a unique fashion. In particular, they call for the constant protection of the interests of the parties on whose behalf the plaintiffs purport to speak. Not surprisingly, corporate law has partaken in this phenomenon. For instance, derivative suits allow individuals to sue for a larger collectivity, somewhat along the lines of the citizen suits established over a century later. Of course, they entertain the claims of the corporation, rather …