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Litigation

University of Connecticut

2008

Articles 1 - 3 of 3

Full-Text Articles in Law

Developments In Connecticut Criminal Law: 2007, Timothy Everett Jan 2008

Developments In Connecticut Criminal Law: 2007, Timothy Everett

Faculty Articles and Papers

No abstract provided.


Dealing Fairly With Estate And Trust Beneficiary Complaints, Robert Whitman Jan 2008

Dealing Fairly With Estate And Trust Beneficiary Complaints, Robert Whitman

Faculty Articles and Papers

No abstract provided.


Bellwether Trials, Alexandra Lahav Jan 2008

Bellwether Trials, Alexandra Lahav

Faculty Articles and Papers

At the core of the controversy over mass torts lies a fundamental question: what justifies collective litigation? Scholars considering this question make one of two arguments. They either argue that collective justice must be limited by a process-based right to participation based on autonomy values, or they argue that collective justice is justified by utilitarian values and dismiss participation altogether. This Article presents a third alternative: that the democratic nature of the jury trial validates group typical justice, a subset of collective justice. The Article re-envisions the trial as a democratic enterprise, rather than solely an atomistic one. An innovative …