Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
The Curse Of Bigness And The Optimal Size Of Class Actions, Alexandra Lahav
The Curse Of Bigness And The Optimal Size Of Class Actions, Alexandra Lahav
Alexandra D. Lahav
How big is too big when it comes to class actions? This short essay, written for the Vanderbilt Law Review En Banc roundtable on Dukes v. Wal-Mart Stores, Inc. examines that question. Size in itself should not be a barrier to certification, but courts may rightly be concerned with variation within the class. Variation causes manageability problems, but in some cases (like Dukes) variation can be managed within the class context by judicious use of statistical methods. I also demonstrate why the related argument that this class ought not be certified because it is too big and Wal-Mart will be …
The Law And Large Numbers: Preserving Adjudication In Complex Litigation, Alexandra Lahav
The Law And Large Numbers: Preserving Adjudication In Complex Litigation, Alexandra Lahav
Alexandra D. Lahav
This Article describes how the power to regulate tortfeasors has been transferred from the courts to private parties. It situates court resistance to administrative resolution of mass torts in the historical debate over bureaucracy in government. Instead of privatizing mass tort settlements, courts should take an active role in administering the resolution of mass torts.