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Alexandra D. Lahav

Class Actions

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Full-Text Articles in Law

The Curse Of Bigness And The Optimal Size Of Class Actions, Alexandra Lahav Oct 2010

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 Mar 2007

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.