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The Trouble With The Adversary System In A Postmodern, Multicultural World, Carrie Menkel-Meadow
The Trouble With The Adversary System In A Postmodern, Multicultural World, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
In this Essay I suggest the heretical notion that the adversary system may no longer be the best method for our legal system to deal with all of the matters that come within its purview. If latetwentieth century learning has taught us anything, it is that truth is illusive, partial, interpretable, dependent on the characteristics of the knowers as well as the known, and, most importantly, complex. In short, there may be more than just two sides to every story. The binary nature of the adversary system and its particular methods and tactics often may thwart some of the essential …
Representing The Unrepresented In Class Action Settlements, Brian Wolfman
Representing The Unrepresented In Class Action Settlements, Brian Wolfman
Georgetown Law Faculty Publications and Other Works
Class actions are important and useful both to deter wrongful conduct and to provide compensation for injured plaintiffs. In complex cases, however, the existing class action structure falters. In this article, Messrs. Wolfman and Morrison argue that in "settlement class actions" the current class action rules do not adequately protect class members whose interests do not coincide with those of the class representatives and the class attorneys. Through a survey of recent, prominent settlement class actions, the authors show that the current system does not fairly treat subgroups in a class with respect to matters as diverse as future injury, …