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Full-Text Articles in Law
No-Injury And Piggyback Class Actions: When Product-Defect Class Actions Do Not Benefit Consumers, Philip S. Goldberg, Andrew J. Trask
No-Injury And Piggyback Class Actions: When Product-Defect Class Actions Do Not Benefit Consumers, Philip S. Goldberg, Andrew J. Trask
University of Massachusetts Law Review
Class counsel are more frequently filing product-based class actions that, whether successful or not, offer few practical benefits to real consumers or class members. These no-benefit class actions cause the unnecessary expense of the courts’ time and resources, and they often fail to provide actual value to class members while still producing substantial attorneys’ fees. This article explores why strategic vagueness in plaintiffs’ filings and a lack of vigorous analysis by the courts have allowed no-benefit class actions to unnecessarily consume court resources. The article concludes by offering suggestions for how courts can alleviate some of this pressure, primarily by …
The Cruel And Unusual Punishment Of Prison Rape: Why The Prison Rape Elimination Act Failed And How To Fix It, Savannah G. Plaisted
The Cruel And Unusual Punishment Of Prison Rape: Why The Prison Rape Elimination Act Failed And How To Fix It, Savannah G. Plaisted
University of Massachusetts Law Review
Recent studies show the rate of sexual abuse endured in prisons has been steadily increasing. To remedy this issue, the Prison Rape Elimination Act was passed in 2003, however it has had no legitimate impact on the rate of sexual abuse in prisons due to the absence of mandatory rules upon prisons and a private right of action. This note will argue that prison rape is an Eighth Amendment violation but is not punished as one and that the Prison Rape Elimination Act failed to provide Survivors of prison sexual abuse with any legitimate recourse against violators of the law. …