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Full-Text Articles in Law
Due Process And The Future Of Class Actions, Alexandra Lahav
Due Process And The Future Of Class Actions, Alexandra Lahav
Faculty Articles and Papers
No abstract provided.
Symmetry And Class Action Litigation, Alexandra Lahav
Symmetry And Class Action Litigation, Alexandra Lahav
Faculty Articles and Papers
In ordinary litigation, parties often have different resources to devote to their lawsuit. This is a problem because the adversarial system is predicated on two (or more) parties, equal and opposite one another, making their best arguments to a neutral judge. The class action is a procedural device that aims to equalize resources between individual plaintiffs and organizational defendants by allowing plaintiffs to pool their claims. Current developments of class action doctrine, however, reinforce in the courtroom the asymmetry that exists between individual plaintiffs and organizational defendants outside the court. This Article explores these trends and the questions they raise. …
Underclaiming And Overclaiming, Peter Siegelman, Sachin Pandya
Underclaiming And Overclaiming, Peter Siegelman, Sachin Pandya
Faculty Articles and Papers
Arguments that we have too much litigation (overclaiming) or too little (underclaiming) cannot be valid without estimating how many of the undecided claims that are brought (actual claims) or not brought (potential claims) have or lack legal merit. We identify the basic conceptual structure of such underclaiming and overclaiming arguments, which entails inferences about the distribution of actual or potential claims by their probability of success on the merits within a claims-processing institution. We then survey the available methods for estimating claim merit.