Add to ORKGWhat can we learn from including class members’ voices in the process of approving settled class actions? How does the opportunity provided to class members to participate in a public hearing relate to the inherent tension between individualism and the goals of aggregate litigation? Employing a unique methodology for analyzing court transcripts and using original data, this paper provides a renewed and rich depiction of the fairness hearing—a public hearing mandated by the Federal Rules of Civil Procedure—which is held before the court can approve a settlement in a class action. Situated both within socio-legal studies and mass litigation scholarship, the following analysis combines empirical questions concerning the actual function of the ...
John Oakley has entitled the panel discussion, and now this symposium, Summing Up Procedural Justic...
The American legal system has witnessed a gradual, almost surreptitious, movement toward collective...
Although class action lawsuits have been the subject of much scholarly research, the vast majority o...
How much participation should a procedurally just court system offer litigants? This question has al...
When the same defendant harms many people in similar ways, a plaintiff’s ability to meaningfully par...
In this paper, I describe the face of modern civil justice and discuss four paradoxes which justify ...
To be made effective, class action settlements must be negotiated fairly, be perceived as fair and r...
From their origins until the present date, class actions have rested on the assumption that those wi...
In a post-Class Action Fairness Act world, the modern mass-tort class action is disappearing. Indeed...
Professor Owen Fiss\u27s seminal work, The Civil Rights Injunction, inspired a generation of scholar...
Over the past decades, aggregate litigation has become more common; through various statutory, rule-...
Six decades ago, a group of lawyers sought ways to overturn the racially restrictive covenants that ...
Using examples from the law of res judicata, class actions, and personal jurisdiction, I show how th...
Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individua...
The questions I address are these: Is fairness related to advocacy? Is fairness a concept that law t...
John Oakley has entitled the panel discussion, and now this symposium, Summing Up Procedural Justic...
The American legal system has witnessed a gradual, almost surreptitious, movement toward collective...
Although class action lawsuits have been the subject of much scholarly research, the vast majority o...
How much participation should a procedurally just court system offer litigants? This question has al...
When the same defendant harms many people in similar ways, a plaintiff’s ability to meaningfully par...
In this paper, I describe the face of modern civil justice and discuss four paradoxes which justify ...
To be made effective, class action settlements must be negotiated fairly, be perceived as fair and r...
From their origins until the present date, class actions have rested on the assumption that those wi...
In a post-Class Action Fairness Act world, the modern mass-tort class action is disappearing. Indeed...
Professor Owen Fiss\u27s seminal work, The Civil Rights Injunction, inspired a generation of scholar...
Over the past decades, aggregate litigation has become more common; through various statutory, rule-...
Six decades ago, a group of lawyers sought ways to overturn the racially restrictive covenants that ...
Using examples from the law of res judicata, class actions, and personal jurisdiction, I show how th...
Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individua...
The questions I address are these: Is fairness related to advocacy? Is fairness a concept that law t...
John Oakley has entitled the panel discussion, and now this symposium, Summing Up Procedural Justic...
The American legal system has witnessed a gradual, almost surreptitious, movement toward collective...
Although class action lawsuits have been the subject of much scholarly research, the vast majority o...