In recent years, much political and legal debate has centered on
the class action lawsuit. Many lawyers and judges have noted the
intense pressure to settle caused by the very filing of a suit.
Some contend that the procedure amounts to a form of judicial
blackmail. Others counter that it is an effective means of policing
corporate behavior and assuring injured victims' fair compensation.
This book represents the first scholarly effort to view the modern
class action comprehensively through the lenses of American
political and constitutional theory. Redish argues that the modern
class action undermines foundational constitutional principles,
including procedural due process and separation of powers, and has
been improperly transformed from its origins as a complex
procedural device into a means for altering controlling substantive
law in highly undemocratic ways. Redish proposes an alternative
vision of the class action lawsuit, one that is designed to enable
the device to serve its valuable procedural purposes without
simultaneously contravening core precepts of American
constitutional democracy.
General
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