TITLE

THE ADAPTIVE AMERICAN JUDICIARY: FROM CLASSICAL ADJUDICATION TO CLASS ACTION LITIGATION

AUTHOR(S)
Miller, Chris H.
PUB. DATE
February 2009
SOURCE
Albany Law Review;2009, Vol. 72 Issue 1, p117
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Beginning primarily in the late-twentieth century, the American legal system underwent several rather dramatic changes in procedure and practice. In particular, class action litigation has become one of the distinguishing features of our legal system and it remains one of the most politically controversial areas of law. This article outlines recent fundamental changes in the American legal system by examining several prominent legal models suggested by scholars. It also specifically evaluates the class action device by theoretically analyzing several widely expressed concerns. Although these concerns are sensible, the history of the American legal system has demonstrated its remarkable adaptability and a careful analysis of specific concerns suggests some promising solutions, several of which have already resulted in considerable improvements.
ACCESSION #
41995305

 

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