1. The Rational Class: Richard Posner and Efficiency as Due Process.
- Author
-
Cabraser, Elizabeth J.
- Subjects
MODERN society ,CLASS actions ,CONSTITUTIONAL amendments ,LEGAL justification - Abstract
"Modern society seems increasingly to expose men to ... group injuries for which individually they are in a poor position to seek legal redress, either because they do not know enough or because such redress is disproportionately expensive. If each is left to assert his rights alone if and when he can, there will at best be a random and fragmentary enforcement, if there is any at all. This result is not only unfortunate in the particular case, but it will operate seriously to impair the deterrent effect of the sanctions which underlie much contemporary law. The problem of fashioning an effective and inclusive group remedy is thus a major one." [ABSTRACT FROM AUTHOR]
- Published
- 2014