Book contents
- The Cambridge International Handbook of Class Actions
- The Cambridge Handbook of Class Actions
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Acknowledgments
- Part I The United States
- 1 The US Class Action from a Utilitarian Perspective
- 2 Civil Rights, Access to Counsel, and Injunctive Class Actions in the United States
- 3 Class Action Nuisance Suits
- 4 How Many Class Actions Are Meritless?
- 5 The Future of Aggregate Litigation in the United States
- Part II The Americas
- Part III Europe
- Part IV Asia and the South Pacific
- Part V Middle East and Africa
1 - The US Class Action from a Utilitarian Perspective
Balancing Social Benefits and Social Costs
from Part I - The United States
Published online by Cambridge University Press: 29 January 2021
- The Cambridge International Handbook of Class Actions
- The Cambridge Handbook of Class Actions
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Acknowledgments
- Part I The United States
- 1 The US Class Action from a Utilitarian Perspective
- 2 Civil Rights, Access to Counsel, and Injunctive Class Actions in the United States
- 3 Class Action Nuisance Suits
- 4 How Many Class Actions Are Meritless?
- 5 The Future of Aggregate Litigation in the United States
- Part II The Americas
- Part III Europe
- Part IV Asia and the South Pacific
- Part V Middle East and Africa
Summary
The class action is a powerful tool for adjudicating large aggregations of claims in a single proceeding. While it has roots in the representative suit of the eighteenth and nineteenth centuries, the class action in the United States first assumed its modern form in 1966, with extensive revisions to Rule 23 of the Federal Rules of Civil Procedure. Ever since then, it has been the subject of intense and highly polarized debate. Today the class action is under siege, as critics launch sharp attacks and supporters respond with pointed counterattacks. This chapter’s goal is to step back from the fray and reflect on the normative underpinnings of the class action in a more balanced way.
- Type
- Chapter
- Information
- The Cambridge Handbook of Class ActionsAn International Survey, pp. 3 - 24Publisher: Cambridge University PressPrint publication year: 2021