Andrew Faisman, ‘The Goals of Class Actions’

This Note examines two dominant ways of understanding the goals of class actions: one side thinks of class actions as a tool for efficiency, while the other side thinks of them as a tool for representation. These two views not only represent a doctrinal disagreement, but are also motivating a political and legislative battle between Republicans and Democrats over how to reform class actions and arbitration agreements. This Note proposes a way to conceptually reconcile the two views, thereby providing a more complete framework for courts to understand the goals of class actions. This Note also argue that it is possible to craft legislation that is reasonably compatible with both views.

Faisman, Andrew, The Goals of Class Actions (July 20, 2021). Columbia Law Review, forthcoming.

First posted 2021-07-23 17:00:57

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