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A Market Approach to Tort Reform via Rule 23
Macey, Jonathan Miller, Geoffrey
Macey, Jonathan
Miller, Geoffrey
Abstract
In a stimulating paper prepared for this symposium, Professor Richard L. Marcus addresses the proposal to substitute an administrative scheme for all future mass tort claims (and some present ones). Professor Marcus cogently observes that many of the pressure points in mass tort litigation can properly be labeled "substantive"-including all the baggage that such a label carries with it. When dealing with mass tort class actions, federal courts face enormous problems of case management. Creative attempts to deal with such problems, however, often involve the courts altering or amending private rights under state law.