The Psychology of Aggregation: Promise and Potential Pitfalls

Abstract

The contributions of Judge Weinstein defy simple categorization. He has literally shaped the entire face of the law during his years on the bench. Recognizing the futility of trying to encompass this enormous corpus of work, I want to focus on one area in which Judge Weinstein is widely recognized for having had an important and innovative role: aggregate litigation. His handling of the Agent Orange case is probably his best known case in this area, but he also managed a variety of other similar cases. And, I will draw on the area in which I can make the most useful contribution by focusing on the psychology of aggregation.