Footnotes (101)



A New Way Forward: A Response to Judge Weinstein

Elizabeth Chamblee Burch

University of Georgia Law School

August 12, 2009

Cardozo De Novo, Vol. 2009, p. 168, 2009
FSU College of Law, Public Law Research Paper No. 392

This short essay responds to Judge Jack Weinstein's essay, Preliminary Reflections on Administration of Complex Litigations, 2009 Cardozo De Novo 1. In so doing, it also provides a condensed version of my earlier article, Litigating Groups, which analyzes group dynamics within nonclass aggregation. By drawing on the literature of moral and political philosophy as well as social psychology, I contend that, in the face of hard cases, of instability and disunity, plaintiffs who have made promises and assurances to one another can invoke social norms of promise-keeping, social agglomeration, compatibility, and the desire for means-end coherence to achieve consensus, mitigate client-client conflicts, and re-tether their attorney to their needs. Thus, using groups to overcome the problems in nonclass aggregation not only makes sense from a group responsibility perspective, it may also harmonize with wealth maximization and individual autonomy goals.

Number of Pages in PDF File: 18

Keywords: aggregation, class actions, multi-district litigation, agency problems, social psychology, philosophy

JEL Classification: K10, K13

Open PDF in Browser Download This Paper

Date posted: August 13, 2009 ; Last revised: September 30, 2015

Suggested Citation

Burch, Elizabeth Chamblee, A New Way Forward: A Response to Judge Weinstein (August 12, 2009). Cardozo De Novo, Vol. 2009, p. 168, 2009; FSU College of Law, Public Law Research Paper No. 392. Available at SSRN: http://ssrn.com/abstract=1448206

Contact Information

Elizabeth Chamblee Burch (Contact Author)
University of Georgia Law School ( email )
225 Herty Drive
Athens, GA 30602
United States
HOME PAGE: http://https://www.law.uga.edu/profile/elizabeth-chamblee-burch

Feedback to SSRN

Paper statistics
Abstract Views: 727
Downloads: 38
Footnotes:  101

© 2016 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollobot1 in 0.203 seconds