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http://ssrn.com/abstract=1562677
 
 

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Rough Justice


Alexandra D. Lahav


University of Connecticut - School of Law

March 2, 2010


Abstract:     
This Essay offers a new justification for rough justice. Rough justice, as I use the term here, is the attempt to resolve large numbers of cases by using statistical methods to give plaintiffs a justifiable amount of recovery. It replaces the trial, which most consider the ideal process for assigning value to cases. Ordinarily rough justice is justified on utilitarian grounds. But rough justice is not only efficient, it is also fair. In fact, even though individual litigation is often held out as the sine qua non of process, rough justice does a better job at obtaining fair results for plaintiffs than individualized justice under our current system. While rough justice also has its limitations, especially to the extent it curbs litigant autonomy, in the end it is the most fair alternative currently available for resolving mass tort litigation.

Number of Pages in PDF File: 55

Keywords: Jury, Verdict, Tort, Settlement, Mass Tort, Vioxx, September 11, Civil Procedure, Complex Litigation, Procedural Justice

JEL Classification: K13, K41

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Date posted: March 4, 2010 ; Last revised: September 23, 2010

Suggested Citation

Lahav, Alexandra D., Rough Justice (March 2, 2010). Available at SSRN: http://ssrn.com/abstract=1562677 or http://dx.doi.org/10.2139/ssrn.1562677

Contact Information

Alexandra D. Lahav (Contact Author)
University of Connecticut - School of Law ( email )
65 Elizabeth Street
Hartford, CT 06105
United States
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