Abstract

http://ssrn.com/abstract=814265
 


 



Dismissing the Class: A Practical Approach to the Class Action Restriction on the Legal Services Corporation


Joshua D. Blank


New York University School of Law

Eric A. Zacks


Wayne State University Law School


Penn State Law Review, Vol. 110, 2005

Abstract:     
The class action lawsuit has emerged as an effective legal device for addressing common harms. Claimants who might not litigate their claims individually are empowered by the opportunity to speak with one voice. The class action device, however, has been made largely unavailable to legal services lawyers representing the poor. Congressional restrictions enacted in 1996 prohibit legal services organizations that receive federal funding from the Legal Services Corporation from using that funding to initiate or participate in any class action lawsuit. This article examines the social, legal and professional impact of the class action restriction on the Legal Services Corporation and on the recipients of its funding. This article concludes that the class action restriction has adversely affected the poor and, consequently, should be reconsidered. In the event that the class action restriction is not revised or repealed, this article suggests practical alternative strategies for delivering effective group representation to the poor.

Number of Pages in PDF File: 40

Keywords: LSC, Legal Services, Class Action, Legal Aid

JEL Classification: A1, H00

Accepted Paper Series


Download This Paper

Date posted: September 27, 2005 ; Last revised: January 30, 2009

Suggested Citation

Blank, Joshua D. and Zacks, Eric A., Dismissing the Class: A Practical Approach to the Class Action Restriction on the Legal Services Corporation. Penn State Law Review, Vol. 110, 2005. Available at SSRN: http://ssrn.com/abstract=814265

Contact Information

Joshua D. Blank (Contact Author)
New York University School of Law ( email )
40 Washington Square South, Room 430AA
New York, NY 10012
United States
(212) 998-6479 (Phone)
HOME PAGE: http://its.law.nyu.edu/facultyprofiles/profile.cfm?personID=23511
Eric A. Zacks
Wayne State University Law School ( email )
471 West Palmer
Office 3261
Detroit, MI 48202
United States
HOME PAGE: http://www.law.wayne.edu/faculty/bio.php?id=74920
Feedback to SSRN


Paper statistics
Abstract Views: 1,305
Downloads: 352
Download Rank: 46,536

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.344 seconds