Collective Adjudication and Administrative Justice

Oxford Handbook of Administrative Justice, Forthcoming

Loyola Law School, Los Angeles Legal Studies Research Paper 2020-04

Posted: 25 Nov 2019 Last revised: 4 Aug 2020

See all articles by Adam S. Zimmerman

Adam S. Zimmerman

Loyola Law School Los Angeles

Michael Sant'Ambrogio

Michigan State University - College of Law

Date Written: November 18, 2019

Abstract

This is a book chapter for the forthcoming Oxford Handbook of Administrative Justice. It considers how administrative agencies in different countries use aggregate procedures to hear common claims brought by large groups of people. In many countries, administrative agencies promise each individual a “day in court” to appear before a neutral decision-maker and receive a reasoned decision based on the factual record they develop. A handful of administrative hearing programs in the United States and other countries, however, have quietly bucked this trend—using class actions, statistical sampling, agency restitution, public inquiries, “test case” proceedings, and other forms of mass adjudication to resolve disputes involving large groups of people.

This chapter will examine how administrative agencies can more effectively resolve common disputes with aggregate procedures. Aggregate procedures offer administrative agencies several benefits, including:

(1) efficiently creating ways to pool information about recurring problems and enjoin systemic harms;

(2) achieving greater equality in outcomes than individual adjudication; and

(3) securing legal and expert assistance at critical stages in the process.

By charting how administrative systems in different countries aggregate cases, we hope to show that collective hearing procedures can form an integral part of public regulation, enforcement, and the adjudicatory process itself.

Suggested Citation

Zimmerman, Adam S. and Sant'Ambrogio, Michael, Collective Adjudication and Administrative Justice (November 18, 2019). Oxford Handbook of Administrative Justice, Forthcoming, Loyola Law School, Los Angeles Legal Studies Research Paper 2020-04, Available at SSRN: https://ssrn.com/abstract=3489399 or http://dx.doi.org/10.2139/ssrn.3489399

Adam S. Zimmerman (Contact Author)

Loyola Law School Los Angeles ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States

HOME PAGE: http://www.lls.edu/aboutus/facultyadministration/faculty/facultylists-z/zimmermanadam/

Michael Sant'Ambrogio

Michigan State University - College of Law ( email )

648 N. Shaw Lane
Room 367
East Lansing, MI 48824-1300
United States

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