The Law and Large Numbers: Preserving Adjudication in Complex Litigation

Alexandra D. Lahav, University of Connecticut School of Law

Abstract

This Article describes how the power to regulate tortfeasors has been transferred from the courts to private parties. It situates court resistance to administrative resolution of mass torts in the historical debate over bureaucracy in government. Instead of privatizing mass tort settlements, courts should take an active role in administering the resolution of mass torts.