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The Democratization of Mass Actions in the Internet Age

By: Weinstein, Jack B. | Columbia Journal of Law and Social Problems, Summer 2012 | Article details

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The Democratization of Mass Actions in the Internet Age


Weinstein, Jack B., Columbia Journal of Law and Social Problems


I. INTRODUCTION

The need for aggregate litigation is increasing as our society becomes more interconnected. Even as courts and legislatures contract the availability of efficacious class actions,1 demand for mass actions is rising. New procedures are developing to fill the gap.2 These changes will present new practical and logistical challenges.

For over sixty years, I have been intrigued by the issue of how much claimants in mass litigations should participate in their cases. A number of current conditions are putting pressure on our traditional notions of who controls litigation and how they do it. These conditions suggest revisiting the relationship of courts, …

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