Class actions raise a fundamental question about our judicial system. Is the purpose first and foremost to achieve a societally-desired level of law enforcement and deterrence, or is the primary goal to foster citizen participation in the resolution of private disputes? This Article provides the first extended analysis of this question in light of five recent Supreme Court decisions regarding class actions, the evolution of legislative initiatives in the area, and the docket activity in sixteen of the largest recent federal securities class actions. A single conclusion follows: we are witnessing the emergence of a new national “brand” of class action litigation grounded in the protection and growth of individual participatory rights.
John C. Massaro,
The Emerging Federal Class Actions Brand ,
59 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol59/iss4/8