Class Action and New Forms of Aggregate Litigation in the United States

Bocconi Conference Reports May 10, 2024

Arthur R. Miller, Helen Hershkoff

• Publisher: EGEA Spa - Bocconi University Press
• Year: 2025
• Topic: Law
• eBook ISBN:
  9791281627628
• Subtopic: Consumer Law
• Index: Law

If there is one issue that underscores the close relationship between civil justice, its methods of delivery, and the fundamental rights enshrined in constitutions around the world, it is undoubtedly access to justice. This book highlights the relevance and timeliness of the issue, as well as the values underlying class actions. Class actions, both as a tool and as a phenomenon of access to civil justice, represent the perfect intersection of private interests (protected rights) and public interests (methods of enforcing violated rights) within the framework of upholding constitutional principles of due process. There is no better place to learn about the origins and evolution of class actions than from the founders and champions of civil liberties within the Anglo-American legal tradition. Over the past several decades, class actions have proven to be a powerful tool for giving voice to the voiceless in civil rights. Today, they are poised to provide a legal response to the major challenges of our time related to the environment, the digital revolution, and inequality, demonstrating their historical, urgent, and contemporary relevance.

Table of contents

• Cover
• Description
• Biography
• Title
• Copyright
• Table of Contents
• Foreword, by Marta Cartabia and Cesare Cavallini
• 1 The Class Action and Other Forms of Aggregate Litigation in the United States, by Arthur R. Miller
• 2 Class Actions and New Forms of Aggregate Litigation in the United States: A Response to Professor Arthur R. Miller, by Helen Hershkoff