Wednesday, May 21, 2008
Since law professors love lists and hierarchies, I thought it might be fun to consider the best articles on the subject of this blog: mass tort litigation. I have excluded from the list below (1) any participants in this blog and (2) empirical studies. Of course, books are excluded as well. A list of the best empirical studies on complex litigation is a project for another day. I suggest 7 below, thanks to at least one wise suggestion, and look forward to more nominations. Those of you starting out in the field, these might be a good place to begin your research.
So, without further ado, my suggestion for the best law review articles on mass torts, in chronological order.
David Rosenberg, The Causal Connection in Mass Exposure Cases: A "Public Law" Vision of the Tort System, 97 Harv. L. Rev. 851 (1984).
Francis McGovern, Resolving Mature Mass Tort Litigation, 69 B.U. L. Rev. 659 (1989)
Robert G. Bone, Statistical Adjudication: Rights, Justice and Utility in a World of Process Scarcity, 46 Vand. L. Rev. 561 (1993)
Jack B. Weinstein, Ethical Dilemmas in Mass Tort Litigation, 88 Nw. U. L. Rev. 469 (1994)
Richard A. Nagareda, Turning From Tort to Administration, 94 Mich. L. Rev. 899 (1996)
William B. Rubenstein, A Transactional Model of
Adjudication, 89 Geo. L.J. 371 (2001)
Samuel Issacharoff & John Fabian Witt, The Inevitability of Aggregate Settlement: An Institutional Account of Tort Law, 57 Vand. L. Rev. 1571 (2004)