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Class Actions and Mass Tort Litigation: Aggregative Justice in a Global Context

Class Actions and Mass Tort Litigation: Aggregative Justice in a Global Context. Professor Linda S. Mullenix University of Trento, Italy Spring 2007 – Introduction to the Course. Introduction to the Course. Purpose of the Course : introduce concept of American class action

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Class Actions and Mass Tort Litigation: Aggregative Justice in a Global Context

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  1. Class Actions and Mass Tort Litigation:Aggregative Justice in a Global Context Professor Linda S. Mullenix University of Trento, Italy Spring 2007 – Introduction to the Course

  2. Introduction to the Course • Purpose of the Course: • introduce concept of American class action • introduce concept of mass tort litigation • introduce concept of aggregate resolution of mass harms • examine civil law approach to collective injury or harm • examine comparative civil law theory of collective justice and new developments

  3. Topics of Study • American class action rule and procedure: • History of American rule • Application of class action rule • Types of class actions • American experience with mass tort litigation • What is a mass tort? • How are mass tort litigations handled? • Jurisprudential debate between aggregative and individual justice

  4. Topics of Study • Comparative Overview of Common Law and Civil Law Systems • Central characteristics of civil law systems • Comparison to common law systems • Implications for theories of aggregative or collective litigation • Civil law rejection of American-style class action • Recent developments in civil law countries

  5. Topics of Study • Seven Case Studies of Class Action Resolution of Collective Harms or Injuries • Two case studies, human rights violations: • Fernando Marcos regime and Philippine litigation • Croat/Muslim torture/genocide class action claims

  6. Topics of Study • Bases for human rights claims: • Alien Torts Claim statute • Torture Victim Protection Act • Treaties and customary law • Universal jurisdiction

  7. Topics of Study • Two Case Studies in International Mass Tort Litigation: • Austrian Ski Train Fire (November 2000) • Tainted Blood Products Litigation (2005) • Case Study of Restitutionary Group Claims • Holocaust Victims Assets Litigation

  8. Topics of Study • Case Study: Slave Labor/Peonage Claims • Saipan GAP factory workers’ litigation • Other Approaches: Fund Solutions: • World Trade Center Victims’ Compensation Fund

  9. Questions toThink About • Can there be aggregative or collective justice? Or, • Can the law only resolve individual harms? • What are the problems with individual justice when large numbers of people are harmed or injured? • What possible means are there for resolving aggregate harm?

  10. Questions toThink About • What are the benefits of the American class action rule? • What are the problems with the American class action rule? • Why have civil law systems rejected the American class action rule? • What procedures or legal means do civil law countries have for resolving collective harms?

  11. Questions toThink About • Should legal systems address and redress human rights violations? • Should legal systems address and redress mass tort claims? • Should legal systems address and redress restitutionary and other types of claims? • How should countries resolve mass disasters?

  12. Questions toThink About • Should civil law systems re-examine the American class action rule? • Should civil law countries adopt a modified version of the American class action rule? • What modifications would you suggest for adapting the American class action rule to civil law systems?

  13. Course Requirements • Course syllabus online at website • Check Avisso for link to website • Syllabus has links to all readings • Attend class (Wednesday, Thursday, Friday) • Examination at end of course: • Written examination • 3 questions • 3 hours

  14. Questions About Course of Study?

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