The US Supreme Court's decision in Wal-Mart v. Dukes has provoked some interesting debate about whether justice is best served through the protection of individual rights or collective rights. Alexandra Lahav, Richard Primus, and Samuel Issacharoff have offered arguments for what they see as progressive developments in the representation of collective rights. (Walter Olson, at Cato, has a different view.) In our field, the represntation of individuals is pretty well understood, while the representation of a class is far more complicated. If the views of the progressives become ascendant, the legal ethics rules would need significant reformation too.
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June 25, 2011
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- Douglas E. Abrams, " Plagiarism in Lawyers’ Written Advocacy (Part 1)"
- American Bankruptcy Institute issues report on ethics in bankruptcy practice
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- Bad or Stupid? The Lawyers of the Canadian PM
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This is important stuff. You will recall that the lawyers in the Kentucky fen-phen case denied their clients the proceedural rights under both the class action rules (notices, opportunity to be heard and object, etc.) and their rights under Rule 1.8. The ALI seems to think that maybe some individual rights can be dispensed with. I am not so sure. Supporters of the bad guys in the fen-phen case (there are still some!) are actually citing the ALI activity in the defense of these people. I think the folks at the Mass Tort Blog (Law Prof Blogs) have addressed some of this. I would like to know more about it. Anyway, this is a great blog that I check every day. Great way to keep up. Same with the other Law Prof Blogs and ATL.
Posted by: Rick Underwood | June 25, 2011 at 01:32 PM
Also, have you been following the controversy over John Garvey's move to get rid of co-ed dorms at Catholic U.. Some Prof. from GW is threatening to sue. Is there a way to find an ethics issue here so we can beat this to death? I can't get enough of silly stuff. The world is so much fun when it's not Hellish.
Posted by: Rick Underwood | June 25, 2011 at 01:36 PM
Rick,
The field of non-class aggregate litigation is fascinating. I, too, am trying to learn more about it. All of those traditional duties running from lawyer to client would need to be re-thought to some degree.
Posted by: JohnSteele | June 25, 2011 at 04:57 PM