Document Type

Article

Publication Title

Fordham Law Review

Abstract

The article focuses on the claim of author Owen M. Fiss against the public value of civil settlement. It stresses the concern of Fiss on settlement in class actions and other aggregate cases. For Fiss, settlements are problematic due to some reasons including the plaintiffs' relative lack of power, the incapability of settlement to ensure ongoing court involvement, and the failure of settlement to achieve justice. Also emphasized is the tradeoff between the quotidian concern of dispute resolution for the minor annoyances of every life and the public values of the important cases.

First Page

1177

Volume

78

Publication Date

2009

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