Document Type

Article

Publication Title

Ohio State Law Journal

Abstract

This Article argues that regardless of how the institutional issue is resolved between class action attorneys, the courts, and other institutions, class representation demands a more careful articulation of how to resolve questions of a just distribution among the members of the class. An understanding of just distribution is needed for all aspects of class representation, but is perhaps most crucial for settlement negotiations. In the settlement context, distributional choices can be very stark. The class lawyer must face squarely the value of different aspects of relief and the extent to which one form of relief may be traded for another. She must also think directly about the degree to which the clients' goals do or do not track the legal framework for judicial resolution of the dispute and the degree to which it is legitimate to depart from that legal framework. She must determine what proposals are off limits because of her obligation to represent adequately both the individual members of the class and the class as a whole.

First Page

1

Volume

54

Publication Date

1993

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