No abstract

To a hammer, everything looks like a nail. And to a Court bent on diminishing the usefulness of Rule 23, everything looks like a class action, ready to be dismantled." 1 INTRODUCTION Research in multiple disciplines has established that the role of litigation and courts in the creation and implementation of public policy in the United States has grown dramatically. 2 Central to this revolution were (1) an outpouring of rights-creating federal statutes, many of which contained attorney's fees or damages provisions that were designed to stimulate private enforcement, 3 and (2) the modern class action, born around the time when Congress began ramping up statutory private enforcement regimes. Although the consequences and normative implications of this revolution have been the focus of intense debate, 4 scholars have neglected systematic examination of the counterrevolution against private enforcement that ensued. Our recent work seeks to fill this gap in the literature by assessing the counterrevolution from an institutional perspective. In a series of articles 5 and a book, 6 we document how the Executive Branch, Congress and the Supreme Court-wielding both judicial power under Article III of the Constitution and delegated

No abstract

No abstract