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65 Duke L.J. 843 (2015-2016)
Class Action Myopia

handle is hein.journals/duklr65 and id is 863 raw text is: Duke LawJournal VOLUME 65 FEBRUARY 2016 NUMBER 5 CLASS ACTION MYOPIA MAUREEN CARROLLt ABSTRACT Over the past two decades, courts and commentators have often treated the class action as though it were a monolith, limiting their analysis to the particular class form that joins together a large number of claims for monetary relief. This Article argues that the myopic focus on the aggregated-damages class action has led to under- theorization of the other class-action subtypes, which serve far different purposes and have far different effects, and has allowed the ongoing backlash against the aggregated-damages class action to affect the other subtypes in an undifferentiated manner. The failure to confine this backlash to its intended target has had a negative impact on the availability of the other class forms, harming the interests of both litigants and the judiciary. In particular, in civil-rights cases involving injunctive or declaratory relief, obstacles to class treatment pose a threat to remedial efficacy and the rule of law. Courts, lawmakers, and scholars should therefore engage in a broader analysis that takes into account all of the subtypes set forth in the modern class-action rule. Copyright Q 2016 Maureen Carroll. t Bernard A. and Lenore S. Greenberg Law Review Fellow, UCLA School of Law. I owe many thanks to Steve Yeazell, Jordan Woods, Eugene Volokh, Jay Tidmarsh, Joanna Schwartz, Bill Rubenstein, Tom Rowe, Richard Re, Eve Brensike Primus, Hiroshi Motomura, Eric Miller, Suzette Malveaux, Kevin Johnson, Cheryl Harris, Beth Colgan, Emily Carroll, Devon Carbado, and Sam Bray for their helpful comments on earlier drafts. I would also like to thank the participants and organizers of the Lavender Law Junior Scholars Panel; the UCLA Law Fellows Workshop; the UCLA Law Faculty Colloquium; the AALS Section on Civil Procedure's panel on The Rising Bar to Federal Courts: Beyond Pleading and Discovery, at the 2015 AALS Annual Meeting; and the 2015 Civil Procedure Workshop at Seattle University School of Law.

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