Aggregation and Constitutional Rights

@inproceedings{Garrett2012AggregationAC,
  title={Aggregation and Constitutional Rights},
  author={Brandon L. Garrett},
  year={2012}
}
Constitutional rights can impact large groups, yet most plaintiffs in civil rights cases bring individual claims. Critics of the Supreme Court’s decisions regarding class actions, such as the decision last Term in Dukes v. Wal-Mart, have argued that the Court is generally limiting the ability of plaintiffs to bring class actions through procedural limitations, such as the Wal-Mart Court’s heightening of the commonality requirement. I trace the problem deeper into the substance of constitutional… CONTINUE READING