My St. John’s colleague Adam Zimmerman has published two new articles addressing the growing use of large funds to compensate groups of victims. In Distributing Justice, 86 N.Y.U. L. Rev. 500 (2011) (http://ssrn.com/abstract=1827082) he explores the procedural concerns that arise when regulatory agencies like the SEC, FTC, or FDA, mimic private aggregate settlements by collecting restitution-based settlements on behalf of a large class of victims. Switching to the criminal side, in The Criminal Class Action, 159 U. Penn. L. Rev. 1385 (2011) (http://ssrn.com/abstract=1824408) he explores similar concerns that arise when federal prosecutors seek to distribute funds to large groups of victims, as in a civil class action, while continuing to pursue the traditional criminal justice goals of retribution and deterrence. Both articles are well worth a look.
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