Zimmerman on Mass Settlements

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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