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Mass Torts: An Institutional Evolutionist Perspective, 80 Cornell Law Review 941 (1995)


With the benefit of twenty-five years' experience of mass tort litigation,
it is time to assess what we have learned. Torts scholars have
already arrived at a consensus as telling as it is rare: Although courts
have demonstrated considerable resourcefulness in struggling with
mass torts issues, the overall performance of the litigation system in
this area has been remarkably poor. Some proceduralists have voiced
similar criticisms; generally speaking, however, procedure scholars
seem to be more confident than torts scholars that reform can be acomplished within the basic tort paradigm. In law as in life, familiarity
seems to breed contempt.

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