"[A]ccess to justice in a mass society is the central civil-justice issue of our day. Individual litigation of mass-injury claims is a luxury that neither litigants nor the court system can typically afford. Class actions are shriveling as a realistic alternative in many instances. Non-class aggregate litigation is infected with its own problems, as the ALI’s recent Principles of the Law of Aggregation shows. And contracts of adhesion increasingly shunt victims into individual arbitration processes that provide little realistic opportunity for relief—and no opportunity for judicial resolution." Notre Dame Law School Professor Jay Tidmarsh, blogging about recent legal scholarship on "the parens patriae action, which has emerged as the newest academic darling with the potential to provide victims of mass injury a measure of justice." Tidmarsh also discusses its potential drawbacks.
Jotwell: Courts Law, May 1, 2013.