Article by Richard A. Nagareda
This Article examines the familiar distinction in administrative law between rule making and adjudication as a template for consideration of recent efforts to resolve future mass tort claims. Both class action settlements and reorganizations in bankruptcy stand as problematic vehicles for this purpose, for both have tended in past years toward the making of rules for future claims without a clear-cut underlying delegation of rule-making authority. More recent developments, however, suggest that the law may be moving toward innovative hybrids that are less rule-like in nature.
About the Author
Richard A. Nagareda. Associate Professor, University of Georgia School of Law. A.B. 1985, Stanford University; J.D. 1988, University of Chicago.
Citation
74 Tul. L. Rev. 1781 (2000)