Small-claims class actions pose a unique dilemma: individual awards are small, and it is often not feasible to distribute them to each and every plaintiff. Courts have devised several alternative allocation procedures to cope with this problem, but none is satisfactory. This Article proposes a...

Asymmetric information is widely considered to be a major obstacle to settlements. We argue that litigants facing asymmetric information can use a simple add-on to the settlement offer in order to overcome the information barriers to settlements. In particular, the informed party can promise to...

This Article proposes a thought-experiment with regard to the administration of class actions. It is almost axiomatic that class actions are determined through a single “certification.” However, class actions can be certified through a tiered certification, e.g., a preliminary certification...

The Article addresses simple yet surprisingly overlooked questions — could numerical caps on legal rights be a valuable regulatory mechanism? In which circumstances should we employ them? It is the first to discuss numerical caps — quotas — as a distinct regulatory instrument, and the...