1. Class Actions and Mass Tort Litigation: Aggregative Justice in a Global Context Professor Linda S. Mullenix University of Trento, Italy Spring 2007 – Introduction to the Course

2. Introduction to the Course Purpose of the Course: introduce concept of American class action introduce concept of mass tort litigation introduce concept of aggregate resolution of mass harms examine civil law approach to collective injury or harm examine comparative civil law theory of collective justice and new developments

3. Topics of Study American class action rule and procedure: History of American rule Application of class action rule Types of class actions American experience with mass tort litigation What is a mass tort? How are mass tort litigations handled? Jurisprudential debate between aggregative and individual justice

4. Topics of Study Comparative Overview of Common Law and Civil Law Systems Central characteristics of civil law systems Comparison to common law systems Implications for theories of aggregative or collective litigation Civil law rejection of American-style class action Recent developments in civil law countries

5. Topics of Study Seven Case Studies of Class Action Resolution of Collective Harms or Injuries Two case studies, human rights violations: Fernando Marcos regime and Philippine litigation Croat/Muslim torture/genocide class action claims

6. Topics of Study Bases for human rights claims: Alien Torts Claim statute Torture Victim Protection Act Treaties and customary law Universal jurisdiction

7. Topics of Study Two Case Studies in International Mass Tort Litigation: Austrian Ski Train Fire (November 2000) Tainted Blood Products Litigation (2005) Case Study of Restitutionary Group Claims Holocaust Victims Assets Litigation

8. Topics of Study Case Study: Slave Labor/Peonage Claims Saipan GAP factory workers’ litigation Other Approaches: Fund Solutions: World Trade Center Victims’ Compensation Fund

9. Questions to Think About Can there be aggregative or collective justice? Or, Can the law only resolve individual harms? What are the problems with individual justice when large numbers of people are harmed or injured? What possible means are there for resolving aggregate harm?

10. Questions to Think About What are the benefits of the American class action rule? What are the problems with the American class action rule? Why have civil law systems rejected the American class action rule? What procedures or legal means do civil law countries have for resolving collective harms?

11. Questions to Think About Should legal systems address and redress human rights violations? Should legal systems address and redress mass tort claims? Should legal systems address and redress restitutionary and other types of claims? How should countries resolve mass disasters?

12. Questions to Think About Should civil law systems re-examine the American class action rule? Should civil law countries adopt a modified version of the American class action rule? What modifications would you suggest for adapting the American class action rule to civil law systems?

13. Course Requirements Course syllabus online at website Check Avisso for link to website Syllabus has links to all readings Attend class (Wednesday, Thursday, Friday) Examination at end of course: Written examination 3 questions 3 hours

14. Questions About Course of Study?