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Martin Redish on cy pres awards




From a December Searle Center conference: the Northwestern law professor gives a presentation on his recent paper, "Cy Pres Relief and the Pathologies of the Modern Class Action: A Normative and Empirical Analysis." It turns out that cy pres treatment of class action proceeds (donating surplus funds to what the lawyers or others nominate as worthy causes) is a much newer practice than one might have assumed. It also, Redish argues, undemocratically transforms the nature of the underlying cause of action from one of compensation for injury to one in the nature of a socially imposed but privately prosecuted fine, with ill consequences.

For the impatient, the substance begins at 2:30, and the most concentrated statement of Redish's thesis around 9:00. We've covered the cy pres controversy extensively in the past.

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Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.