Print Issues

Volume 70, Issue 1


Article

Not Merely There to Help the Men

Equal Pay Laws, Collective Rights, and the Making of the Modern Class Action
by  David Freeman Engstrom

Why, in a nation thought pervasively committed to “adversarial legalism,” did mass litigation and, in particular, the class action lawsuit not emerge as significant regulatory tools until at least the 1970s? Standard answers point to New Deal faith in bureaucracy or to an Advisory Committee that was not moved to amend Rule 23 of the…