Beyond the Courtroom: Access to Justice, Privatization, and the Future of Class Action Research

• Author: Michael Molavi
• Pages: 7-31

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BEYOND THE COURTROOM:

ACCESS TO JUSTICE,

PRIVATIZATION, AND THE

FUTUR E OF CLASS ACTION

RESEARCH

Michael Molavi

Abstract: This article cr itically assesse s the role of class actions

in enhancing acce ss to justice from a socio-political p erspective.

Considering the broad social, cultural, and political implica-

tions of access to justice as both a theoretical principle and a

policy objective, this ar ticle proposes that evaluations of cla ss

actions in light of access to ju stice must situate the procedure

within its proper socio-political context. To this end, a cr itical

framework is developed that focuses on the relationship of

access to justice to developments in public polic y and budget-

ing, including eff‌iciency-based privatization, with a view to

how these political dimensions affect poor and hi storically

marginalized groups.

The article proceeds in f‌ive inter related stages. First, an

overview of access to ju stice scholarship is presented through

the lens of class act ions. Second, a critical an alysis of the

role of class actions in enhancing access to justice is offered.

Third, privatization and the f‌igure of the private attorney gen-

eral is discussed. Fourth, effort s at institutionali zing funding

for class actions are addressed. Fifth, a preli minary re search

agenda is developed with an emph asis on socio-political vari-

ables such as public budgeting constraints, the inf‌luence of

ideology, and the role of legal consciousness. Highlighting the

social, cultural, and political dimen sions of class actions in

facilitating acce ss to justice, the article concludes by proposing

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that an expa nsive understanding of access to just ice demands

an expansive approach to it s study.

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