Abstract
A “bottom-up” approach to mass torts has been argued in this book. The meandering path of the law since the Supreme Court's 1997 decision in Amchem Products, Inc. v. Windsor reflects a deep disjunction between the operation of mass tort litigation as a rival regime of law reform and the framework currently used to think about its workings. Overriding fee contracts calls for a break from the institutions currently used to broker peace. Peacemakers in mass tort litigation could approach the law reform power of public legislation only because government itself had ceded that terrain. Mass tort litigation has also emerged as a rival regime for law reform. Peacemaking as a form of governance calls for sound governing arrangements for the making of peace.
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