Judge Harold Baer's Quixotic Crusade for Class Counsel Diversity

Authors

Michael H. Hurwitz, U.S. Securities and Exchange Commission

Abstract

The article examines Judge Harold Baer's efforts to promote diversity among class counsel by requiring the inclusion of at least one minority and one female lawyer in class action cases. While Baer's intent to enhance diversity is commendable, the article argues that this requirement is not supported by the legal framework of Rule 23(g) of the Federal Rules of Civil Procedure, which governs the appointment of class counsel. The article contends that Baer's actions exceed his judicial authority and conflate his personal socio-political agenda with the legal requirements for class counsel appointment.

Disciplines

Judges | Law

Recommended Citation

Michael H. Hurwitz, Judge Harold Baer's Quixotic Crusade for Class Counsel Diversity, 17 Cardozo J. Equal Rts. & Soc. Just. 321 (2011).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol17/iss2/4