Publication Date

2-2020

Journal

Texas Law Review

Abstract

The present Administration has made clear it has no interest in enforcing statutes designed to protect workers, consumers, voters, and others. And, as we have chronicled in prior work, the ability of private litigants to enforce these laws has been undercut by developments in the case law concerning class actions—particularly class-banning arbitration clauses. As these critical enforcement methods recede, will alternative methods of prosecuting claims arise? How might they work? Are they politically and fiscally sustainable? We focus here on a promising approach just now coming into view: qui tam legislation authorizing private citizens to bring representative claims on behalf of consumers, workers, and others. Progressive advocates have recently begun working with legislators in a handful of states to provide a qui tam mechanism for enforcing state statutory rights. The form these new laws might take remains uncertain, and their enforceability is sure to be hotly contested by corporate interests and others. This article examines the legal and policy challenges that will face “new qui tam” legislation and considers arguments for and against enlarging the role of citizens in prosecuting claims—an inquiry that requires us to determine the legitimacy and limits of the private-attorney-general model in its starkest form.

Volume

98

First Page

489

Publisher

The Texas Law Review Association

Keywords

Class Actions, Labor, Consumer Rights, Arbitration, Private Attorney General

Disciplines

Dispute Resolution and Arbitration | Law | Legislation | Taxation-State and Local

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