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Comment: Statutory Fee Shifting in Civil Rights Class Actions: Incentive or Liability

Abstract

This Comment discusses Congress' recent restrictions on the ability of federally funded legal organizations to bring class actions to adjudicate civil rights grievances. It concludes that as a result of these restrictions, there is a great need for the private class actions plaintiffs' bar to bring class actions to redress civil rights violations. Upon examination of civil rights fee shifting statutes, this author concludes that courts must provide for attorneys' fees comparable to those earned in antitrust, securities and other class actions where fees are awarded based on the recovery of a common fund for the class.

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39 Ariz. L. Rev. 587 (1997)

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Authors

Stanley M. Grossman (Pomerantz, Haudek, Block & Grossman)

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