Underinclusive Class Actions

In recent years, there has been much case law and scholarly writing on the problems associated with broadly defined classes in the class action context. Here, however, Professor Morawetz discusses the complex issues resulting from class definitions that are drawn too narrowly, rather than too broadly. Throughout the article, Professor Morawetz focuses on the plight of those individuals who are excluded from class definitions and the institutional structures that may discourage broad class definitions under particular circumstances. Professor Morawetz concludes by offering proposals that will limit the number of classes that are drawn too narrowly by imposing greater responsibility on attorneys and the courts for reviewing class definitions for narrowness.