The Yale Law Journal Online: Implementing Aggregation in Law
The Yale Law Journal Online has just published Implementing Aggregation in Law: The Median Outcome Rule, an essay by Alon Cohen. Cohen argues that
[i]n multiple-claim lawsuits, courts tend to address each claim separately, thereby disregarding valuable information about the defendant’s misconduct that might be gained by considering claims together. Ignoring that information may lead to the misalignment of liability with wrongdoing. To avoid such distortion, Ariel Porat and Eric Posner have argued in The Yale Law Journal that courts should adjudicate multiple-claim lawsuits in the aggregate. They do not specify the method to implement this novel idea, however, leaving it susceptible to several complications that might undermine its merits. To deal with these potential complications, this Essay introduces the concept of the “median outcome rule.”
Alon Cohen, Implementing Aggregation in Law: The Median Outcome Rule, 122 YALE L.J. ONLINE 359 (2013), http://yalelawjournal.org/2013/04/09/cohen.html.