Jeff Lingwall, an assistant professor in the Department of Management, had his paper, “Primary Jurisdiction and the Limits of Measurement in Mass Litigation,” accepted in the Pace Law Review.
The paper examines the use of primary jurisdiction through the lens of institutional economics and the ongoing revolution in pre-suit, plaintiff-side testing in mass litigation. Primary jurisdiction enables defendants in this setting to move quasi-regulatory actions to regulatory settings, serving as a litigation-based balancing mechanism when scientific resolving power and the scope of potentially measurable harm evolve.