Commentators have largely ignored how the convergence of these legal regimes
may inform or alter the responsibilities of public actors to provide
compensatory justice to private parties. Who acts as a check against
indifference or conflicts of interest? How do we assure transparency
when disseminating information about such settlements? Who decides an appropriate way to allocate and distribute settlement
proceeds? Only by examining such questions can we shed light on the
state’s ability to provide procedural, distributive, and corrective justice
to victims of collective harm.