The (Cloudy) Future of Class Actions
Posted: 19 Apr 1999
This article explores the tensions revealed by contemporary debates over the class-action practice that has emerged from Rule 23 of the Federal Rules of Civil Procedure as it was amended in 1966. The basic theory of class representation is explored and found inadequate. Reactions to proposed amendments published for comment in 1996 underscore the practical ways in which the lack of clear theory exacerbates evaluation of present practice and attempts to improve it.
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