The (Cloudy) Future of Class Actions

Posted: 19 Apr 1999

See all articles by Edward H. Cooper

Edward H. Cooper

University of Michigan Law School


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.

Suggested Citation

Cooper, Edward H., The (Cloudy) Future of Class Actions. Available at SSRN:

Edward H. Cooper (Contact Author)

University of Michigan Law School ( email )

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United States
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