Introduction: Dukes v. Wal-Mart Stores, Inc.

Vanderbilt Law Review En Banc, Vol. 63, p. 91, October 2010

FSU College of Law, Public Law Research Paper No. 466

14 Pages Posted: 27 Sep 2010 Last revised: 30 Sep 2015

Elizabeth Chamblee Burch

University of Georgia Law School

Abstract

This short introduction to Dukes v. Wal-Mart Stores, Inc. aims to explain the case and to set the table for what promises to be thought-provoking roundtable discussion hosted by Vanderbilt Law Review En Banc. Accordingly, what follows is a concise overview of the legal background and current debate over the two procedural issues that the Ninth Circuit explored in detail – how to evaluate Rule 23(a)(2)’s commonality when common questions heavily implicate the case’s merits, and when a Rule 23(b)(2) class can include relief apart from injunctive or declaratory relief without endangering due process.

Keywords: Dukes v. Wal-Mart Stores, Inc., class actions, due process, Title VII, employment discrimination, hybrid class action, Phillips Petroleum v. Shutts

JEL Classification: K41

Suggested Citation

Burch, Elizabeth Chamblee, Introduction: Dukes v. Wal-Mart Stores, Inc.. Vanderbilt Law Review En Banc, Vol. 63, p. 91, October 2010; FSU College of Law, Public Law Research Paper No. 466. Available at SSRN: https://ssrn.com/abstract=1683643

Elizabeth Chamblee Burch (Contact Author)

University of Georgia Law School ( email )

225 Herty Drive
Athens, GA 30602
United States

HOME PAGE: http://https://www.law.uga.edu/profile/elizabeth-chamblee-burch

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