A Negative Retrospective of Rule 23
20 Pages Posted: 6 Dec 2016 Last revised: 24 Oct 2017
Date Written: November 30, 2016
This symposium contribution offers a negative retrospective of Rule 23 through six decades of rulemaking. Rather than focus on what was, I consider what was not: major amendment proposals that failed to become law. This negative retrospective projects a dramatically different vision of Rule 23, and it offers insights into both the Rule 23 of today and the rulemaking process more generally.
Keywords: Class Action, Rule 23, Rulemaking, Advisory Committee, Amchem, Dukes, 1966 Amendments
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