23 Pages Posted: 6 Dec 2016 Last revised: 7 Feb 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
Suggested Citation: Suggested Citation
Dodson, Scott, A Negative Retrospective of Rule 23 (November 30, 2016). New York University Law Review, Vol. 92, Forthcoming; UC Hastings Research Paper No. 227. Available at SSRN: https://ssrn.com/abstract=2878273