A Negative Retrospective of Rule 23
20 Pages Posted: 6 Dec 2016 Last revised: 24 Oct 2017
Date Written: November 30, 2016
Abstract
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). 92 New York University Law Review 917 (2017), UC Hastings Research Paper No. 227, Available at SSRN: https://ssrn.com/abstract=2878273
Do you have negative results from your research you’d like to share?
Feedback
Feedback to SSRN
If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.