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

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

Scott Dodson (Contact Author)

UC Law, San Francisco ( email )

200 McAllister Street
San Francisco, CA 94102
United States
415-581-8959 (Phone)

HOME PAGE: http://www.uchastings.edu/faculty/dodson/index.php

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