Current Issue
The year 1995 will long be remembered as the year in which Congress first tackled the thorny issue of tort reform. Rarely has such an issue so inflamed passions and…
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The Past and Future of Defendant and Settlement Classes in Collective Litigation
For most purposes one needs to know only three things about the history of class litigation. First, for a procedural device constantly accused of being a dangerous innovation, group litigation…
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Federal Rule 23–The Early Years
As Professor Yeazell has shown, present Federal Rule 23 has a surprisingly long lineage, but it remains a work in progress. One of its "roots," the aptly named "Bill of…
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A Distant Mirror: The Bill of Peace in Early American Mass Torts and Its Implications for Modern Class Actions
Professor Yeazell's Article in this symposium' treats several historical aspects of class-action practice that are relevant to modem settlement-class issues. His title refers to "defendant classes," which can include numerous…
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Remarks to the Institute for Law and Economic Policy
The test for allowing a class action under former Equity Rule 38 was modestly stated to be satisfied when the question before the court was "one of common or general…
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