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It is time to recall that the judicial power of the United States has limits. The federal judiciary cannot by rule of court confer on itself the power to sanction…

Few things are as American as the class action. Housed in this single procedural device is the mechanism that accords equal footing to the common man in his dispute with…

One of the most damaging accusations made against class action litigation, particularly securities litigation, is the claim that it is "lawyer-driven litigation." In the parlance of, among others, the proponents…

Professor Fisch begins her very interesting paper by suggesting that Congress' goal in passing the lead plaintiff provisions of the Private Securities Litigation Reform Act (the "Reform Act")' was "to…

I cannot resist the temptation to start this Article with a personal note. The first legal matter I worked on was as a law student writing a memorandum supporting over…

Professor Greenberg has spoken of the backlash from the courts and Congress imposing restrictions on the ability to successfully litigate certain types of class actions to enforce civil rights. Congress…