Current Issue

Introduction

39 Ariz. L. Rev. 407 (1997)

Joel Seligman & Lindsey Hunter Introduction View PDF

Today the class action stands at a crossroads that has eventuated from numerous causes, including the skill of both plaintiffs' and defendants' attorneys in expanding the scope of the class…

An Enforcement Official’s Reflections on Antitrust Class Actions

39 Ariz. L. Rev. 413 (1997)

Stephen Calkins Article View PDF

The Federal Trade Commission (FTC) is charged with preventing unfair and deceptive acts and practices. Its two largest bureaus, of competition and consumer protection, enforce antitrust and consumer protection laws.…

Class Actions at the Cloverleaf

39 Ariz. L. Rev. 453 (1997)

John Leubsdorf Article View PDF

The papers on which I am to comment demonstrate that the conveners of this conference fell short of the full truth when they called it "Class Actions at the Crossroads."…

The Constitutional Limits of Judicial Rulemaking: The Illegitimacy of Mass-Tort Settlements Negotiated Under Federal Rule 23

39 Ariz. L. Rev. 461 (1997)

Paul D. Carrington & Derek P. Apanovitch Article View PDF

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…

Making Securities Fraud Class Actions Virtuous

39 Ariz. L. Rev. 497 (1997)

James D. Cox Article View PDF

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…

Class Action Reform: Lessons From Securities Litigation

39 Ariz. L. Rev. 533 (1997)

Jill E. Fisch Article View PDF

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…