Current Issue

Rule 23: Class Actions at the Crossroads

39 Ariz. L. Rev. 406 (1997)

Arizona Law Review Symposium View PDF

Earlier versions of the following Articles and Comments were presented at a conference sponsored by The University of Arizona College of Law, the Law College Association and the Institute for…

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…