Current Issue
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…
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Class Action Reform: Lessons From Securities Litigation
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…
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Comment: The Impact to Date of the Lead Plaintiff Provisions of the Private Securities Litigation Reform Act
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…
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Civil Rights Class Actions: Procedural Means of Obtaining Substance
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…
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Statutory Fee Shifting in Civil Rights Class Actions: Incentive or Liability?
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…
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The Defensive Use of Federal Class Actions in Mass Torts
The defensive use of federal class actions in mass torts is currently having its fifteen minutes of fame. Defendants have historically used federal class actions to resolve their litigation problems…
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The Constitutionality of the Proposed Rule 23 Class Action Amendments
The proposed amendments to Federal Rule 23 currently are working their way through the rulemaking process, with the public notice and comment period ending February 15, 1997. The proposed amendments…
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The New Securities Class Action: Federal Obstacles, State Detours
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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