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Foreword: Love It Or Leave It; An Examination Of The Need For And Structure Of A Class Action Rule In Mississippi, Deborah Challener Jan 2005

Foreword: Love It Or Leave It; An Examination Of The Need For And Structure Of A Class Action Rule In Mississippi, Deborah Challener

Journal Articles

Given Mississippi's unique status as the only state without a class action rule, the recent developments in Mississippi joinder law, and the suggestions in Armond and Bailey that Mississippi should adopt a class action rule, scholars and practitioners from around the country gathered in Jackson, Mississippi on February 18, 2005, to debate two issues. First, should Mississippi now adopt a class action rule? Second, how should such a rule be structured? The articles in this Symposium represent the final written product of this debate. This Foreword organizes the articles by issue, provides an overview of each article, and identifies key …


Class Actions And Limited Vision: Opportunities For Improvement Through A More Functional Approach To Class Treatment Of Disputes, Jeffrey W. Stempel Jan 2005

Class Actions And Limited Vision: Opportunities For Improvement Through A More Functional Approach To Class Treatment Of Disputes, Jeffrey W. Stempel

Scholarly Works

This Article describes the evolution of the perception of the modern class action from populist darling to greedy lawyer pariah, including recent passage of CAFA. It then examines the degree to which different types of cases present different potential benefits and detriments of class action treatment and explains why investor class actions, including those brought by institutional investors, are particularly likely to benefit from class treatment, are resistant to many of the perceived problems of class actions in other contexts, and should receive a warmer welcome from courts, both in absolute terms and relative to other types of class actions. …