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Selected Works

Scott Dodson

2017

Class actions

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A Negative Retrospective Of Rule 23, Scott Dodson Dec 2016

A Negative Retrospective Of Rule 23, Scott Dodson

Scott Dodson

This symposium contribution offers a negative retrospective of Rule 23 through six decades of rulemaking. Rather than focus on what was, I consider what was not: major amendment proposals that failed to become law. This negative retrospective projects a dramatically different vision of Rule 23, and it offers insights into both the Rule 23 of today and the rulemaking process more generally.