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Full-Text Articles in Law

Zahn V. International Paper Co.: The Non-Aggregation Rule In Jurisdictional Amount Cases, William H. Theis Nov 1974

Zahn V. International Paper Co.: The Non-Aggregation Rule In Jurisdictional Amount Cases, William H. Theis

Louisiana Law Review

No abstract provided.


Civil Procedure—Environmental Class Actions: Economic Ramifications Of The Rule 23 Nonaggregation Doctrine—Zahn V. International Paper Co., 414 U.S 291 (1973), James C. Carmody Nov 1974

Civil Procedure—Environmental Class Actions: Economic Ramifications Of The Rule 23 Nonaggregation Doctrine—Zahn V. International Paper Co., 414 U.S 291 (1973), James C. Carmody

Washington Law Review

This note will examine the impact of Zahn v. International Paper Co. within the context of environmental litigation. It will briefly trace the history of the nonaggregation doctrine relied upon and reaffirmed by the Zahn majority, and describe the limitations imposed upon would-be federal plaintiffs by that doctrine. The note then will examine various alternative modes of adjudication, including the ancillary jurisdiction alternative suggested by dissenting Justice Brennan, which would have been preferable to the position adopted by the majority. Finally, and most importantly, the note will take a hard look at the deleterious economic effects of Zahn upon environmental …


Sosna V. Iowa, Lewis F. Powell Jr. Oct 1974

Sosna V. Iowa, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Federal Rules Of Civil Procedure--Use Of Rule 23 Restricted, Charles J. Kaiser Jr. Jun 1974

Federal Rules Of Civil Procedure--Use Of Rule 23 Restricted, Charles J. Kaiser Jr.

West Virginia Law Review

No abstract provided.


Limiting The Plaintiff Class: Rule 10b-5 And The Federal Securities Code, Michigan Law Review Jun 1974

Limiting The Plaintiff Class: Rule 10b-5 And The Federal Securities Code, Michigan Law Review

Michigan Law Review

The Penn Central litigation, involving a large, publicly held corporation, illustrates the need to examine the reach of the federal antifraud provisions. This Note discusses the problem of defining the plaintiff class when the number of past and present shareholders who are potential plaintiffs is very great. Attention will center on the methods courts have used to limit the class of investors compensable under rule 10b-5. Also, the effect that enactment of present drafts of the American Law lnstitute's proposed Federal Securities Code would have on the composition of the plaintiff class in analogous actions will be discussed. Finally, the …


The Tentative Settlement Class And Class Action Suits Under Title Vii Of The Civil Rights Act, Michigan Law Review Jun 1974

The Tentative Settlement Class And Class Action Suits Under Title Vii Of The Civil Rights Act, Michigan Law Review

Michigan Law Review

This Note will examine the potential utility of a tentative settlement class (TSC) in suits initiated under title VII of the Civil Rights Act of 1964. The advantages and disadvantages of the TSC will be discussed in the context of analyzing whether the use of a TSC is valid under rules 23(a) and 23(b) of the Federal Rules of Civil Procedure. The discussion of the merits of the TSC in the title VII context will illustrate the problems inherent in the use of a tentative class for encouraging settlements of any class action.