Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber
Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber
University of Michigan Journal of Law Reform
This Article examines whether Rule 23(b)(2) violates the procedural due process rights of absent class members by binding them to the judgment in a class case without notice of the suit. It concludes that the Rule almost certainly violates due process and proposes a reform that would permit nonbinding class actions similar to the old "spurious" class suits.
Civil Rule 52(A): Rationing And Rationalizing The Resources Of Appellate Review, Edward H. Cooper
Civil Rule 52(A): Rationing And Rationalizing The Resources Of Appellate Review, Edward H. Cooper
Articles
My text is a single and rather simple sentence from Rule 52(a) of the Federal Rules of Civil Procedure: Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. My theme is equally simple.. Rule 52(a) serves a vital institutional role in allocating the responsibility and the power of decision between district courts and the courts of appeals. The "dearly erroneous" standard of appellate review established by the Rule is a …