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Full-Text Articles in Law
Complex Litigation Lecture: The Adversary System And Modern Class Action Practice, Roger H. Trangsrud
Complex Litigation Lecture: The Adversary System And Modern Class Action Practice, Roger H. Trangsrud
GW Law Faculty Publications & Other Works
In modern class action practice, the class action device can enormously expand the availability of justice but can also cause substantial injustice to defendants and absent class members when improperly used. The latter is often the case because Rule 23 of the Federal Rules of Civil Procedure has come to be interpreted by the federal courts in ways that mask the proper criteria that should be used in deciding whether to certify a class action. Thus, Rule 23 needs a complete overhaul. First, Rule 23 should be amended to allow appeals as of right, not discretion, from orders granting or …
Structure And Integrity, Susan Carle
Structure And Integrity, Susan Carle
Articles in Law Reviews & Other Academic Journals
In this Review Essay of David Luban's Legal Ethics and Human Dignity, I argue that although Professor Luban has not had much to say until now about "structural" concerns - namely, how lawyers' locations within institutions that organize access to power shape or should shape those lawyers' conduct - in his most recent work, another approach slips in as a supplement to his individualist framework. In this emerging supplement, structural concerns become increasingly important. Although individual integrity continues to matter most in Professor Luban's world view, it increasingly matters in the context of structural relations in which lawyers' ethical duties …