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Federal Rules of Civil Procedure

Notre Dame Law School

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Full-Text Articles in Law

Diagnosis And Treatment Of The "Superiority Problem", Jay Tidmarsh Jan 2016

Diagnosis And Treatment Of The "Superiority Problem", Jay Tidmarsh

Journal Articles

Christine Bartholomew has provided a brilliant diagnosis of the "superiority problem" in class-action law, although I am not convinced that her plan to treat the will cure the patient. If superiority is to be eliminated, predominance must also be abandoned. Some new formula must replace Rule 23(b)(3) in its entirety. The problem of Rule 23(b)(3) is that the factors (especially superiority) give too much power to courts to get the results they want. Unless the ills that Professor Bartholomew documents are to be repeated in a new form, any replacement for Rule 23(b)(3) must be far more specific and concrete …


Infectious Waste: A Guide To State Regulation And A Cry For Federal Intervention, Michael R. Shumaker Apr 2014

Infectious Waste: A Guide To State Regulation And A Cry For Federal Intervention, Michael R. Shumaker

Notre Dame Law Review

No abstract provided.


Criminal Defendants' Waiver Of The Right To Appeal--An Unacceptable Condition Of A Negotiated Sentence Or Plea Bargain, Gregory M. Dyer, Brendan Judge Jun 1999

Criminal Defendants' Waiver Of The Right To Appeal--An Unacceptable Condition Of A Negotiated Sentence Or Plea Bargain, Gregory M. Dyer, Brendan Judge

Notre Dame Law Review

No abstract provided.


Logic And Elements, Richard D. Friedman Jun 1999

Logic And Elements, Richard D. Friedman

Notre Dame Law Review

No abstract provided.


Taking Substantive Rights (In The Rules Enabling Act) More Seriously, Leslie M. Kelleher Oct 1998

Taking Substantive Rights (In The Rules Enabling Act) More Seriously, Leslie M. Kelleher

Notre Dame Law Review

No abstract provided.


1983 Amendments To Rule 11: Answering The Critics' Concern With Judicial Self-Restraint, Nancy H. Wilder Jan 1986

1983 Amendments To Rule 11: Answering The Critics' Concern With Judicial Self-Restraint, Nancy H. Wilder

Notre Dame Law Review

No abstract provided.


Recent Decisions, Notre Dame Law Review Editors Jan 1984

Recent Decisions, Notre Dame Law Review Editors

Notre Dame Law Review

No abstract provided.


Patent Ownership: An Employer's Rights To His Employee's Invention, William P. Hovell Apr 1983

Patent Ownership: An Employer's Rights To His Employee's Invention, William P. Hovell

Notre Dame Law Review

No abstract provided.