ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Academic

: Legal Theory Blog

Rowe on Comparative Class Action Rules

By Lawrence Solum

ADVERTISEMENTS

Thomas D. Rowe, Jr. (Duke University School of Law) has posted State and Foreign Class-Action Rules and Statutes: Differences from - and Lessons For? - Federal Rule 23 (Western State University Law Review) on SSRN. Here is the abstract:

This article looks at significant differences between Federal Rule of Civil Procedure 23 on class actions and the class-action rules or statutes of some states and foreign nations. A large number of American states have class-action rules based on and often identical with Federal Rule 23, at least in its 1966 version before amendments of the last ten years. But important variations exist and might provide a source of ideas for revisions of the federal rule and other state rules. Three of the most noteworthy are: First, a few states do not have the typicality requirement of Federal Rule 23(a)(3). Second and more significantly, several states and foreign jurisdictions do not apply the requirement of Federal Rule 23(b)(3) that common issues predominate over individual ones with the zeal of some federal courts, or lack the requirement to begin with. Third, in a considerable variety of ways several states water down the rigorous requirement of Federal Rule 23(c)(2)(B) that for Rule 23(b)(3) common-question class actions "the court must direct to class members the best notice that is practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort."

Rowe is one of the great proceduralists & this is highly recommended!

Full post as published by Legal Theory Blog on February 08, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0185 secs (new cache)