Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Legal Theory BlogMarcus on Desegregation Litigation & Class Actions
By Lawrence Solum
-
As revised in 1966, Rule 23 of the Federal Rules of Civil Procedure requires that class members in money damages suits receive notice and an opportunity to opt out. Class members in injunctive relief suits do not enjoy these procedural rights. No consensus explanation for this difference, which implicates the class action?s constitutional foundation, has prevailed. Using previously-overlooked primary sources, I provide a history of both class action doctrine before 1966 and the labors of the authors of the 1966 revision to determine why they structured the rule the way they did. The answer is startling. No purely procedural, trans-substantive justification exists to explain why they eschewed procedural rights for injunctive relief suits. Rather, the 1966 authors did so to assist plaintiffs prosecuting desegregation suits in the Deep South. The substance-specific origins of at least part of Rule 23 call into question foundational aspects of current class action doctrine.
Full post as published by Legal Theory Blog on October 06, 2010 (boomark / email).
Mesothelioma Law Suit
Asbestos Exposure
Paxil Lawsuit
Paxil Claims, Lawsuits, and Injuries
Katrina Victims See Justice, Ruling Paves the Way for Class Actions
Katrina Victims See Justice Ruling Paves the Way for Class Actions
$189 Million Settlement Reached in Slab Litigation
$189 Million Settlement Reached in Slab Litigation
Breakthrough Settlement Reached In Chinese Drywall Litigation
Chinese Drywall Litigation Breakthrough Settlement Reached
Health Net
Settles Three Class Actions for $215 Million
Sonus, Vonage
Settle their Class Actions
Hurricane Insurer
Settles 2 Class Actions for $35 Million

Marcus on Desegregation Litigation and the Class Action
Law School That Didn't Exist Is Sued by Student Who Didn't Take Classes
New L&C Law Scholarship: May It Please The Justice








