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F. HODGE O'NEAL CORPORATE AND SECURITIES LAW SYMPOSIUM: THE FUTURE OF CLASS ACTIONS: THE HISTORY OF THE MODERN CLASS ACTION, PART I: STURM UND DRANG, 1953-1980

DAVID MARCUS

Wash. U. L. Rev., Vol.90 pp.587-1819, 2013 [Periódico revisado por pares]

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  • Título:
    F. HODGE O'NEAL CORPORATE AND SECURITIES LAW SYMPOSIUM: THE FUTURE OF CLASS ACTIONS: THE HISTORY OF THE MODERN CLASS ACTION, PART I: STURM UND DRANG, 1953-1980
  • Autor: DAVID MARCUS
  • Assuntos: Certification; Particularly; Buccaneering; Representing; Philadelphia; Previously; Corruption; Idealistic; Settlement; Interested; Administrative Law; Civil Procedure; Criminal Law & Procedure; Education Law; Labor & Employment Law; Transportation Law
  • É parte de: Wash. U. L. Rev., Vol.90 pp.587-1819, 2013
  • Descrição: ... According to this understanding, class actions offered an important substitute for, or addition to, public administration, and courts should deploy the device aggressively to maximize regulatory efficacy. ... As class action doctrine under the modern Rule 23 coalesced in the 1970s, decision-makers adopted a variant of this strategy to manage the divide between Rule 23's regulatory and adjectival conceptions and with it the class action's governance dilemma. ... Ignoring doctrinal constraints altogether, several progressive Southern federal judges signaled that plaintiffs' judgments in desegregation class actions would benefit all black schoolchildren included in the class definition, even though the suits involved spurious rights. ... When judges ignored or downplayed individualized elements of securities or antitrust claims in order to certify classes, for example, they engaged in illegitimate substantive law reform. ... If the regulatory and adjectival conceptions of Rule 23 further values of regulatory efficacy and institutional integrity, respectively, then the dilemma of class action governance comes more completely into focus. ... The class treatment of claims requires courts to abstract away from the particular circumstances of individual litigants, in conflict with the ideal of adjudication as an individualized process. ... Because a great deal of the action on the consumer protection front in the 1960s and 1970s took place at the state level, the decisions "rendered consumer class actions virtually nonexistent in federal courts," as Ralph Nader complained. ... For cases of this ilk, courts allowed that injury and damages elements could be established mechanistically, without individual hearings, and permitted certification.
  • Idioma: Inglês

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