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Introduction

Abstract

In order to broaden the context in which consideration of class actions and the proposed amendments to Rule 23 occur, this Introduction discusses the Rule's development from inception to the recently proposed amendments concluding with a brief description of the conference schedule. From the Rule's original adoption, encouraging the use of class actions through textually sophisticated analysis, through the 1966 revision, substituting functional tests with more conceptually realistic guidelines, the recently proposed amendments will both enhance the effectiveness of Rule 23 while at the same time effect a retrenchment of the Rule's aggregation capabilities.

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39 Ariz. L. Rev. 407 (1997)

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Authors

Joel Seligman
Lindsey Hunter

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