Abstract
Many lower federal courts have in the last decade and a half made creative use of the class action to resolve mass tort disputes. The authors contend that the resolution of mass torts under Rule 23 is not legitimate; that any amendment to that rule legitimizing the resolution of mass torts as class actions would exceed rulemaking power of the Supreme Court under the Rules Enabling Act; and that any revision of the Rules Enabling Act to authorize such rulemaking might well be unconstitutional.
How to Cite
39 Ariz. L. Rev. 461 (1997)
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