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The Constitutionality of the Proposed Rule 23 Class Action Amendments

Abstract

In her Article, Professor Mullenix sets forth the basis for the various constitutional challenges to the proposed Rule 23 amendments grounded in the Rules Enabling Act, Article III of the Constitution, and due process. She concludes that the proposed Rule 23(b)(3) subfactor (F) legitimately may be vulnerable to constitutional attack, but that the Rule 23(b)(4) settlement class proposal is constitutionally defensible.

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39 Ariz. L. Rev. 615 (1997)

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Authors

Linda S. Mullenix (University of Texas)

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