Abstract
The 1938 version of Federal Rule 23 was patterned on Equity Rule 38, which in turn reflected the centuries-old practice of allowing certain "representative" parties to prosecute or defend some types of claims on behalf of themselves and others. Intended by its draftsmen to be procedural only and not to affect substantive rights, the Rule created what came to be known as the "true," "hybrid" and "spurious" classes. The Rule was interpreted to allow so-called "one-way intervention," one of the principal targets of change in the 1966 amendments.
How to Cite
39 Ariz. L. Rev. 705 (1997)
2
Views
1
Downloads