Con Law Center Articles and Publications

Document Type

Article

Publication Date

2015

Abstract

This symposium issue on The Class Action After a Decade of Roberts Court Decisions provides perspectives on how the class action has fared under persistent Supreme Court scrutiny. Over the past ten years, the Roberts Court has repeatedly returned to questions concerning class action litigation...This ten-year retrospective on the Roberts Court’s class action decisions provides a timely opportunity to reflect on the Supreme Court’s institutional role in construing the Federal Rules and in creating class action policy through decisions construing Rule 23...The contributors to this symposium focus on the Roberts Court class action decisions as a whole; the Roberts Court’s new insights regarding the nature of the class action; and the practical impact of the Court’s class action decisions. Section II of this Foreword discusses articles that offer perspectives regarding the body of class action cases decided by the Roberts Court... Section III reviews articles that discuss (1) the Roberts Court’s perception of the class action and (2) the interplay of federalism principles and the Court’s restrictive approach to class certification under Rule 23...Finally, Section IV reviews articles that assess the vigor of class action litigation in the lower federal courts after the Roberts Court’s decisions in Wal-Mart v. Dukes, Comcast Corp. v. Behrend, and the Court’s securities class action cases.

Publication Title

Akron Law Review

Volume

48

Issue

4

First Page

697

Last Page

720

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