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The Fiftieth Anniversary of the Rule 23 Amendments: Are Class Actions on the Precipice?

Ellen Meriwether, Antitrust (23), Spring 2016

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Fifty years ago, Rule 23 was amended to specify the core requirements for class
certification so familiar today. According to Professor Arthur Miller, who identifies himself as a “percipient witness and participant in the process,” the goal of the 1966 amendments was to encourage efficiency and fairness through the liberal joinder of claims and parties. 1 Innovation in case management was perceived to be necessary not only to provide a “receptive procedural vehicle for the explosion of civil rights cases” but also to “provide a mechanism for allowing the joinder of related, modest-sized claims, held by a significant number of people, the pursuit of which would be economically unviable if obliged to be advanced one by one.” ...

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