Private Law Theory

Far from being the exception to individual adversarial suits in modern US litigation, an early prototype of class action litigation was common in medieval England. During a period shaped by strong group cultures, judges largely did not question group litigation. The early US legal system adopted some of these ideas about English group litigation, and in 1937, the Federal Rules of Civil Procedure (FRCP) Advisory Committee drafted Rule 23 for class actions … (more)

[Caroline Bressman, University of Minnesota Law Review, 30 March]

First posted 2017-04-01 10:51:14