Putting Hanna to Rest in Shady Grove
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Authors
Cox, Stan
Issue Date
2011
Type
Journal Article
Language
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Alternative Title
Abstract
FIRST PARAGRAPH(S)|I write separately from and do not join Justice Ginsburg's dissenting opinion, because I believe the result of applying Federal Rule of Civil Procedure 23 to the facts of this case would be unconstitutional. Although it might be possible to engage in the interpretive gymnastics that Justice Ginsburg's opinion exercises, so as to avoid a potential constitutional problem with Rule 23, I do not follow that course for two reasons. First, the more fair and natural reading of Rule 23 would find it presumptively applicable to the facts of this case. But more importantly, we do not write for this case alone, but also to provide guidance to the bar and lower courts about how to resolve potential conflicts between state and federal laws when a case that arises under state law is in federal court...
Description
Citation
44 Creighton L. Rev. 43 (2010-2011)
Publisher
Creighton University School of Law