The Power and Promise of Procedure: Examining the Class Action Landscape After Wal-Mart v. Dukes

Suzette M. Malveaux, The Catholic University of America, Columbus School of Law


When we think about the Federal Rules of Civil Procedure, the issues can seem very technical, and the topic dry and difficult. But procedural issues are extremely important and have a tremendous impact on all of us. Whether it is everyday folks (like employees and consumers who are trying to enforce their rights), or multi-national corporations (who are central to the economic well-being of our society), the process that we use to resolve disputes really matters.

This Article discusses the power and promise of procedure, focusing on a particular procedural device-the class action-and the Supreme Court's recent interpretation of Rule 23 (the class action rule) in Wal-Mart Stores, Inc. v. Dukes.