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They're Making a Federal Case Out of It . . .In State Court

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Publication Date: September 2001

Publisher(s): Manhattan Institute for Policy Research. Center for Legal Policy

Author(s): Jessica Davidson Miller; John H. Beisner

Topic: Government (State or regional government)
Justice (Courts and judicial power)
Law and ethics (Law and jurisprudence)

Keywords: regulatory policy; interstate class actions; county courts

Type: Report

Coverage: United States Illinois Texas Florida


Increasingly, academics and policy makers are concerned that a handful of state courts, may be effectively making law for 49 other states in addition to their own, or applying their own state law to citizens of other states. This study reveals that the authority to certify national class actions is, in fact, providing local judges with the ability to dictate national policy over a vast array of issues and industries.