Elizabeth Chamblee Burch

The adequacy requirement of Rule 23(a)(4) tends to be under-studied and under-enforced.  That’s why it is always a pleasure to read new work on adequacy. Now, Professor Elizabeth Burch has published her latest discussion of the adequacy requirement: Adequately Representing Groups.

Professor Burch focuses on the standard that should apply when attacking adequacy

 During the latter half of 2011, I was privy to the following exchange between a well-known law professor and a well-known practitioner:

PROFESSOR: Yes, I wrote a piece which concluded that the class action is dead. You heard it here.
PRACTITIONER: And yet plaintiffs keep filing the things …

That exchange (which I promise actually