This Article traces the development of class certification by several circuit courts to embrace merits scrutiny at the class certification stage and critically examines the jurisprudential principles motivating it.
OLSON, STEIG D.
""Chipping Away": The Misguided Trend Toward Resolving Merits Disputes as Part of the Class Certification Calculus,"
University of San Francisco Law Review: Vol. 43
, Article 7.
Available at: http://repository.usfca.edu/usflawreview/vol43/iss4/7