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Publication Date

Fall 1998




Stetson University College of Law




Elsewhere I have argued that the word "law" is too important a resource to reserve exclusively for state acts and pronouncements.5 Here, however, my emphasis is somewhat different. Here, I want to concentrate on the importance of denying the label of "law" to some acts that the state calls "law," particularly the importance of lawyers denying the state's indiscriminate use of the word "law." The bar's rhetoric maintains that the profession's independence from the state is critically important because only an independent bar can serve as an appropriate check on tyranny, on state force masquerading as law.6 Well, I write to say that we are falling down on the job. Much of class action practice has lost its claim to the name of law. Unfortunately, lawyers in position to sound the alarm are silent. That silence must be broken.

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