Currently, under the Federal Rules of Civil Procedure, courts are not required to include findings of fact and conclusions of law in orders granting or denying class certification. Because of the complex nature of the law and facts involved in class suits, this note will also suggest a requirement, possibly through amendment of the Federal Rules of Civil Procedure, that such orders make explicit, through written findings and conclusions, the factors taken into account in the court's decision. Such a requirement would aid the courts in properly applying Rule 23 to Title VII. Moreover, written findings of fact and conclusions of law would also provide the parties, especially the losing party, with an articulated basis for the court's decision.
General Telephone Company of the Southwest v. Falcon: Rule 23's Application to Title VII, 13 Golden Gate U. L. Rev.