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Class Actions in Context

2016-05-27 Law
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Release : 2016-05-27
Genre : Law
Kind : eBook
Book Rating : 445/5 ( reviews)

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Book Synopsis Class Actions in Context by : Deborah R. Hensler

Download or read book Class Actions in Context written by Deborah R. Hensler. This book was released on 2016-05-27. Available in PDF, EPUB and Kindle. Book excerpt: In recent years collective litigation procedures have spread across the globe, accompanied by hot controversy and normative debate. Yet virtually nothing is known about how these procedures operate in practice. Based on extensive documentary and interview research, this volume presents the results of the first comparative investigation of class actions and group litigation 'in action'. Produced by a multinational team of legal scholars, this book spans research from ten different countries in the Americas, Europe, Asia and the Middle East, including common law and civil law jurisdictions. The contributors conclude that to understand how class actions work in practice, one needs to know the cultural factors that shape claiming, the financial arrangements that enable or impede litigation, and how political actors react when mass claims erupt. Substantive law and procedural rules matter, but culture, economics and politics matter at least as much. This book will be of interest to students and scholars of law, business and politics. It will also be of use to public policy makers looking to respond to mass claims; financial analysts looking to understanding the potential impact of new legal instruments; and global lawyers who litigate transnationally. Contributors:A. Barroilhet, C. Cameron, N. Creutzfeldt, M.A. Gómez, A. Halfmeier, D.R. Hensler, C. Hodges, K.-C. Huang, J. Kalajdzic, A. Klement, B. Stier, E. Thornburg, I. Tzankova, S. Voet

Managing Class Action Litigation

2009 Class actions (Civil procedure)
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Release : 2009
Genre : Class actions (Civil procedure)
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Managing Class Action Litigation by : Barbara Jacobs Rothstein

Download or read book Managing Class Action Litigation written by Barbara Jacobs Rothstein. This book was released on 2009. Available in PDF, EPUB and Kindle. Book excerpt:

The Conservative Case for Class Actions

2019-11-01 Law
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Release : 2019-11-01
Genre : Law
Kind : eBook
Book Rating : 33X/5 ( reviews)

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Book Synopsis The Conservative Case for Class Actions by : Brian T. Fitzpatrick

Download or read book The Conservative Case for Class Actions written by Brian T. Fitzpatrick. This book was released on 2019-11-01. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.

The Law and Economics of Class Actions in Europe

2012-01-01 Law
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Release : 2012-01-01
Genre : Law
Kind : eBook
Book Rating : 243/5 ( reviews)

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Book Synopsis The Law and Economics of Class Actions in Europe by : Jürgen G. Backhaus

Download or read book The Law and Economics of Class Actions in Europe written by Jürgen G. Backhaus. This book was released on 2012-01-01. Available in PDF, EPUB and Kindle. Book excerpt: 'The Law and Economics of Class Actions in Europe marshals an impressive array of expertise from both sides of the Atlantic to illuminate the debate over class action litigation. This volume is a valuable addition to the literature on class actions in both the US and Europe.' – Jennifer Arlen, New York University, School of Law, US 'The availability and performance of class actions is a fundamental question being addressed in many legal systems. Class actions offer a rare opportunity for individuals with small losses to obtain redress against large companies and may provide important incentives to comply with the law. Effective class actions that provide these benefits exist in few countries. This book assembles leading scholars from around the world to provide important new insights into the theory and practice of this important legal procedure.' – Theodore Eisenberg, Cornell University, US This well-documented book discusses the power and limitations of class actions with insights and analysis from a panel of distinguished scholars. It pays special attention to the introduction and the applicability of such a legal device in European civil law countries. The book offers a broad legal and economic investigation, drawing insights from US judicial experience and giving a rigorous discussion of both the philosophical and constitutional aspects and the economic mechanisms and incentives set up by class actions. The Law and Economics of Class Actions in Europe will be a welcome addition to the bookshelf of all those interested in the function of class action litigation for promoting justice and efficiency. In particular, it will benefit graduate and postgraduate students, researchers and academics in law, economics, and law and economics, policymakers, judges and attorneys.

Class Actions and Other Multi-party Litigation in a Nutshell

1999 Law
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Release : 1999
Genre : Law
Kind : eBook
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Book Synopsis Class Actions and Other Multi-party Litigation in a Nutshell by : Robert H. Klonoff

Download or read book Class Actions and Other Multi-party Litigation in a Nutshell written by Robert H. Klonoff. This book was released on 1999. Available in PDF, EPUB and Kindle. Book excerpt: This new text covers all of the major topics of class action law & practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, "opt-out" rights, Seventh Amendment & due process issues, class settlements, remedies, appellate review, issue & claim preclusion, & ethical & policy issues. It also contains a special focus on securities, mass tort, & employment discrimination class actions, defendant class actions & shareholder derivative suits. The book explores the latest cutting-edge issues in multi-party litigation & discusses numerous groundbreaking court decisions.

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