The Conservative Case for Class Actions

The Conservative Case for Class Actions
Author: Brian T. Fitzpatrick
Publisher: University of Chicago Press
Total Pages: 283
Release: 2019-11-01
Genre: Law
ISBN: 022665933X

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.

Collective Actions

Collective Actions
Author: Stefan Wrbka
Publisher: Cambridge University Press
Total Pages: 457
Release: 2012-04-30
Genre: Law
ISBN: 1107379849

This volume of essays draws together research on different types of collective actions: group actions, representative actions, test case procedures, derivative actions and class actions. The main focus is on how these actions can enhance access to justice and on how to balance the interests of private actors in protecting their rights with the interests of society as a whole. Rather than focusing on collective actions only as a procedural device per se, the contributors to this book also examine how these mechanisms relate to their broader social context. Bringing together a broad range of scholarship from the areas of competition, consumer, environmental, company and securities law, the book includes contributions from Asian, European and North American scholars and therefore expands the scope of the traditional European and/or American debate.

The Future of Civil Litigation

The Future of Civil Litigation
Author: Laura Ervo
Publisher: Springer
Total Pages: 424
Release: 2014-07-05
Genre: Law
ISBN: 3319044656

This book offers an analysis of the current trends and developments in Nordic civil litigation and is divided into four main parts. In the first part a picture of the current civil litigation landscape is provided by focusing on whether there is a truly Nordic form of civil litigation, the current state of Nordic civil litigation, the recent major reforms of civil procedure legislation and the effects of Europeanization. In the second part, the way rules on court-connected mediation have been implemented and practiced in the Nordic countries is discussed. The authors offer their insights on why court-connected mediation has not been fully embraced by Nordic lawyers and the Nordic approach to this type of mediation is contrasted with the Austrian and German approaches. In the third part, recent developments affecting access to justice in the Nordic countries are discussed. Among the topics are changes in legal aid schemes, the impact of recent civil procedure law reforms, hindrances for larger companies to use litigation as a method of dispute resolution and differences in costs and delays. Additionally, Alternative Dispute Resolution and Class or Group Actions are explored as methods to enhance access to justice. The potential adverse effects of Alternative Dispute Resolution and Group Actions are also examined, both in a Nordic and European context. In the final part, conclusions are drawn from both historical and future-oriented perspectives.

Small Arms Survey 2011

Small Arms Survey 2011
Author: Small Arms Survey, Geneva
Publisher: Cambridge University Press
Total Pages: 329
Release: 2011-06-30
Genre: Political Science
ISBN: 1139504029

In examining various aspects of the provision of security, the Small Arms Survey 2011 considers the growth of the private security industry and its firearms holdings worldwide; the firearms holdings of private security personnel; the use of private security companies by multinational corporations; the use of emerging weapons technology among Western police forces; and legislative controls over the civilian possession of firearms in 42 jurisdictions around the world. Case studies provide original research on ongoing security challenges in Côte d'Ivoire, Haiti and Madagascar. This edition also presents the 2011 Small Arms Trade Transparency Barometer, an estimate of the annual authorized trade in light weapons, and a review of developments related to small arms control at the United Nations.

Class Action Strategy & Practice Guide

Class Action Strategy & Practice Guide
Author: Gregory C. Cook
Publisher: American Bar Association
Total Pages: 428
Release: 2018
Genre: Class actions (Civil procedure)
ISBN: 9781641052740

"This book provides...guidance to lawyers on how to conduct a class action, including both the plaintiff and defense perspective on the key decisions during the class action battle. It looks at each major phase of the action, from the filing of the action to settlement decisions and mechanisms."--

Inside This Place, Not of It

Inside This Place, Not of It
Author: Ayelet Waldman
Publisher: Verso Books
Total Pages: 328
Release: 2017-07-25
Genre: Social Science
ISBN: 1786632306

“Essential reading” on some of the most egregious human rights violations within women’s prisons in the United States (Piper Kerman, author of Orange is the New Black) Here, in their own words, thirteen women recount their lives leading up to incarceration and their harrowing struggle for survival once insides. Among the narrators: Theresa, who spent years believing her health and life were in danger, being aggressively treated with a variety of medications for a disease she never had. Only on her release did she discover that an incompetent prison medical bureaucracy had misdiagnosed her with HIV. Anna, who repeatedly warned apathetic prison guards about a suicidal cellmate. When the woman killed herself, the guards punished Anna in an attempt to silence her and hide their own negligence. Teri, who was sentenced to up to fifty years for aiding and abetting a robbery when she was only seventeen. A prison guard raped Teri, who was still a teenager, and the assaults continued for years with the complicity of other staff.

The Jury in America

The Jury in America
Author: Dennis Hale
Publisher: University Press of Kansas
Total Pages: 480
Release: 2016-02-09
Genre: Law
ISBN: 0700622004

The jury trial is one of the formative elements of American government, vitally important even when Americans were still colonial subjects of Great Britain. When the founding generation enshrined the jury in the Constitution and Bill of Rights, they were not inventing something new, but protecting something old: one of the traditional and essential rights of all free men. Judgment by an “impartial jury” would henceforth put citizen panels at the very heart of the American legal order. And yet at the dawn of the 21st century, juries resolve just two percent of the nation’s legal cases and critics warn that the jury is “vanishing” from both the criminal and civil courts. The jury’s critics point to sensational jury trials like those in the O. J. Simpson and Menendez cases, and conclude that the disappearance of the jury is no great loss. The jury’s defenders, from journeyman trial lawyers to members of the Supreme Court, take a different view, warning that the disappearance of the jury trial would be a profound loss. In The Jury in America, a work that deftly combines legal history, political analysis, and storytelling, Dennis Hale takes us to the very heart of this debate to show us what the American jury system was, what it has become, and what the changes in the jury system tell us about our common political and civic life. Because the jury is so old, continuously present in the life of the American republic, it can act as a mirror, reflecting the changes going on around it. And yet because the jury is embedded in the Constitution, it has held on to its original shape more stubbornly than almost any other element in the American regime. Looking back to juries at the time of America's founding, and forward to the fraught and diminished juries of our day, Hale traces a transformation in our understanding of ideas about sedition, race relations, negligence, expertise, the responsibilities of citizenship, and what it means to be a citizen who is “good and true” and therefore suited to the difficult tasks of judgment. Criminal and civil trials and the jury decisions that result from them involve the most fundamental questions of right, and so go to the core of what makes the nation what it is. In this light, in conclusion, Hale considers four controversial modern trials for what they can tell us about what a jury is, and about the fate of republican government in America today.