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.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Class Action Dilemmas

Class Action Dilemmas
Author: Deborah R. Hensler
Publisher: Rand Corporation
Total Pages: 635
Release: 2000-08-02
Genre: Law
ISBN: 0833043943

Class action lawsuits--allowing one or a few plaintiffs to represent many who seek redress--have long been controversial. The current controversy, centered on lawsuits for money damages, is characterized by sharp disagreement among stakeholders about the kinds of suits being filed, whether plaintiffs' claims are meritorious, and whether resolutions to class actions are fair or socially desirable. Ultimately, these concerns lead many to wonder, Are class actions worth their costs to society and to business? Do they do more harm than good? To describe the landscape of current damage class action litigation, elucidate problems, and identify solutions, the RAND Institute for Civil Justice conducted a study using qualitative and quantitative research methods. The researchers concluded that the controversy over damage class actions has proven intractable because it implicates deeply held but sharply contested ideological views among stakeholders. Nevertheless, many of the political antagonists agree that class action practices merit improvement. The authors argue that both practices and outcomes could be substantially improved if more judges would supervise class action litigation more actively and scrutinize proposed settlements and fee awards more carefully. Educating and empowering judges to take more responsibility for case outcomes--and ensuring that they have the resources to do so--can help the civil justice system achieve a better balance between the public goals of class actions and the private interests that drive them.

Breached!

Breached!
Author: Daniel J. Solove
Publisher: Oxford University Press
Total Pages: 257
Release: 2022
Genre: LAW
ISBN: 0190940557

Web-based connections permeate our lives - and so do data breaches. Given that we must be online for basic communication, finance, healthcare, and more, it is remarkable how many problems there are with cybersecurity. Despite the passage of many data security laws, data breaches are increasingat a record pace. In Breached!, Daniel Solove and Woodrow Hartzog, two of the world's leading experts on cybersecurity and privacy issues, argue that the law fails because, ironically, it focuses too much on the breach itself.Drawing insights from many fascinating stories about data breaches, Solove and Hartzog show how major breaches could have been prevented through inexpensive, non-cumbersome means. They also reveal why the current law is counterproductive. It pummels organizations that have suffered a breach, butdoesn't recognize other contributors to the breach. These outside actors include software companies that create vulnerable software, device companies that make insecure devices, government policymakers who write regulations that increase security risks, organizations that train people to engage inrisky behaviors, and more.The law's also ignores the role that good privacy practices can play. Although humans are the weakest link for data security, the law remains oblivious to the fact that policies and technologies are often designed with a poor understanding of human behavior. Breached! corrects this course byfocusing on the human side of security. This book sets out a holistic vision for data security law - one that holds all actors accountable, understands security broadly and in relationship to privacy, looks to prevention rather than reaction, and is designed with people in mind. The book closes witha roadmap for how we can reboot law and policy surrounding cybersecurity so that breaches become much rarer events.

2020 Survey of Federal Class Action Law

2020 Survey of Federal Class Action Law
Author: Class Actions and
Publisher:
Total Pages: 341
Release: 2020-12
Genre: Law
ISBN: 9781641056106

To help understand the differences in each circuit's laws, the 2020 Survey of Federal Class Action Law: A U.S. Supreme Court and Circuit-by-Circuit Analysis contains an up-to-date analysis of class action law in each Federal Circuit.

Guidelines Manual

Guidelines Manual
Author: United States Sentencing Commission
Publisher:
Total Pages: 456
Release: 1995
Genre: Sentences (Criminal procedure)
ISBN:

Mass Tort Deals

Mass Tort Deals
Author: Elizabeth Chamblee Burch
Publisher: Cambridge University Press
Total Pages: 293
Release: 2019-05-16
Genre: Business & Economics
ISBN: 1108416977

Presenting twenty-two years of multidistrict litigation data, this book exposes a systematic lack of checks and balances in our courts.