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.

Judicial Systems of the Third World

Judicial Systems of the Third World
Author: Kishan Khanna
Publisher: AuthorHouse
Total Pages: 625
Release: 2002-11-05
Genre: Courts
ISBN: 1403339767

Put this truly magical story on your "must read" list. Join Pee Wee Mulligan & friends in travel adventures. In story and rhyme, you'll skip across time. Only six inches tall, Pee Wee has been gifted with a unique form of travel. Pee Wee and his friends outsmart troublesome characters. See the world through Pee Wee's eyes! Have a bit of fun and enjoy past history as Pee Wee Mulligan and friends experience a truly magical adventure. Originally, Pee Wee was a character created by the author to entertain the rambunctious kids while Mom and Dad dined at an exclusive Catskill Mountain resort. Once the kids told their parents about Pee Wee, Pee Wee was enchanting both the children and adults daily. Based on the author's award winning cartoon script (part fantasy and part history), Pee Wee Mulligan has enchanted children and adults alike. Parents and young readers will have fun reading this tale to a still younger audience. Grade school educators will want to place the book on their library shelves.

Economic Consequences of Litigation Worldwide

Economic Consequences of Litigation Worldwide
Author: Charles Platto
Publisher: Kluwer Law International B.V.
Total Pages: 454
Release: 1999-07-28
Genre: Law
ISBN: 904111095X

In 1992, The Section on Business Law of the International Bar Association established a Task Force on Economic Consequences of Litigation Worldwide to study and report on the different civil and commercial court systems throughout the world. The purpose of the Task Force was to evaluate the problems of civil litigation and propose solutions on a global scale, based on a comparative analysis of different jurisdictions, with a particular focus on commercial litigation and the economic consequences of litigation to worldwide business. The Task Force included representatives from Asia Pacific, Canada, Europe, United Kingdom and the United States. The project was divided into three stages: Fundamentals of Commercial Litigation, Problems and Consequences, and Solutions and Proposals for Change. Economic Consequences of Litigation Worldwide is the result of six years of intensive study and effort. It includes chapters on Asia Pacific (Australia, Hong Kong, Japan, New Zealand, Singapore), Canada, Europe (Denmark, France, Germany, Holland, Italy, Norway, Portugal, Spain, Sweden, Switzerland), the United Kingdom and the United States. The book provides a practical study of the various court systems throughout the world and problems and consequences of commercial litigation, along with a thoughtful analysis of proposed solutions.

Discovery Management

Discovery Management
Author: James S. Kakalik
Publisher: RAND Corporation
Total Pages: 192
Release: 1998
Genre: Law
ISBN:

The Civil Justice Reform Act of 1990 (CJRA) required that each federal district court develop a case management plan to reduce costs and delay. The legislation also created a pilot program to test six principles of case management and required an independent evaluation to assess their effects. After the main evaluation report was completed, the Advisory Committee on Civil Rules of the Judicial Conference of the United States asked RAND to conduct further analyses of the CJRA evaluation data to see if additional light could be shed on discovery management. _

Fixing Superfund

Fixing Superfund
Author: Lloyd S. Dixon
Publisher: RAND Corporation
Total Pages: 116
Release: 1994
Genre: History
ISBN:

Focuses on the possible effect of the proposed Superfund Reform Act of 1994 on transaction costs resulting not from cleanup but from assigning liability for cleanup among the various parties.

Courts, Justice, and Efficiency

Courts, Justice, and Efficiency
Author: Hector Fix-Fierro
Publisher: Bloomsbury Publishing
Total Pages: 280
Release: 2004-01-06
Genre: Law
ISBN: 1847310559

This study explores the socio-legal context of economic rationality in the legal and judicial systems. It examines the meaning and relevance of the concept of efficiency for the operation of courts and court systems,seeking to answer questions such as: in what sense can we say that the adjudicative process works efficiently? What are the relevant criteria for the measurement and assessment of court efficiency? Should the courts try to operate efficiently and to what extent is this viable? What is the proper relationship between 'efficiency' and 'justice' considerations in a judicial proceeding? To answer these questions, a conceptual framework is developed on the basis of empirical studies and surveys carried out mainly in the United States, Western Europe and Latin America. Two basic ideas emerge from it. First, economic rationality has penetrated the legal and judicial systems at all levels and dimensions, from the level of society as a whole to the day-to-day operation of the courts, from the institutional dimension of adjudication to the organizational context of judicial decisions. Far from being an alien value in the judicial process, efficiency has become an inseparable part of the structure of expectations we place on the legal system. Second, economic rationality is not the prevalent value in legal decision-making, as it is subject to all kinds of constraints, local conditions and concrete negotiations with other values and interests.

RAOP

RAOP
Author:
Publisher:
Total Pages: 456
Release: 1992
Genre: Research
ISBN:

Compensating Permanent Workplace Injuries

Compensating Permanent Workplace Injuries
Author: Mark A. Peterson
Publisher: RAND Corporation
Total Pages: 248
Release: 1998
Genre: Business & Economics
ISBN:

Workers in California experiencing injuries at work that result in permanent partial disabilities (PPD) are eligible to receive compensation. The workers' benefits, doctors' and attorneys' fees, and the system that processes the hundreds of thousands of annual claims cost employers billions of dollars each year. This report evaluates the workers' compensation system by examining its efficiency and the adequacy and equity of its benefits, and suggests system reforms. The authors conducted interviews with system participants and found that the system is still troubled by many of the same problems that plagued it before the 1989 and 1993 reforms. It remains overly costly, complex, and litigious while delivering modest benefits. The authors estimated the wage losses of PPD claimants in 1991-93, and found that even after five years, the injured workers earned considerably less than controls. In addition, injured workers experience considerable time out of work, not just immediately after the injury, but also after the initial return to work. The authors identified particular problems among claims categorized by the workers' compensation system as "minor," the vast majority of claims. For this group, wage replacement rates were lowest. Reform proposals include an elective fast track to streamline claims processing, and a revision to the disability rating schedule to improve the relationship between wage loss and benefits paid.