The Conservative Case For Class Actions

Author : Brian T. Fitzpatrick
Publisher : University of Chicago Press
ISBN 13 : 022665947X
Total Pages : 282 pages
Book Rating : 4.73/5 ( download)

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Download or read book The Conservative Case for Class Actions written by Brian T. Fitzpatrick and published by University of Chicago Press. This book was released on 2019-11-01 with total page 282 pages. 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.

Author : Brian T. Fitzpatrick
Publisher : University of Chicago Press
ISBN 13 : 022665933X
Total Pages : 283 pages
Book Rating : 4.36/5 ( download)

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Download or read book The Conservative Case for Class Actions written by Brian T. Fitzpatrick and published by University of Chicago Press. This book was released on 2019-11-01 with total page 283 pages. 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.

Author : Brian T. Fitzpatrick
Publisher : University of Chicago Press
ISBN 13 : 0226816737
Total Pages : 282 pages
Book Rating : 4.39/5 ( download)

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Download or read book The Conservative Case for Class Actions written by Brian T. Fitzpatrick and published by University of Chicago Press. This book was released on 2022-02-19 with total page 282 pages. 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.

Author : Brian T. Fitzpatrick
Publisher :
ISBN 13 : 1108803881
Total Pages : 578 pages
Book Rating : 4.85/5 ( download)

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Download or read book The Cambridge Handbook of Class Actions written by Brian T. Fitzpatrick and published by . This book was released on 2021-02-03 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic activity is more globally integrated than ever before, but so is the scope of corporate misconduct. As more and more people across the world are affected by such malfeasance, the differences in legal redress have become increasingly visible. This transparency has resulted in a growing convergence towards an American model of robust private enforcement of the law, including the class-action lawsuit. This handbook brings together scholars from nearly two dozen countries to describe and assess the class-action procedure (or its equivalent) in their respective countries and, where possible, to offer empirical data on these systems. At the same time, the work presents a variety of multidisciplinary perspectives on class actions, from economics to philosophy, making this handbook an essential resource to academics, lawyers, and policymakers alike.

Author : Corey Robin
Publisher : Oxford University Press
ISBN 13 : 0190692006
Total Pages : 353 pages
Book Rating : 4.01/5 ( download)

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Download or read book The Reactionary Mind written by Corey Robin and published by Oxford University Press. This book was released on 2018 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now updated to include Trump's election and the rise of global populism, Corey Robin's 'The Reactionary Mind' traces conservatism back to its roots in the reaction against the French Revolution.

Author : Anne Bloom
Publisher : Cambridge Studies in Law and Society
ISBN 13 : 1108420249
Total Pages : 403 pages
Book Rating : 4.42/5 ( download)

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Download or read book Injury and Injustice written by Anne Bloom and published by Cambridge Studies in Law and Society. This book was released on 2018-03-15 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the inescapable experience of injury and its implications for social inequality in different cultural settings.

Author : Phyllis Schlafly
Publisher : Simon and Schuster
ISBN 13 : 1621576302
Total Pages : 272 pages
Book Rating : 4.03/5 ( download)

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Download or read book The Conservative Case for Trump written by Phyllis Schlafly and published by Simon and Schuster. This book was released on 2016-09-06 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: A book to challenge the status quo, spark a debate, and get people talking about the issues and questions we face as a country!

Author : John C. Coffee
Publisher : Harvard University Press
ISBN 13 : 0674736796
Total Pages : 318 pages
Book Rating : 4.95/5 ( download)

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Download or read book Entrepreneurial Litigation written by John C. Coffee and published by Harvard University Press. This book was released on 2015-06-08 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.

Author : Jonathan Marks
Publisher : Princeton University Press
ISBN 13 : 0691207720
Total Pages : 248 pages
Book Rating : 4.28/5 ( download)

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Download or read book Let's Be Reasonable written by Jonathan Marks and published by Princeton University Press. This book was released on 2023-01-31 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: A conservative college professor's compelling defense of liberal education Not so long ago, conservative intellectuals such as William F. Buckley Jr. believed universities were worth fighting for. Today, conservatives seem more inclined to burn them down. In Let's Be Reasonable, conservative political theorist and professor Jonathan Marks finds in liberal education an antidote to this despair, arguing that the true purpose of college is to encourage people to be reasonable—and revealing why the health of our democracy is at stake. Drawing on the ideas of John Locke and other thinkers, Marks presents the case for why, now more than ever, conservatives must not give up on higher education. He recognizes that professors and administrators frequently adopt the language and priorities of the left, but he explains why conservative nightmare visions of liberal persecution and indoctrination bear little resemblance to what actually goes on in college classrooms. Marks examines why advocates for liberal education struggle to offer a coherent defense of themselves against their conservative critics, and demonstrates why such a defense must rest on the cultivation of reason and of pride in being reasonable. More than just a campus battlefield guide, Let's Be Reasonable recovers what is truly liberal about liberal education—the ability to reason for oneself and with others—and shows why the liberally educated person considers reason to be more than just a tool for scoring political points.

Author : Stephen C. Yeazell
Publisher : University of Chicago Press
ISBN 13 : 022654642X
Total Pages : 144 pages
Book Rating : 4.21/5 ( download)

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Download or read book Lawsuits in a Market Economy written by Stephen C. Yeazell and published by University of Chicago Press. This book was released on 2018-05-04 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some describe civil litigation as little more than a drag on the economy; Others hail it as the solution to most of the country’s problems. Stephen C. Yeazell argues that both positions are wrong. Deeply embedded in our political and economic systems, civil litigation is both a system for resolving disputes and a successful business model, a fact that both its opponents and its fans do their best to conceal. Lawsuits in a Market Economy explains how contemporary civil litigation in the United States works and how it has changed over the past century. The book corrects common misconceptions—some of which have proved remarkably durable even in the face of contrary evidence—and explores how our constitutional structure, an evolving economy, and developments in procedural rules and litigation financing systems have moved us from expecting that lawsuits end in trial and judgments to expecting that they will end in settlements. Yeazell argues that today’s system has in some ways overcome—albeit inconsistently—disparities between the rich and poor in access to civil justice. Once upon a time, might regularly triumphed over right. That is slightly less likely today—even though we continue to witness enormous disparities in wealth and power. The book concludes with an evaluation of recent changes and their possible consequences.