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Author: Deborah R. Hensler Publisher: Rand Corporation ISBN: 0833043943 Category : Law Languages : en Pages : 635
Book Description
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.
Author: Wayne V. McIntosh Publisher: UBC Press ISBN: 0774815981 Category : Law Languages : en Pages : 549
Book Description
Drawing upon insights from law and politics, Multi-Party Litigation outlines the historical development, political design, and regulatory desirability of multi-party litigation strategies in cross-national perspective and describes a battle being fought on multiple fronts by competing interests. By addressing the potential and constraints of litigation, this book offers a comprehensive account of an international issue that will interest students and practitioners of law, politics, and public policy.
Author: Institute of Medicine Publisher: National Academies Press ISBN: 0309053293 Category : Medical Languages : en Pages : 349
Book Description
During the early years of the AIDS epidemic, thousands of Americans became infected with HIV through the nation's blood supply. Because little reliable information existed at the time AIDS first began showing up in hemophiliacs and in others who had received transfusions, experts disagreed about whether blood and blood products could transmit the disease. During this period of great uncertainty, decision-making regarding the blood supply became increasingly difficult and fraught with risk. This volume provides a balanced inquiry into the blood safety controversy, which involves private sexual practices, personal tragedy for the victims of HIV/AIDS, and public confidence in America's blood services system. The book focuses on critical decisions as information about the danger to the blood supply emerged. The committee draws conclusions about what was doneâ€"and recommends what should be done to produce better outcomes in the face of future threats to blood safety. The committee frames its analysis around four critical area: Product treatmentâ€"Could effective methods for inactivating HIV in blood have been introduced sooner? Donor screening and referralâ€"including a review of screening to exlude high-risk individuals. Regulations and recall of contaminated bloodâ€"analyzing decisions by federal agencies and the private sector. Risk communicationâ€"examining whether infections could have been averted by better communication of the risks.
Author: Anne-Maree Farrell Publisher: Cambridge University Press ISBN: 110737569X Category : Law Languages : en Pages : 283
Book Description
How best to manage risk involving multi-valued human biological materials is the overarching theme of this book, which draws on the sourcing and supply of blood as a case study. Blood has ethical, social, scientific and commercial value. This multi-valuing process presents challenges in terms of managing risk, therefore making it ultimately a matter for political responsibility. This is highlighted through an examination of the circumstances that led to HIV blood contamination episodes in the US, England and France, as well as their consequences. The roles of scientific expertise and innovation in managing risks to the blood system are also analysed, as is the increased use of precautionary and legal strategies in the post-HIV blood contamination era. Finally, consideration is given to a range of policy and legal strategies that should underpin effective risk governance involving multi-valued human biological materials.
Author: Mark Herrmann Publisher: Oxford University Press, USA ISBN: 0199734941 Category : Law Languages : en Pages : 539
Book Description
In Drug and Device Product Liability Litigation Strategy, Mark Herrmann and David B. Alden provide useful practice pointers and overall strategic guidance for attorneys in product liability litigation involving prescription drugs and medical devices.
Author: Christopher Hodges Publisher: Edward Elgar Publishing ISBN: 178254691X Category : Law Languages : en Pages : 336
Book Description
Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.
Author: United States. Department of Justice. Office of Legal Counsel Publisher: ISBN: Category : Conflict of interests Languages : en Pages : 522
Book Description
Consisting of selected memorandum opinions advising the President of the United States, the Attorney General, and other executive officers of the Federal Government in relation to their official duties.