Report of the Advisory Committee on Civil Rules and the Working Group on Mass Torts to the Chief Justice of the United States and to the Judicial Conference of the United States PDF Download
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Author: Judicial Conference of the United States. Advisory Committee on Civil Rules Publisher: ISBN: Category : Class actions (Civil procedure) Languages : en Pages : 84
Book Description
Does not include the Appendices in the full report of the same title.
Author: Judicial Conference of the United States. Advisory Committee on Civil Rules Publisher: ISBN: Category : Class actions (Civil procedure) Languages : en Pages : 84
Book Description
Does not include the Appendices in the full report of the same title.
Author: Judicial Conference of the United States. Advisory Committee on Civil Rules Publisher: ISBN: Category : Class actions (Civil procedure) Languages : en Pages : 828
Author: Judicial Conference of the United States. Working Group on Mass Torts Publisher: ISBN: Category : Class actions (Civil procedure) Languages : en Pages :
Author: Judicial Conference of the United States. Working Group on Mass Torts Publisher: ISBN: Category : Class actions (Civil procedure) Languages : en Pages :
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property Publisher: ISBN: Category : Law Languages : en Pages : 162
Author: Rachael Mulheron Publisher: Cambridge University Press ISBN: 1107043972 Category : Law Languages : en Pages : 475
Book Description
Government, in all of its guises, plays a significant, controversial, and sometimes hidden, role in class actions reform and litigation.
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: Peter Cane Publisher: OUP Oxford ISBN: 019163543X Category : Law Languages : en Pages : 1112
Book Description
The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.
Author: Hans-W. Micklitz Publisher: Bloomsbury Publishing ISBN: 1849468923 Category : Law Languages : en Pages : 502
Book Description
This insightful book considers the phenomenon of the transformation of enforcement in European economic law while adopting a distinct global perspective. The editors identify and respond to the need for reflection on transformation processes in the area of enforcement by bringing together the leading international and European scholars in a variety of disciplines to share and compare experiences and learning in different areas of law. Rooted in a wide and regulatory understanding of enforcement, this book showcases the transformation of enforcement with reference to both European economic law (especially transnational commercial law, competition law, intellectual property law, consumer law) and to the current context of significant global economic challenges. Comparative perspectives facilitate the formation of a holistic perspective on enforcement that reaches beyond distinct theoretical accounts, political agendas, regulatory systems, institutional patterns, particular remedies, industry sectors, and stakeholder perspectives. As the first comprehensive and comparative analysis of the enforcement of European economic law that reaches beyond closely confined areas of law, it constitutes a crucial contribution to the theoretical and policy questions of how to design a coherent European enforcement architecture in accordance with essential principles and objectives of the EU economic order This unique study will have broad appeal. By exploring enforcement transformations from a legal and a cross-disciplinary perspective, it will be essential reading for scholars, practitioners and policymakers from different disciplines.
Author: Rachael Mulheron Publisher: Bloomsbury Publishing ISBN: 1847310966 Category : Law Languages : en Pages : 616
Book Description
Multi-party litigation is a world-wide legal process, and the class action device is one of its best-known manifestations. As a means of providing access to justice and achieving judicial economies, the class action is gaining increasing endorsement - particularly given the prevalence of mass consumerism of goods and services, and the extent to which the activities and decisions of corporations and government bodies can affect large numbers of people. The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. While the United States model is the most longstanding, there have now been sufficient judicial determinations under each of the studied jurisdictions to provide a constructive basis for comparison. In the context of the drafting and application of a workable class action framework, it is apparent that similar problems have been confronted across these jurisdictions, which in turn promotes a search for assistance in the experience and legal analysis of others. The book is presented in three Parts. The first Part deals with the class action concept and its alternatives, and also discusses and critiques the stance of England where the introduction of the opt-out class action model has been opposed. The second Part focuses upon the various criteria and factors governing commencement of a class action (encompassing matters such as commonality, superiority, suitability, and the class representative). Part 3 examines matters pertaining to conduct of the action itself (such as becoming a class member, notice requirements, settlement, judgments, and costs and fees). The book is written to have practical utility for a wide range of legal practitioners and professionals, such as: academics and students of comparative civil procedure and multi-party litigation; litigation lawyers who may use the reference materials cited to the benefit of their own class action clients; and those charged with law reform who look to adopt the most workable (and avoid the unworkable) features in class action models elsewhere.
Author: Judicial Conference of the United States. Advisory Committee on Civil Rules
Author: Judicial Conference of the United States. Advisory Committee on Civil Rules
Author: Judicial Conference of the United States. Working Group on Mass Torts
Author: Judicial Conference of the United States. Working Group on Mass Torts
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property
Author: Rachael Mulheron
Author: Deborah R. Hensler
Author: Peter Cane
Author: Hans-W. Micklitz
Author: Rachael Mulheron
Author: Judicial Conference of the United States. Advisory Committee on Civil Rules