The Class Action in Common Law Legal Systems

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310966
Total Pages : 616 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Class Action in Common Law Legal Systems by : Rachael Mulheron

Download or read book The Class Action in Common Law Legal Systems written by Rachael Mulheron and published by Bloomsbury Publishing. This book was released on 2004-11-15 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Class Action in Common Law Legal Systems

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Author :
Publisher :
ISBN 13 : 9781472563156
Total Pages : pages
Book Rating : 4.5/5 (631 download)

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Book Synopsis The Class Action in Common Law Legal Systems by : Rachael P. Mulheron

Download or read book The Class Action in Common Law Legal Systems written by Rachael P. Mulheron and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Litigating in America

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Publisher : Aspen Publishing
ISBN 13 : 1454819030
Total Pages : 322 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Litigating in America by : Stephen N. Subrin

Download or read book Litigating in America written by Stephen N. Subrin and published by Aspen Publishing. This book was released on 2015-02-09 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed to introduce American civil litigation and process to a wide audience: foreign LL.M. students, beginning American law students, undergraduates interested in law, and foreign lawyers, judges, and law professors. This succinct new paperback Litigating in America: Civil Procedure in Context explains the institutional bases and legal meaning of our procedural system, and captures American civil process at a time of change. It presents American civil procedure from several vantage points: the procedural doctrine that has evolved over time; the practical implications of that doctrine; the social context in which the doctrine grew, is used and abused; and the global context of how other systems may have made different choices. It is an excellent supplement to any casebook.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

World Class Actions

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199730245
Total Pages : 854 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis World Class Actions by : Paul G. Karlsgodt

Download or read book World Class Actions written by Paul G. Karlsgodt and published by Oxford University Press. This book was released on 2012-09-13 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I of the book provides a jurisdiction-by-jurisdiction survey of the class action, group, collective, derivative, and other representative action procedures available across the globe. Each chapter is written from a local perspective, by an attorney familiar with the laws, best practices, legal climate, and culture of the jurisdiction.

The American Legal System for Foreign Lawyers

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Publisher : Aspen Publishing
ISBN 13 : 1454823909
Total Pages : 626 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis The American Legal System for Foreign Lawyers by : Eldon Reiley

Download or read book The American Legal System for Foreign Lawyers written by Eldon Reiley and published by Aspen Publishing. This book was released on 2014-11-12 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Heavily classroom-tested by the authors and other instructors, this powerful teaching tool puts an emphasis on vocabulary and solid learning aids to introduce the American legal system to foreign law students. Focusing on constitutional law, the authors provide in-depth coverage of major issues such as the health care mandate, Arizona immigration law, the Defense of Marriage Act, affirmative action, the Supreme Court citation on international authority and more. The American Legal System for Foreign Lawyers uses contract law to show the continued development of common law and considers the role and function of judges, characterizing the differences between common and civil law. Other important issues are highlighted such as the differences between judicial review of legislation under constitutional challenge, judicial interpretation of statutes, and judicial development and application of common law contract and property law principles. Interesting cases and solid case-reading coverage combine with tables, graphical material, and glossaries to help students grasp United States law. Features of The American Legal System for Foreign Lawyers: Heavily class-room tested by the authors and other instructors In-depth coverage of major issues Health Care Mandate Arizona immigration law Defense of Marriage Act Absorption of the Second Amendment Affirmative Action Supreme Court citation on international authority Uses contract law to show continued development of common law Considers the role and function of judges, characterizing the differences between common and civil law Highlights important differences judicial review of legislation under constitutional challenge judicial interpretation of statutes judicial development and application of common law contract and property law principles Teaching and learning aids tables charts and graphical materials chapter and whole book glossaries Interesting cases and coverage of case-reading

Wholesale Justice

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Author :
Publisher :
ISBN 13 : 9780804752749
Total Pages : 0 pages
Book Rating : 4.7/5 (527 download)

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Book Synopsis Wholesale Justice by : Martin H. Redish

Download or read book Wholesale Justice written by Martin H. Redish and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the first comprehensive effort to view the modern class action through the lenses of American constitutional and political theory, this book contends that the procedural device needs to be substantially modified to prevent it from violating key constitutional and democratic precepts.

Individual Justice in Mass Tort Litigation

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Publisher :
ISBN 13 :
Total Pages : 402 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Individual Justice in Mass Tort Litigation by : Jack B. Weinstein

Download or read book Individual Justice in Mass Tort Litigation written by Jack B. Weinstein and published by . This book was released on 1995 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documenting a prominent jurist's efforts, a collection of case studies examines his successes with Vietnam veteran exposure to Agent Orange, asbestos, and DES and repetitive stress syndrome, describes current legal attitudes, and recommends compassionate alternatives.

Collective Actions in Europe

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Publisher : Springer Nature
ISBN 13 : 3030242226
Total Pages : 122 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Collective Actions in Europe by : Csongor István Nagy

Download or read book Collective Actions in Europe written by Csongor István Nagy and published by Springer Nature. This book was released on 2019-08-19 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.

Civil Procedure

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Author :
Publisher : Thomson West
ISBN 13 :
Total Pages : 256 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Civil Procedure by : Samuel Issacharoff

Download or read book Civil Procedure written by Samuel Issacharoff and published by Thomson West. This book was released on 2005 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book examines the overall structure of public dispute resolution through six basic concepts: rudimentary fairness and the trade-off between equity and efficiency; defining the parameters of a dispute in terms of the presentation of issues and the obtaining of information; defining the scope of the dispute in terms of parties, particularly as the judicial system confronts increasingly complex litigation; defining the power of the courts; securing finality; and the costs of procedure."--Publisher's website.

A Practitioner's Guide to Class Actions

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Publisher : American Bar Association
ISBN 13 : 9781604429558
Total Pages : 1412 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis A Practitioner's Guide to Class Actions by : Marcy Hogan Greer

Download or read book A Practitioner's Guide to Class Actions written by Marcy Hogan Greer and published by American Bar Association. This book was released on 2010 with total page 1412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Complete with a state-by-state analysis of the ways in which the class action rules differ from the Federal Rule of Civil Procedure 23, this comprehensive guide provides practitioners with an understanding of the intricacies of a class action lawsuit. Multiple authors contributed to the book, mainly 12 top litigators at the premiere law firm of Fulbright and Jaworski, L.L.P.

The Case for an International Court of Civil Justice

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Author :
Publisher :
ISBN 13 : 1107162858
Total Pages : 257 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Case for an International Court of Civil Justice by : Maya Steinitz

Download or read book The Case for an International Court of Civil Justice written by Maya Steinitz and published by . This book was released on 2019 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative.

Mass Torts in a World of Settlement

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Publisher : University of Chicago Press
ISBN 13 : 0226567621
Total Pages : 348 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Mass Torts in a World of Settlement by : Richard A. Nagareda

Download or read book Mass Torts in a World of Settlement written by Richard A. Nagareda and published by University of Chicago Press. This book was released on 2008-09-15 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The traditional definition of torts involves bizarre, idiosyncratic events where a single plaintiff with a physical impairment sues the specific defendant he believes to have wrongfully caused that malady. Yet public attention has focused increasingly on mass personal-injury lawsuits over asbestos, cigarettes, guns, the diet drug fen-phen, breast implants, and, most recently, Vioxx. Richard A. Nagareda’s Mass Torts in a World of Settlement is the first attempt to analyze the lawyer’s role in this world of high-stakes, multibillion-dollar litigation. These mass settlements, Nagareda argues, have transformed the legal system so acutely that rival teams of lawyers operate as sophisticated governing powers rather than litigators. His controversial solution is the replacement of the existing tort system with a private administrative framework to address both current and future claims. This book is a must-read for concerned citizens, policymakers, lawyers, investors, and executives grappling with the changing face of mass torts.

Class Action Dilemmas

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Author :
Publisher : Rand Corporation
ISBN 13 : 0833043943
Total Pages : 635 pages
Book Rating : 4.8/5 (33 download)

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Book Synopsis Class Action Dilemmas by : Deborah R. Hensler

Download or read book Class Action Dilemmas written by Deborah R. Hensler and published by Rand Corporation. This book was released on 2000-08-02 with total page 635 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Telecommunications Law in the Internet Age

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Author :
Publisher : Elsevier
ISBN 13 : 9780080518688
Total Pages : 516 pages
Book Rating : 4.5/5 (186 download)

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Book Synopsis Telecommunications Law in the Internet Age by : Sharon K. Black

Download or read book Telecommunications Law in the Internet Age written by Sharon K. Black and published by Elsevier. This book was released on 2001-10-17 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: For companies in and around the telecommunications field, the past few years have been a time of extraordinary change-technologically and legally. The enacting of the Telecommunications Act of 1996 and the development of international trade agreements have fundamentally changed the environment in which your business operates, creating risks, responsibilities, and opportunities that were not there before. Until now, you'd have had a hard time finding a serious business book that offered any more than a cursory glance at this transformed world. But at last there's a resource you can depend on for in-depth analysis and sound advice. Written in easy-to-understand language, Telecommunications Law in the Internet Age systematically examines the complex interrelationships of new laws, new technologies, and new business practices, and equips you with the practical understanding you need to run your enterprise optimally within today's legal boundaries. * Offers authoritative coverage from a lawyer and telecommunications authority who has been working in the field for over three decades. * Examines telecommunications law in the U.S., at both the federal and state level. * Presents an unparalleled source of information on international trade regulations and their effects on the industry. * Covers the modern telecommunications issues with which most companies are grappling: wireless communication, e-commerce, satellite systems, privacy and encryption, Internet taxation, export controls, intellectual property, spamming, pornography, Internet telephony, extranets, and more. * Provides guidelines for preventing inadvertent violations of telecommunications law. * Offers guidance on fending off legal and illegal attacks by hackers, competitors, and foreign governments. * Helps you do more than understand and obey the law: helps you thrive within it.

Review of Civil Litigation Costs

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Author :
Publisher : The Stationery Office
ISBN 13 : 9780117064034
Total Pages : 388 pages
Book Rating : 4.0/5 (64 download)

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Book Synopsis Review of Civil Litigation Costs by : Great Britain. Ministry of Justice

Download or read book Review of Civil Litigation Costs written by Great Britain. Ministry of Justice and published by The Stationery Office. This book was released on 2010 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.

Report on Class Actions

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Author :
Publisher : Ontario : Ministry of the Attorney General
ISBN 13 :
Total Pages : 324 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Report on Class Actions by : Ontario Law Reform Commission

Download or read book Report on Class Actions written by Ontario Law Reform Commission and published by Ontario : Ministry of the Attorney General. This book was released on 1982 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: