The Recognition of Class Actions and Public Interest Actions in South African Law

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Author :
Publisher : Commission
ISBN 13 :
Total Pages : 144 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Recognition of Class Actions and Public Interest Actions in South African Law by : South African Law Commission

Download or read book The Recognition of Class Actions and Public Interest Actions in South African Law written by South African Law Commission and published by Commission. This book was released on 1998 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Public Interest Litigation in South Africa

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Author :
Publisher :
ISBN 13 : 9781485128168
Total Pages : 436 pages
Book Rating : 4.1/5 (281 download)

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Book Synopsis Public Interest Litigation in South Africa by : Jason Brickhill

Download or read book Public Interest Litigation in South Africa written by Jason Brickhill and published by . This book was released on 2018-08-31 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Interest Litigation in South Africa offers grounded accounts - by leaders in the field - of the campaigns, cases, and causes that have defined key areas of public interest litigation in the country since the constitutional transition. The authors share their perspectives on the struggles led by people, communities, activists, and civil society organisations to realise the vision of the Constitution. The book shares the legal narratives of those particular struggles in the hope that this will contribute to the broader continuous struggle for social justice. Part One of the book considers the history of public interest litigation, the public interest sector today, public interest litigation in the context of international law, the ethics and politics of public interest litigation, and procedure. Part Two addresses public interest litigation in key areas of law: property rights, gender, basic services, health care, LGBTI equality, children's rights, basic education, freedom of expression, access to information, and prisoners' rights. Public Interest Litigation in South Africa seeks to share more of the stories of what has been achieved in the courts, beyond the well-trodden, landmark appellate decisions, as a contribution to informed and critical engagement.

Class Actions and Government

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Publisher : Cambridge University Press
ISBN 13 : 1107043972
Total Pages : 475 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Class Actions and Government by : Rachael Mulheron

Download or read book Class Actions and Government written by Rachael Mulheron and published by Cambridge University Press. This book was released on 2020-04-02 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government, in all of its guises, plays a significant, controversial, and sometimes hidden, role in class actions reform and litigation.

Many Roads to Justice

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Publisher :
ISBN 13 :
Total Pages : 384 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Many Roads to Justice by : Mary E. McClymont

Download or read book Many Roads to Justice written by Mary E. McClymont and published by . This book was released on 2000 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to convey some of the challenges that those wielding the law for social change purposes have faced and the successes they have achieved. By intention, it is more a studied appreciation than a critical analysis of their efforts. We asked an international team of consultants to help us document and describe how various law-based strategies have worked in very different settings, to draw out connections between those efforts, and to highlight some of the insights that emerge from grantees' experiences in law-related work. We also asked them to help us learn more about the ways the Foundation has played a role in these efforts. Known as the Global Law Programs Learning Initiative (GLPLI), this effort is not definitive, but rather suggestive. Our goal is to contribute to more serious future reflection and, ultimately, more effective programs in this field.

Proportionality in Action

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Publisher : Cambridge University Press
ISBN 13 : 1108497586
Total Pages : 689 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Proportionality in Action by : Mordechai Kremnitzer

Download or read book Proportionality in Action written by Mordechai Kremnitzer and published by Cambridge University Press. This book was released on 2020-04-30 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.

The Class Action in Common Law Legal Systems

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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 Cambridge Handbook of Class Actions

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Publisher : Cambridge University Press
ISBN 13 : 1108801587
Total Pages : pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Cambridge Handbook of Class Actions by : Brian T. Fitzpatrick

Download or read book The Cambridge Handbook of Class Actions written by Brian T. Fitzpatrick and published by Cambridge University Press. This book was released on 2021-02-18 with total page 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.

Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law

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Author :
Publisher : Springer
ISBN 13 : 3319900684
Total Pages : 558 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law by : Marie Mercat-Bruns

Download or read book Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law written by Marie Mercat-Bruns and published by Springer. This book was released on 2018-06-30 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.

Competition Law in South Africa

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403544120
Total Pages : 419 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Competition Law in South Africa by : Precious N. Ndlovu

Download or read book Competition Law in South Africa written by Precious N. Ndlovu and published by Kluwer Law International B.V.. This book was released on 2022-06-20 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in South Africa covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in South Africa will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.

The Modern Cy-près Doctrine

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Publisher : Routledge
ISBN 13 : 113539265X
Total Pages : 400 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis The Modern Cy-près Doctrine by : Rachael Mulheron

Download or read book The Modern Cy-près Doctrine written by Rachael Mulheron and published by Routledge. This book was released on 2016-04-08 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is unusual, in the precise world of law, to find instances of where ‘near enough is good enough’. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-près doctrine. The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out ‘as nearly as possible’. Over the past thirty years, this doctrine has marched into other legal territory where ‘as near as possible’ is also considered sufficient, such as in class actions litigation and under non-charitable trusts. Discussing and analyzing key developments across the Commonwealth jurisdictions and the USA, this book considers whether there is a new and overarching definition which can be attributed to the cy-près doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of ‘cy-près law’ in the modern context and whether the doctrine can be expected to play an even greater role in the future. This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.

Class Actions and Other Multi-party Litigation in a Nutshell

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Author :
Publisher :
ISBN 13 : 9781647089160
Total Pages : pages
Book Rating : 4.0/5 (891 download)

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Book Synopsis Class Actions and Other Multi-party Litigation in a Nutshell by : Robert H. Klonoff

Download or read book Class Actions and Other Multi-party Litigation in a Nutshell written by Robert H. Klonoff and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Completely revised and up to date. Thoroughly covers federal class actions and other multi-party litigation, including case law, applicable rules and statutes, and important secondary sources. Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, opt-out rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, ethical issues, ADR, and third-party financing. Also contains a special focus on securities, mass tort, and employment discrimination class actions, as well as treatment of federal multidistrict litigation, defendant class actions, bankruptcy, joinder devices under the Federal Rules of Civil Procedure, and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions. This latest edition also contains a detailed treatment of the 2018 amendments to the federal class action rule."--

SLAPPs

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Publisher : Temple University Press
ISBN 13 : 9781566393690
Total Pages : 300 pages
Book Rating : 4.3/5 (936 download)

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Book Synopsis SLAPPs by : George William Pring

Download or read book SLAPPs written by George William Pring and published by Temple University Press. This book was released on 1996 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a democracy that for over 200 years has prided itself on public participation and citizen involvement in government, thousands have been and will be the targets of multi-million-dollar lawsuits. They will be sued for such "all-American" activities as circulating a petition, writing a letter to the editor, testifying at a public hearing, reporting violations of the law, filing an official complaint, lobbying for legislation, or otherwise communicating their views. Such cases, named "Strategic Lawsuits Against Public Participation," with their apropos acronym, SLAPPs, are a shocking abuse of one of our most basic political rights - the Right to Petition. So extensive and grievous is the phenomenon that Justice Nicholas Colabella remarked, "Short of a gun to the head, a greater threat to First Amendment expression can scarcely be imagined."George W. Pring and Penelope Canan explore the full range of SLAPP stories in this first study of SLAPPs - retaliatory lawsuits by real estate developers; teachers; police; politicians; opponents of civil rights; consumers' rights; women's rights; and many others. This comprehensive book examines what happens to the targets of SLAPPs and what is happening to public participation in American politics. Addressing the ultimate dilemma - what can be done to turn the tables and fight back - Pring and Canan offer concrete, well-supported, balanced solutions for preventing, managing, and curing SLAPPs at all levels of government. Author note: George W. Pring is Professor of Law at the University of Denver. >P>Penelope Canan is Associate Professor of Sociology at the University of Denver. They are the co-directors of the Political Litigation Project at the University of Denver.

Multi-Party Litigation

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Publisher : UBC Press
ISBN 13 : 0774858788
Total Pages : 297 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Multi-Party Litigation by : Wayne V. McIntosh

Download or read book Multi-Party Litigation written by Wayne V. McIntosh and published by UBC Press. This book was released on 2010-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

World Class Actions

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Publisher : Oxford University Press
ISBN 13 : 0199750211
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 2012-08-03 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt: Class action and other group litigation procedures are increasingly being adopted in jurisdictions throughout the world, as more countries deal with the realities of increased globalization and access to information. As a result, attorneys and their clients face the ever-expanding prospect of a class or group action outside their home jurisdictions. World Class Actions: A Guide to Group and Representative Actions around the Globe is a guide for attorneys and their clients on the procedures available for class, group, and representative actions throughout the world. It helps lawyers navigate and develop strategies for litigation and risk management in the course of doing business abroad, or even in doing business locally in a way that impacts interests abroad. 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. Part II provides guidance from the perspective of international attorneys practicing in foreign jurisdictions and the art of counseling and representing clients in international litigation. It also covers a variety of topics related to transnational, multi-jurisdictional, and class or collective actions that involve international issues and interests. Each chapter offers practice tips and cultural insights helpful to an attorney or litigant facing a dispute in a particular part of the world. Many of the chapters introduce key books, treatises, articles, or other reference materials to foster further research. Its focus on international class and group litigation law from a practitioner's perspective makes World Class Actions an essential guide for the lawyer or client.

Globalization of Food Systems in Developing Countries

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Publisher : Food & Agriculture Org.
ISBN 13 : 9789251052280
Total Pages : 316 pages
Book Rating : 4.0/5 (522 download)

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Book Synopsis Globalization of Food Systems in Developing Countries by : Food and Agriculture Organization of the United Nations

Download or read book Globalization of Food Systems in Developing Countries written by Food and Agriculture Organization of the United Nations and published by Food & Agriculture Org.. This book was released on 2004 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes papers and case studies presented at a FAO workshop held in Rome, Italy from 8 to 10 October 2003

Business and Human Rights

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Publisher : SAGE Publications Pvt. Limited
ISBN 13 : 9788132111399
Total Pages : 0 pages
Book Rating : 4.1/5 (113 download)

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Book Synopsis Business and Human Rights by : Manoj Kumar Sinha

Download or read book Business and Human Rights written by Manoj Kumar Sinha and published by SAGE Publications Pvt. Limited. This book was released on 2013-11-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 21st century, one of the most noteworthy changes in the human rights debate relates to the increased recognition of the link between business and human rights. This book is an attempt to explore this relationship and also to look into the obligations of the state and transnational corporations in the promotion of human rights. Business and Human Rights discusses how globalization has affected individuals in the enjoyment of their human rights in relation to the activities of corporations. The book addresses what additional steps the states should take to protect against human rights abuses by business enterprises that are owned or controlled by the state. Moreover, it covers, in depth, the role and contribution of the United Nations in business and human rights. The book includes several real-life case studies to help the readers understand the topics discussed.

World Class Actions

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Author :
Publisher : Oxford University Press, USA
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, USA. 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.