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Books > Law > Laws of other jurisdictions & general law > Civil law (general works)
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The Conservative Case for Class Actions (Paperback)
Loot Price: R907
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The Conservative Case for Class Actions (Paperback)
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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.
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