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The Globalization of Class Actions (Hardcover)
Loot Price: R3,168
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The Globalization of Class Actions (Hardcover)
Series: The ANNALS of the American Academy of Political and Social Science Series
Expected to ship within 12 - 17 working days
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This groundbreaking volume of The ANNALS provides the first
overview of class action laws and related mechanisms around the
world. It features 30 "country reports" by leading scholars,
describing the adoption, characteristics and consequences to date
of class action and non-class group litigation procedures ranging
across North and Latin America, Australia, Asia and Europe. What
were once seen as singular disputes between individuals (or between
an individual and a corporation) are now viewed increasingly as
group struggles against multinational corporations and other global
institutions. This escalating trend of class actions and group
litigation in private civil court cases extends well beyond the
interest of lawyers. The social, economic, and political
ramifications of permitting class actions are potentially vast-not
just in the United States, but increasingly throughout the world,
as in less than a decade the number of countries that permit
representative litigation by private actors has multiplied
dramatically. The United States has led the way in these
developments. Adopted by the U.S. federal judiciary in 1966, group
litigation made it easier for individuals to come forward to claim
remedies, including money damages, on behalf of large groups of
similarly affected individuals. Class actions dramatically shift
the balance of power between the "haves" and the "have-nots." Yet
as this trend has grown in the United States. and has taken hold
around the globe, little analysis has been done on the costs or
outcomes of group litigation - and even less is known about
litigants' and lawyers' choices to prosecute class actions. There
is impassioned debate over the cost and benefits of class
litigation in the United States. Does it impose costs on economic
factors that are larger than any benefit it creates - thereby
diminishing social welfare? By placing responsibility for social
reform and public policy in the hands of appointed judges or lay
jurors - rather than elected legislators - does it produce outcomes
that are not supported by the majority of citizens? In December
2007, Stanford Law School and the Oxford Centre for Socio-Legal
Studies organized an international conference that studied the
global spread of class actions and group litigation procedures.
Scholars, jurists, and practitioners from around the world gathered
to discuss and debate the use of group litigation procedures and
initiate a research project on the evolution of class actions and
aggregate litigation worldwide. This volume of The ANNALS is one
result of that conference. Students, scholars and policymakers will
find this anthology of reports to be an essential overview,
providing a solid understanding of the effects of class actions
around the globe.
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