Wholesale Justice - Constitutional Democracy and the Problem of the Class Action Lawsuit (Hardcover)

In recent years, much political and legal debate has centered on the class action lawsuit. Many lawyers and judges have noted the intense pressure to settle caused by the very filing of a suit. Some contend that the procedure amounts to a form of judicial blackmail. Others counter that it is an effective means of policing corporate behavior and assuring injured victims' fair compensation.
This book represents the first scholarly effort to view the modern class action comprehensively through the lenses of American political and constitutional theory. Redish argues that the modern class action undermines foundational constitutional principles, including procedural due process and separation of powers, and has been improperly transformed from its origins as a complex procedural device into a means for altering controlling substantive law in highly undemocratic ways. Redish proposes an alternative vision of the class action lawsuit, one that is designed to enable the device to serve its valuable procedural purposes without simultaneously contravening core precepts of American constitutional democracy.

General

Imprint:	Stanford University Press
Country of origin:	United States
Release date:	April 2009
First published:	2009
Authors:	Martin H Redish
Dimensions:	229 x 152 x 22mm (L x W x T)
Format:	Hardcover - Cloth / Cloth
Pages:	328
ISBN-13:	978-0-8047-5274-9
Categories:	Books > Law > Laws of other jurisdictions & general law > Civil law (general works) Books > Social sciences > Politics & government > Political structure & processes > Democracy Books > Law > Laws of other jurisdictions & general law > Courts & procedure > General Promotions
LSN:	0-8047-5274-5
Barcode:	9780804752749

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