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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.
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.
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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