Class actions in context : how culture, economics and politics shape collective litigation / [edited by] Deborah R. Hensler, Christopher Hodges, Ianika Tzankova.

Format:

Book

Contributor:

Hensler, Deborah R., 1942-

Hodges, Christopher J. S.

Tzankova, I. N. (Ianika N.)

Language:

English

Subjects (All):

Class actions (Civil procedure).

Genre:

Electronic books.

Physical Description:

1 online resource

Place of Publication:

Northampton, MA : Edward Elgar Publishing, Inc., c. 2016.

System Details:

text file

Summary:

In recent years collective litigation procedures have spread across the globe, accompanied by hot controversy and normative debate. Yet virtually nothing is known about how these procedures operate in practice. Based on extensive documentary and interview research, this volume presents the results of the first comparative investigation of class actions and group litigation 'in action'. Produced by a multinational team of legal scholars, this book spans research from ten different countries in the Americas, Europe, Asia and the Middle East, including common law and civil law jurisdictions. The contributors conclude that to understand how class actions work in practice, one needs to know the cultural factors that shape claiming, the financial arrangements that enable or impede litigation and how political actors react when mass claims erupt. Substantive law and procedural rules matter, but culture, economics and politics matter at least as much. This book will be of interest to students and scholars of law, business and politics. It will also be of use to public policy makers looking to respond to mass claims; financial analysts looking to understand the potential impact of new legal instruments; and global lawyers who litigate transnationally.

Contents:

1. The global landscape of collective litigation / Deborah R. Hensler

2. The culture of collective litigation: a comparative analysis / Byron Stier and Ianika Tzankova

3. Smoke signals from the south: the unanticipated effects of an 'unsuccesful' litigation on Brazil's anti-tobacco wars / Manuel A. Gómez

4. Using associations as a vehicle for class action: the case of Taiwan / Kuo-Chang Huang

5. The promise and peril of media and culture: the Toyota unintended acceleration litigation and the Gulf Coast claims facility in the United States / Byron Stier

6. Collective redress in vie d'or: a reflection on a European cultural phenomenon / Ianika Tzankova

7. Economic enablers / Camille Cameron, Jasminka Kalajdzic and Alon Klement

8. A class action 'mash-up': in re Royal Dutch/Shell transport securities litigation / Deborah R. Hensler

9. Litigation as 'Core Business': Analyzing the Access to Justice and Regulatory Dimensions of Commercially Funded Class Actions in Australia Camille Cameron 10. The class attorney

an agent without a principle: the Israeli case of Shemesh V. Reichart / Alon Klement

11. The engine that drives: fees, costs and the Canadian class action / Jasminka Kalajdzic

12. The public dimension of private collective litigation: a comparative analysis / Deborah R. Hensler and Elizabeth Thornburg

13. Litigation without end? the Deutsche Telekom case and the German approach to private enforcement of securities law / Axel Halfmeier

14. The L&H case: Belgium's internet bubble story / Stefaan Voet

15. Parallel public and private responses: the Buncefield explosion / Naomi Creutzfeldt and Christopher Hodges

16. Public as private and private as public: MTBE litigation in the United States / Elizabeth Thornburg

17. Self-interested gatekeeping? clashes between public and private enforcers in two Chilean class actions / Agustin Barroilhet

18. Class action in context / Deborah R. Hensler.

Notes:

Access for three concurrent users only.

Contributors include: A. Barroilhet, C. Cameron, N. Creutzfeldt, M.A. Gomez, A. Halfmeier, D.R. Hensler, C. Hodges, K.-C. Huang, J. Kalajdzic, A. Klement, B. Stier, E. Thornburg, I. Tzankova, S. Voet.

Includes bibliographical references and index.

Description based on print record.

Other Format:

Print version:

ISBN:

9781783470440

1783470445

OCLC:

951161206

Access Restriction:

Restricted for use by site license. Access for three concurrent users only.