The Cambridge Handbook of Class Actions
An International Survey
Part of Cambridge Law Handbooks
- Editors:
- Brian T. Fitzpatrick, Vanderbilt University School of Law
- Randall S. Thomas, Vanderbilt University School of Law
- Date Published: June 2023
- availability: Not yet published - available from October 2024
- format: Paperback
- isbn: 9781009295697
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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.
Read more- The first scholarly work to gather and consolidate data on aggregate litigation from across the globe
- Covers the most active class action jurisdictions, as well as those with unique features, such as the constitutional guarantee in South Africa and the use of arbitration in Brazil
- Discusses who can initiate the class action procedure, in what kinds of cases, and for what types of relief
Reviews & endorsements
'The Cambridge Handbook of Class Actions: An International Survey is distinctive in collecting within a single volume penetrating analyses of developments around the globe bearing on the conduct of class actions and their analogs. This collection is not just a valuable research source, it is a story of how diverse legal cultures have traveled toward a common goal: the efficient and trustworthy resolution of mass claims.' James D. Cox, Brainerd Currie Professor of Law, Duke University
See more reviews'Countries around the world have come to realize that some mechanism for aggregating the similar claims of multiple litigants is crucial for access to justice. Fitzpatrick and Thomas have put together an essential collection of materials on global experimentation - including the US experience - that addresses both the promise and the challenge of finding the right policy balance.' Donald Langevoort, Thomas Aquinas Reynolds Professor of Law, Georgetown Law
'This volume analyzing the development of methods to aggregate cases in courts is itself an impressive aggregation of jurisdictions and perspectives that permits readers to understand the need for the use of class actions and the challenges that multi-party, group-based actions entail.' Judith Resnik, Arthur Liman Professor of Law, Yale Law School
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×Product details
- Date Published: June 2023
- format: Paperback
- isbn: 9781009295697
- length: 575 pages
- dimensions: 253 x 171 x 32 mm
- weight: 1.09kg
- availability: Not yet published - available from October 2024
Table of Contents
1. The U.S. Class Action from a Utilitarian Perspective: Balancing Social Benefits and Social Costs Robert G. Bone
2. Civil Rights, Access to Counsel, and Injunctive Class Actions in the United States Maureen Carroll
3. Class Action Nuisance Suits: Evidence from Frequent Filer Shareholder Plaintiffs Sean J. Griffith
4. The Future of Aggregate Litigation in the United States Robert Klonoff
5. Mandatory Arbitration of Intra-Corporate Disputes in Brazil: A Beacon of Light for Shareholder Litigation? Patricia Gil Lemstra and Joseph A. McCahery
6. Cold Facts from the Great White North: Empirical Truths, Contemporary Challenges and Class Action Reform Jasminka Kalajdzic and Catherine Piché
7. Class Action in Brazil: Overview, Current Trends and Case Studies Carlos Portugal Gouvêa and Helena Campos Refosco
8. English Systems of Multi-Party Litigation Neil Andrews
9. Class Actions in Switzerland Beat Bräendli
10. Class Actions in Belgium Hans De Wulf
11. The New Italian Regulation on Class Actions Paolo Giudici and Beatrice Zuffi
12. Collective Litigation in German Civil Procedure Axel Halfmeier
13. Class Action à la Française Maria José Azar-Baud and Véronique Magnier
14. The Solid Dutch Mechanisms for Collective Settlement C.F. Van der Elst and W.C.T. Weterings
15. The Emergence and Reform of the New Zealand Class Action Nikki Chamberlain and Susan Watson
16. Representative Proceedings in Singapore: Is the Time Ripe for Reform? Eunice Chua
17. Class Action in China: Challenges and Opportunities Robin Hui Huang
18. Class Actions in Australia Michael Legg and Samuel J. Hickey
19. Empirical and Practical Perspectives on 27 Years of Product Liability Class Actions in Australia Julian Schimmel, Maurice Blackburn Lawyers, Nina Abbey and Vincent Morabito
20. Securities Class Actions in Korea Hai Jin Park and Hyeok-Joon Rho
21. A Review of the Current Status of, and Future Issues Facing, Consumer Class Action Systems in Japan Taeko Morita, Daisuke Eguchi, Nishimura and Asahi
22. The Indian Securities Fraud Class Action: Is Class Arbitration the Answer? Brian T. Fitzpatrick and Randall Thomas
23. Class Actions in South Africa: A Need for Certainty Theo Broodryk
24. Class Actions and the Regulatory State – Lessons from Israel Shay Lavie
25. The Israeli Public Class Action Fund: New Approach for Intergrating Business and Social Responsibility Eli Bukspan.
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