Class actions in context : how culture, economics and politics shape collective litigation / edited by Deborah R. Hensler, Stanford Law School, USA ; Christopher Hodges, Centre for Socio-Legal Studies and Wolfson College, Oxford, UK ; Ianika Tzankova, University of Tilburg, the Netherlands.
2016
K2243 .C574 2016 (Map It)
Available at Cellar
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Title
Class actions in context : how culture, economics and politics shape collective litigation / edited by Deborah R. Hensler, Stanford Law School, USA ; Christopher Hodges, Centre for Socio-Legal Studies and Wolfson College, Oxford, UK ; Ianika Tzankova, University of Tilburg, the Netherlands.
Published
Cheltenham, UK ; Northampton, MA, USA : Edward Elgar Publishing, [2016]
Copyright
©2016
Call Number
K2243 .C574 2016
ISBN
9781783470433 (cased)
1783470437 (hardback)
9781783470440 (eBook)
1783470437 (hardback)
9781783470440 (eBook)
Description
xiii, 428 pages ; 24 cm
System Control No.
(OCoLC)948562436
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."--Back cover.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Jaffe Fund
Added Author
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Jaffe Fund
Table of Contents
List of contributors
vii
Acknowledgements
x
List of abbreviations
xi
pt. I
INTRODUCTION
1.
global landscape of collective litigation / Deborah R. Hensler
3
pt. II
CULTURE
2.
culture of collective litigation: A comparative analysis / Ianika Tzankova
23
3.
Smoke signals from the south: The unanticipated effects of an `unsuccessful' litigation on Brazil's anti-tobacco war / Manuel A. Gomez
51
4.
Using associations as a vehicle for class action: The case of Taiwan / Kuo-Chang Huang
70
5.
promise and peril of media and culture: The Toyota unintended acceleration litigation and the Gulf Coast Claims Facility in the United States / Byron Stier
93
6.
Collective redress in Vie d'Or: A reflection on a European cultural phenomenon / Ianika Tzankova
117
pt. III
ECONOMICS
7.
Economic enablers / Alon Klement
137
8.
class action `mash-up': In Re Royal Dutch/Shell Transport Securities Litigation / Deborah R. Hensler
170
9.
Litigation as `core business': Analyzing the access to justice and regulatory dimensions of commercially funded class actions in Australia / Camille Cameron
189
10.
class attorney---an agent without a principal: The Israeli case of Shemesh v. Reichart / Alon Klement
212
11.
engine that drives: Fees, costs and the Canadian class action / Jasminka Kalajdzic
232
pt. IV
POLITICS
12.
public dimension of private collective litigation: A comparative analysis / Elizabeth Thornburg
259
13.
Litigation without end? The Deutsche Telekom case and the German approach to private enforcement of securities law / Axel Halfmeier
279
14.
L&H case: Belgium's internet bubble story / Stefaan Voet
299
15.
Parallel public and private responses: The Buncefield explosion / Christopher Hodges
320
16.
Public as private and private as public: MTBE litigation in the United States / Elizabeth Thornburg
342
17.
Self-interested gatekeeping? Clashes between public and private enforcers in two Chilean class actions / Agustin Barroilhet
362
pt. V
CONCLUSION
18.
Class actions in context / Deborah R. Hensler
387
Index
411