Author: Brian T. Fitzpatrick
Publisher: University of Chicago Press
ISBN: 0226816737
Category : Law
Languages : en
Pages : 282
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Book Description
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.
Author: Brian T. Fitzpatrick
Publisher: University of Chicago Press
ISBN: 022665947X
Category : Law
Languages : en
Pages : 282
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Book Description
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.
Author: Brian T. Fitzpatrick
Publisher: University of Chicago Press
ISBN: 022665933X
Category : Law
Languages : en
Pages : 283
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Book Description
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.
Author: Phyllis Schlafly
Publisher: Simon and Schuster
ISBN: 1621576302
Category : Biography & Autobiography
Languages : en
Pages : 272
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Book Description
A book to challenge the status quo, spark a debate, and get people talking about the issues and questions we face as a country!
Author: Stephen C. Yeazell
Publisher: University of Chicago Press
ISBN: 022654642X
Category : Law
Languages : en
Pages : 144
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Book Description
Some describe civil litigation as little more than a drag on the economy; Others hail it as the solution to most of the country’s problems. Stephen C. Yeazell argues that both positions are wrong. Deeply embedded in our political and economic systems, civil litigation is both a system for resolving disputes and a successful business model, a fact that both its opponents and its fans do their best to conceal. Lawsuits in a Market Economy explains how contemporary civil litigation in the United States works and how it has changed over the past century. The book corrects common misconceptions—some of which have proved remarkably durable even in the face of contrary evidence—and explores how our constitutional structure, an evolving economy, and developments in procedural rules and litigation financing systems have moved us from expecting that lawsuits end in trial and judgments to expecting that they will end in settlements. Yeazell argues that today’s system has in some ways overcome—albeit inconsistently—disparities between the rich and poor in access to civil justice. Once upon a time, might regularly triumphed over right. That is slightly less likely today—even though we continue to witness enormous disparities in wealth and power. The book concludes with an evaluation of recent changes and their possible consequences.
Author: John C. Coffee
Publisher: Harvard University Press
ISBN: 0674736796
Category : History
Languages : en
Pages : 318
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Book Description
In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.
Author: Corey Robin
Publisher: Oxford University Press
ISBN: 0190692006
Category : HISTORY
Languages : en
Pages : 353
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Book Description
Now updated to include Trump's election and the rise of global populism, Corey Robin's 'The Reactionary Mind' traces conservatism back to its roots in the reaction against the French Revolution.
Author: Jonathan Marks
Publisher: Princeton University Press
ISBN: 0691207720
Category : Education
Languages : en
Pages : 248
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Book Description
A conservative college professor's compelling defense of liberal education Not so long ago, conservative intellectuals such as William F. Buckley Jr. believed universities were worth fighting for. Today, conservatives seem more inclined to burn them down. In Let's Be Reasonable, conservative political theorist and professor Jonathan Marks finds in liberal education an antidote to this despair, arguing that the true purpose of college is to encourage people to be reasonable—and revealing why the health of our democracy is at stake. Drawing on the ideas of John Locke and other thinkers, Marks presents the case for why, now more than ever, conservatives must not give up on higher education. He recognizes that professors and administrators frequently adopt the language and priorities of the left, but he explains why conservative nightmare visions of liberal persecution and indoctrination bear little resemblance to what actually goes on in college classrooms. Marks examines why advocates for liberal education struggle to offer a coherent defense of themselves against their conservative critics, and demonstrates why such a defense must rest on the cultivation of reason and of pride in being reasonable. More than just a campus battlefield guide, Let's Be Reasonable recovers what is truly liberal about liberal education—the ability to reason for oneself and with others—and shows why the liberally educated person considers reason to be more than just a tool for scoring political points.
Author: Elizabeth Chamblee Burch
Publisher: Cambridge University Press
ISBN: 1108416977
Category : Business & Economics
Languages : en
Pages : 293
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Book Description
Presenting twenty-two years of multidistrict litigation data, this book exposes a systematic lack of checks and balances in our courts.
Author: Eitan Hersh
Publisher: Scribner
ISBN: 1982116781
Category : Political Science
Languages : en
Pages : 288
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Book Description
A brilliant condemnation of political hobbyism—treating politics like entertainment—and a call to arms for well-meaning, well-informed citizens who consume political news, but do not take political action. Who is to blame for our broken politics? The uncomfortable answer to this question starts with ordinary citizens with good intentions. We vote (sometimes) and occasionally sign a petition or attend a rally. But we mainly “engage” by consuming politics as if it’s a sport or a hobby. We soak in daily political gossip and eat up statistics about who’s up and who’s down. We tweet and post and share. We crave outrage. The hours we spend on politics are used mainly as pastime. Instead, we should be spending the same number of hours building political organizations, implementing a long-term vision for our city or town, and getting to know our neighbors, whose votes will be needed for solving hard problems. We could be accumulating power so that when there are opportunities to make a difference—to lobby, to advocate, to mobilize—we will be ready. But most of us who are spending time on politics today are focused inward, choosing roles and activities designed for our short-term pleasure. We are repelled by the slow-and-steady activities that characterize service to the common good. In Politics Is for Power, pioneering and brilliant data analyst Eitan Hersh shows us a way toward more effective political participation. Aided by political theory, history, cutting-edge social science, as well as remarkable stories of ordinary citizens who got off their couches and took political power seriously, this book shows us how to channel our energy away from political hobbyism and toward empowering our values.
