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 understanding the potential impact of new legal instruments; and global lawyers who litigate transnationally.
Contents:1. The Global Landscape of Collective LitigationDeborah R. Hensler2. The Culture of Collective Litigation: A Comparative AnalysisByron Stier and Ianika Tzankova3. Smoke Signals from the South: The Unanticipated Effects of an 'Unsuccesful' Litigation on Brazil's Anti-Tobacco WarsManuel A. Gomez4. Using Associations as a Vehicle for Class Action: The Case of TaiwanKuo-Chang Huang5. The Promise and Peril of Media and Culture: The Toyota Unintended Acceleration Litigation and the Gulf Coast Claims Facility in the United StatesByron Stier6. Collective Redress in Vie d'Or: A Reflection on a European Cultural PhenomenonIanika Tzankova7. Economic EnablersCamille Cameron, Jasminka Kalajdzic and Alon Klement 8. A Class Action 'Mash-Up': In Re Royal Dutch/Shell Transport Securities LitigationDeborah R. Hensler9. Litigation as 'Core Business': Analyzing the Access to Justice and Regulatory Dimensions of Commercially Funded Class Actions in AustraliaCamille Cameron10. The Class Attorney - An Agent Without a Principle: The Israeli Case of Shemesh V. ReichartAlon Klement11. The Engine that Drives: Fees, Costs and the Canadian Class ActionJasminka Kalajdzic12. The Public Dimension of Private Collective Litigation: A Comparative AnalysisDeborah R, Hensler and Elizabeth Thornburg13. Litigation Without End? The Deutsche Telekom Case and the German Approach to Private Enforcement of Securities LawAxel Halfmeier14. The L&H Case: Belgium's Internet Bubble StoryStefaan Voet15. Parallel Public and Private Responses: The Buncefield ExplosionNaomi Creutzfeldt and Christopher Hodges 16. Public as Private and Private as Public: MTBE Litigation in the United StatesElizabeth Thornburg17. Self-Interested Gatekeeping? Clashes Between Public and Private Enforcers in two Chilean Class ActionsAgustin Barroilhet18. Class Action in ContextDeborah R. HenslerIndex
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