The Conservative Case for Class Actions

Author:   Brian T. Fitzpatrick
Publisher:   The University of Chicago Press
ISBN:  

9780226816739


Pages:   272
Publication Date:   19 February 2022
Format:   Paperback
Availability:   In stock   Availability explained
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The Conservative Case for Class Actions


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Full Product Details

Author:   Brian T. Fitzpatrick
Publisher:   The University of Chicago Press
Imprint:   University of Chicago Press
Dimensions:   Width: 15.20cm , Height: 2.30cm , Length: 22.90cm
Weight:   0.367kg
ISBN:  

9780226816739


ISBN 10:   0226816737
Pages:   272
Publication Date:   19 February 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In stock   Availability explained
We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately.

Table of Contents

Acknowledgments Introduction Chapter 1 The Ironic History of Class Actions Chapter 2 The Conservative Case for Regulation Chapter 3 The Conservative Case for Private Enforcement Chapter 4 The Conservative Case against Private Enforcement Chapter 5 Why Private Enforcement Needs Class Actions Chapter 6 Are Class Actions Meritless? Chapter 7 Do Class Action Lawyers Get All the Money? Chapter 8  Do Class Actions Deter Wrongdoing? Chapter 9 The Conservative Class Action  Notes Bibliography Index

Reviews

Fitzpatrick starts from the premise that conservatives and libertarians believe that markets need at least some rules to thrive and that they consider the private sector to be superior to the government in most areas. He argues that 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. * Law & Social Inquiry * Class action litigation has too often, Fitzgerald argues, been seen by conservatives as an example of oppressive law; this book holds that, once reformed, class actions offer the possibility of being among 'the laws we [conservatives] do like.' Indeed, as law religion scholarship argues, conservatives need laws-or, better put, need such a faith in a worldview of law, a faith articulated in this book in relation to class action litigation-in order to maintain belief in the sovereignty of the individual. * Religious Studies Review * Provocative. -- Leonard Leo, former executive vice president, Federalist Society Stunning. -- Erwin Chemerinsky, Dean, University of California Berkeley School of Law Dazzlingly brilliant. -- Ken Starr, former US Solicitor General and Court of Appeals Judge Will undoubtedly contribute to debates in the halls of Congress for years to come. -- John Cornyn, US Senator, Texas


"""Fitzpatrick starts from the premise that conservatives and libertarians believe that markets need at least some rules to thrive and that they consider the private sector to be superior to the government in most areas. He argues that 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."" * Law & Social Inquiry * ""Class action litigation has too often, Fitzgerald argues, been seen by conservatives as an example of oppressive law; this book holds that, once reformed, class actions offer the possibility of being among 'the laws we [conservatives] do like.' Indeed, as law religion scholarship argues, conservatives need laws—or, better put, need such a faith in a worldview of law, a faith articulated in this book in relation to class action litigation—in order to maintain belief in the sovereignty of the individual."" * Religious Studies Review * ""Provocative."" -- Leonard Leo, former executive vice president, Federalist Society ""Stunning."" -- Erwin Chemerinsky, Dean, University of California Berkeley School of Law ""Dazzlingly brilliant."" -- Ken Starr, former US Solicitor General and Court of Appeals Judge ""Will undoubtedly contribute to debates in the halls of Congress for years to come."" -- John Cornyn, US Senator, Texas"


Fitzpatrick starts from the premise that conservatives and libertarians believe that markets need at least some rules to thrive and that they consider the private sector to be superior to the government in most areas. He argues that 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. * Law & Social Inquiry * Provocative. -- Leonard Leo, former executive vice president, Federalist Society Stunning. -- Erwin Chemerinsky, Dean, University of California Berkeley School of Law Dazzlingly brilliant. -- Ken Starr, former US Solicitor General and Court of Appeals Judge Will undoubtedly contribute to debates in the halls of Congress for years to come. -- John Cornyn, US Senator, Texas


Author Information

Brian T. Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School. He graduated first in his class from Harvard Law School and with a degree in Chemical Engineering from the University of Notre Dame. He served as a law clerk to Supreme Court Justice Antonin Scalia and a Special Counsel to US Senator John Cornyn.   

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