The globalization of class actions
In: The annals of the American Academy of Political and Social Science 622.2009
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In: The annals of the American Academy of Political and Social Science 622.2009
In: RAND reprints 109
In: RAND library collection
In: The annals of the American Academy of Political and Social Science, Band 622, Heft 1, S. 7-29
ISSN: 1552-3349
In less than a decade, the number of countries that permit representative litigation by private actors has multiplied dramatically. A minority of these procedures share all the features of the American class action for money damages. But there is a trend toward permitting private individuals and organizations to come forward on behalf of absent parties to obtain injunctive or declaratory relief or monetary compensation in some or all circumstances. Whether these procedures will spread to other countries or within countries to a wide variety of substantive legal matters and whether in particular private actors will be allowed to claim money damages in many or all instances is uncertain. Currently, the key obstacles to effective implementation of class action procedures are traditional legal funding rules that do not easily accommodate the realities of representative litigation.
In: The annals of the American Academy of Political and Social Science, Band 622, S. 7-29
ISSN: 1552-3349
In less than a decade, the number of countries that permit representative litigation by private actors has multiplied dramatically. A minority of these procedures share all the features of the American class action for money damages. But there is a trend toward permitting private individuals and organizations to come forward on behalf of absent parties to obtain injunctive or declaratory relief or monetary compensation in some or all circumstances. Whether these procedures will spread to other countries or within countries to a wide variety of substantive legal matters and whether in particular private actors will be allowed to claim money damages in many or all instances is uncertain. Currently, the key obstacles to effective implementation of class action procedures are traditional legal funding rules that do not easily accommodate the realities of representative litigation. [Reprinted by permission of Sage Publications Inc., copyright The American Academy of Political and Social Science.]
In: The public opinion quarterly: POQ, Band 51, Heft 4, S. 571
ISSN: 1537-5331
In: Public opinion quarterly: journal of the American Association for Public Opinion Research, Band 51, Heft 4, S. 571-579
ISSN: 0033-362X
An examination of a pioneering survey of civil litigation in the US -- the U of Wisconsin Civil Litigation Research Project. Initiated in the late 1970s, the project explored the number of suits brought annually, the nature of disputes that led to insurance claims & court cases, the attitudes of citizens toward legal institutions as a result of their experiences in court, & the role of lawyers in the civil justice system. Data were obtained at various stages from federal & state court records (total N = 2,600 disputes) & interviews with lawyers, individual disputants, & representatives of organizations involved in disputes (total N = 3,853) at 5 sites: Albuquerque, NM, Columbia, SC, Los Angeles, Calif, Milwaukee, Wisc, & Philadelphia, Pa. The survey's methodology is discussed in detail & some fundamental errors are illuminated. Implications for future research on litigation & survey research in general are discussed. 5 References. K. Hyatt
In: Public opinion quarterly: journal of the American Association for Public Opinion Research, Band 51, Heft 4, S. 571
ISSN: 0033-362X
In: American political science review, Band 71, Heft 1, S. 360-362
ISSN: 1537-5943
In: Rand Report
1. R-2341/2. VIII,157 S.,Lit.,Tab.,Diagr. ISBN 0-8330-0163-9; 2. Technical Appendixes. R-2341/3- V,122 S.ISBN 0-8330-0205-8
World Affairs Online
In: The Western political quarterly, Band 27, Heft 4, S. 746
ISSN: 1938-274X
In: Public administration review: PAR, Band 33, Heft 2, S. 188
ISSN: 1540-6210