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Class Actions in Context: How Economics, Politics and Culture Shape Collective Legislation

Edited by: Christopher Hodges, Deborah H. Hensler, Ianika Tzankova

ISBN13: 9781783470433
Published: May 2016
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £127.00

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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.

Courts and Procedure
1. The Global Landscape of Collective LitigationDeborah R. Hensler
2. The Culture of Collective Litigation: A Comparative AnalysisByron Stier and Ianika Tzankova
3. Smoke Signals from the South: The Unanticipated Effects of an 'Unsuccesful' Litigation on Brazil's Anti-Tobacco WarsManuel A. Gomez
4. Using Associations as a Vehicle for Class Action: The Case of TaiwanKuo-Chang Huang
5. The Promise and Peril of Media and Culture: The Toyota Unintended Acceleration Litigation and the Gulf Coast Claims Facility in the United StatesByron Stier
6. Collective Redress in Vie d'Or: A Reflection on a European Cultural PhenomenonIanika Tzankova
7. Economic EnablersCamille Cameron, Jasminka Kalajdzic and Alon Klement
8. A Class Action 'Mash-Up': In Re Royal Dutch/Shell Transport Securities LitigationDeborah R. Hensler
9. Litigation as 'Core Business': Analyzing the Access to Justice and Regulatory Dimensions of Commercially Funded Class Actions in AustraliaCamille Cameron
10. The Class Attorney - An Agent Without a Principle: The Israeli Case of Shemesh V. ReichartAlon Klement
11. The Engine that Drives: Fees, Costs and the Canadian Class ActionJasminka Kalajdzic
12. The Public Dimension of Private Collective Litigation: A Comparative AnalysisDeborah R, Hensler and Elizabeth Thornburg
13. Litigation Without End? The Deutsche Telekom Case and the German Approach to Private Enforcement of Securities LawAxel Halfmeier
14. The L&H Case: Belgium's Internet Bubble StoryStefaan Voet
15. 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 Thornburg
17. Self-Interested Gatekeeping? Clashes Between Public and Private Enforcers in two Chilean Class ActionsAgustin Barroilhet
18. Class Action in ContextDeborah R. Hensler