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The Conservative Case for Class Actions.

The Conservative Case for Class Actions. クラス・アクションのための保守的事例

・ISBN 978-0-226-65933-6 cloth

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電子版あり 大学・学術機関向け電子ブック(eBook)ISBN 978-0-226-65947-3

著者・編者Fitzpatrick, Brian T.,
出版社(U. Chicago Pr., US)
出版年月2019
ページ数272 pp.
言語ENG
ニュース番号<653-1267 653-P2403>

解説

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.