Class actions and government

書誌事項

Class actions and government

Rachael Mulheron

Cambridge University Press, 2020

  • : hardback

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注記

Includes bibliographical references (p. 375-396) and index

内容説明・目次

内容説明

The relationship between class actions and government makes for a nuanced and fascinating study. Government sets the scene by implementing and designing the regime, by choosing whether to act as a seed-funder for the regime, and by deciding to what extent it should regulate the regime against worldwide classes being litigated on its doorstep. It can then become a key player in the litigation itself. Government may be a representative claimant bringing the action, or a class member, or a potential financial beneficiary. Most commonly of all, it may be a defendant, being sued under the very regime which it enacted into law. With numerous opt-out class action regimes around the common law world in place, and others on the horizon, the book takes a comparative perspective throughout, and concludes with a series of recommendations, drawn from that comparative analysis of government's intricate interplay with class actions.

目次

  • 1. Introduction
  • Part I. 'Preparing a Path to the Stadium': 2. Government as class actions enabler
  • 3. Government as class actions designer
  • 4. Government as class actions funder
  • 5. Government as 'gate-keeper': cross-border class actions
  • Part II. 'As a Participant in the Match': 6. Government as representative claimant
  • 7. Government as class member
  • 8. Government as class actions defendant
  • 9. Government as class actions beneficiary
  • 10. Conclusion: levelling the playing field.

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