WHOLESALE JUSTICE by Martin H. Redish ( 9780804752749 ) - Books & Audio Books at Pickabook.co.uk

Item Details

Title:

WHOLESALE JUSTICE
CONSTITUTIONAL DEMOCRACY AND THE PROBLEM OF THE CLASS ACTION LAWSUIT

By:

Martin H. Redish

Format:

Hardback

List price:

£125.00

Our price:

£112.50

Discount:

10% off

You save:

£12.50

ISBN 10:

0804752745

ISBN 13:

9780804752749

Availability:

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Stock:

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Publisher:

STANFORD UNIVERSITY PRESS

Pub. date:

20 April, 2009

Pages:

328

Description:

As the first comprehensive effort to view the modern class action through the lenses of American constitutional and political theory, this book contends that the procedural device needs to be substantially modified to prevent it from violating key constitutional and democratic precepts.

Synopsis:

In recent years, much political and legal debate has centered on the class action lawsuit. Many lawyers and judges have noted the intense pressure to settle caused by the very filing of a suit. Some contend that the procedure amounts to a form of judicial blackmail. Others counter that it is an effective means of policing corporate behavior and assuring injured victims' fair compensation. This book represents the first scholarly effort to view the modern class action comprehensively through the lenses of American political and constitutional theory. Redish argues that the modern class action undermines foundational constitutional principles, including procedural due process and separation of powers, and has been improperly transformed from its origins as a complex procedural device into a means for altering controlling substantive law in highly undemocratic ways. Redish proposes an alternative vision of the class action lawsuit, one that is designed to enable the device to serve its valuable procedural purposes without simultaneously contravening core precepts of American constitutional democracy.

Publication:

Imprint:

Stanford University Press

Returns:

Non-returnable

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