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Home > Law > Laws of specific jurisdictions > Legal systems: general > Civil procedure, litigation and dispute resolution > The Law and Economics of Class Actions in Europe: Lessons from America(New Horizons in Law and Economics series)
The Law and Economics of Class Actions in Europe: Lessons from America(New Horizons in Law and Economics series)

The Law and Economics of Class Actions in Europe: Lessons from America(New Horizons in Law and Economics series)


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About the Book

This well-documented book discusses the power and limitations of class actions with insights and analysis from a panel of distinguished scholars. It pays special attention to the introduction and the applicability of such a legal device in European civil law countries. The book offers a broad legal and economic investigation, drawing insights from US judicial experience and giving a rigorous discussion of both the philosophical and constitutional aspects and the economic mechanisms and incentives set up by class actions. The Law and Economics of Class Actions in Europe will be a welcome addition to the bookshelf of all those interested in the function of class action litigation for promoting justice and efficiency. In particular, it will benefit graduate and postgraduate students, researchers and academics in law, economics, and law and economics, policy makers, judges and attorneys. Contributors: J.G. Backhaus, G. Calabresi, A. Cassone, M.S. Cenini, B. Deffains, F. Denozza, N. Garoupa, A. Gidi, F. Gomez, M.F. Gouveia, S. Harnay, S. Issacharoff, E. Langlais, J. Luther, A. Marciano, G.P. Miller, F. Parisi, G.B. Ramello, L. Sacconi, M.I. Saez, F.M. Scherer, L. Toffoletti, T.S. Ulen, M. Valimaki

Table of Contents:
Contents: PART I: CLASS ACTION LITIGATION: THE ORIGINS AND ITS MAIN FEATURES 1. The Law and Economics of Class Action Litigation: Setting the Research Agenda Jürgen G. Backhaus, Alberto Cassone and Giovanni B. Ramello 2. Class Actions in the US Experience: The Legal Perspective Hon. Guido Calabresi 3. Class Actions in the US Experience: An Economist’s Perception Frederic M. Scherer 4. Will Aggregate Litigation Come to Europe? Samuel Issacharoff and Geoffrey P. Miller 5. Class Action as a Remedy for Market Failure Jürgen G. Backhaus 6. The Economics of Class Action Litigation Thomas S. Ulen PART II: DISENTANGLING THE LAW AND ECONOMICS OF CLASS ACTION 7. Private, Club and Public Goods: The Economic Boundaries of Class Action Litigation Alberto Cassone and Giovanni B. Ramello 8. Class Action Finance and Legal Expense Insurance Jürgen G. Backhaus 9. Punitive Damages and Class Actions Francesco Parisi and Marta Silvia Cenini 10. A Case for Information Sharing in Class Action Suits Bruno Deffains and Eric Langlais 11. Good Law and Economics Needs Better Microeconomic Models: The Case Against ‘Contingent Fees’ as Application of Agency Models to the Professions Lorenzo Sacconi 12. Collective Litigation versus Legislation: A Rent-Seeking Approach to Class Actions Sophie Harnay and Alain Marciano PART III: COMPARATIVE LEGAL VIEWS: ISSUES, NATIONAL EXPERIENCES AND A PROPOSAL 13. Class Actions in Private Enforcement of EC Antitrust Law: The Commission Green Paper Francesco Denozza and Luca Toffoletti 14. The Enforcement of Management Passivity Duty in Take-over Law: Class Action or Government Action? Fernando Gomez and María Isabel Saez 15. The Constitutional Impact of Class Actions in European Legal Systems Jörg Luther 16. Introducing Class Actions in Finland: An Example of Law-making Without Economic Analysis Mikko Välimäki 17. Class Actions in Portugal Mariana França Gouveia and Nuno Garoupa 18. The Class Action Code: A Model for Civil Law Countries Antonio Gidi Index

About the Author :
Edited by Jürgen G. Backhaus, Krupp Chair in Public Finance and Fiscal Sociology, Erfurt University, Germany, Alberto Cassone, Università del Piemonte Orientale, Italy and Giovanni B. Ramello, Department of Economics and Statistics "Cognetti de Martiis", Università degli studi di Torino, Italy

Review :
‘. . . this is a book which covers a broad range of issues within this rather fascinating and topical area of inquiry. Although targeted mainly at law and economics students and scholars, it should also interest commercial, corporate and IP lawyers, as well as economic theorists. Extensively footnoted, it opens up any number of avenues for further research and is, of course, an innovation in itself!’ ‘The Law and Economics of Class Actions in Europe marshals an impressive array of expertise from both sides of the Atlantic to illuminate the debate over class action litigation. This volume is a valuable addition to the literature on class actions in both the US and Europe.’ ‘The availability and performance of class actions is a fundamental question being addressed in many legal systems. Class actions offer a rare opportunity for individuals with small losses to obtain redress against large companies and may provide important incentives to comply with the law. Effective class actions that provide these benefits exist in few countries. This book assembles leading scholars from around the world to provide important new insights into the theory and practice of this important legal procedure.’


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Product Details
  • ISBN-13: 9781847208033
  • Publisher: Edward Elgar Publishing Ltd
  • Publisher Imprint: Edward Elgar Publishing Ltd
  • Height: 234 mm
  • No of Pages: 400
  • Sub Title: Lessons from America
  • ISBN-10: 1847208037
  • Publisher Date: 30 Mar 2012
  • Binding: Hardback
  • Language: English
  • Series Title: New Horizons in Law and Economics series
  • Width: 156 mm


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