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Author: Joanne Blennerhassett
Publisher: Bloomsbury Publishing
ISBN: 1509905308
Category : Law
Languages : en
Pages : 339
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Book Description
This monograph addresses the phenomenon of mass harm and how it may be resolved through collective redress. It examines particularly how such redress may be achieved through mechanisms such as multi-party actions (MPAs). In order to do this, an analytical framework is created against which to evaluate various multi-party procedures. This is illustrated through the experience of a selection of common law jurisdictions in dealing with mass harm – namely that of England and Wales, Canada, Australia and the United States, as well as that of EU collective redress. It examines multi-party action laws benchmarked against the objectives identified in the analytical framework. The phenomenon of environmental mass harm in particular is explored as a case study, as it illustrates some of the difficulties that may arise in mass harm litigation. Also, this work explores where the best solutions for mass harm redress may lie in the future – perhaps in collective actions or through alternatives such as regulation and alternative dispute resolution or a combination of these. Finally, the experience of mass harm litigation in Ireland is examined, as currently this jurisdiction does not have an effective mechanism for dealing with mass harm. This title is included in Bloomsbury Professional's International Arbitration online service.
Author: Joanne Blennerhassett
Publisher: Bloomsbury Publishing
ISBN: 1509905308
Category : Law
Languages : en
Pages : 339
Get Book Here
Book Description
This monograph addresses the phenomenon of mass harm and how it may be resolved through collective redress. It examines particularly how such redress may be achieved through mechanisms such as multi-party actions (MPAs). In order to do this, an analytical framework is created against which to evaluate various multi-party procedures. This is illustrated through the experience of a selection of common law jurisdictions in dealing with mass harm – namely that of England and Wales, Canada, Australia and the United States, as well as that of EU collective redress. It examines multi-party action laws benchmarked against the objectives identified in the analytical framework. The phenomenon of environmental mass harm in particular is explored as a case study, as it illustrates some of the difficulties that may arise in mass harm litigation. Also, this work explores where the best solutions for mass harm redress may lie in the future – perhaps in collective actions or through alternatives such as regulation and alternative dispute resolution or a combination of these. Finally, the experience of mass harm litigation in Ireland is examined, as currently this jurisdiction does not have an effective mechanism for dealing with mass harm. This title is included in Bloomsbury Professional's International Arbitration online service.
Author: Bernard Hanotiau
Publisher: Kluwer Law International B.V.
ISBN: 904112442X
Category : Law
Languages : en
Pages : 414
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Book Description
Provides an analysis of the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. This work analyses theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; and whether an arbitration clause may be extended to non-signatories.
Author: Csongor István Nagy
Publisher: Springer Nature
ISBN: 3030242226
Category : Law
Languages : en
Pages : 132
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Book Description
This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.
Author: Rachael Mulheron
Publisher: Bloomsbury Publishing
ISBN: 1847310966
Category : Law
Languages : en
Pages : 616
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Book Description
Multi-party litigation is a world-wide legal process, and the class action device is one of its best-known manifestations. As a means of providing access to justice and achieving judicial economies, the class action is gaining increasing endorsement - particularly given the prevalence of mass consumerism of goods and services, and the extent to which the activities and decisions of corporations and government bodies can affect large numbers of people. The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. While the United States model is the most longstanding, there have now been sufficient judicial determinations under each of the studied jurisdictions to provide a constructive basis for comparison. In the context of the drafting and application of a workable class action framework, it is apparent that similar problems have been confronted across these jurisdictions, which in turn promotes a search for assistance in the experience and legal analysis of others. The book is presented in three Parts. The first Part deals with the class action concept and its alternatives, and also discusses and critiques the stance of England where the introduction of the opt-out class action model has been opposed. The second Part focuses upon the various criteria and factors governing commencement of a class action (encompassing matters such as commonality, superiority, suitability, and the class representative). Part 3 examines matters pertaining to conduct of the action itself (such as becoming a class member, notice requirements, settlement, judgments, and costs and fees). The book is written to have practical utility for a wide range of legal practitioners and professionals, such as: academics and students of comparative civil procedure and multi-party litigation; litigation lawyers who may use the reference materials cited to the benefit of their own class action clients; and those charged with law reform who look to adopt the most workable (and avoid the unworkable) features in class action models elsewhere.
Author: Sonja Zmerli
Publisher: ECPR Press
ISBN: 1907301585
Category : Political Science
Languages : en
Pages : 240
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Book Description
This book, by Sonja Zmerli and Marc Hooghe, presents cutting-edge empirical research on political trust as a relational concept. From a European comparative perspective it addresses a broad range of contested issues. Can political trust be conceived as a one-dimensional concept and to what extent do international population surveys warrant the culturally equivalent measurement of political trust across European societies? Is there indeed an observable general trend of declining levels of political trust? What are the individual, societal and political prerequisites of political trust and how do they translate into trustful attitudes? Why do so many Eastern European citizens still distrust their political institutions and how does the implementation of welfare state policies both enhance and benefit from political trust? The comprehensive empirical evidence presented in this book by leading scholars provides valuable insights into the relational aspects of political trust and will certainly stimulate future research. This book features: a state-of-the-art European perspective on political trust; an analysis of the most recent trends with regard to the development of political trust; a comparison of traditional and emerging democracies in Europe; the consequences of political trust on political stability and the welfare state; a counterbalance to the gloomy American picture of declining political trust levels.
Author: Christopher J. S. Hodges
Publisher:
ISBN: 9780198298960
Category : Law
Languages : en
Pages : 0
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Book Description
This is the first practitioner's work on the new rule on Group Litigation Orders under Britain's Civil Procedure Rules. It provides exhaustive analysis of the new rule and relates it to the extensive experience that has been gained in the major multi-party actions of recent years.
Author: Jean-Benoit Pilet
Publisher: Routledge
ISBN: 1317929454
Category : Political Science
Languages : en
Pages : 288
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Book Description
This book explores the ways in which political parties, in contemporary parliamentary democracies, choose their leaders and then subsequently hold them accountable. The authors provide a comprehensive examination of party leadership selection and accountability both through examination of parties and countries in different institutional settings and through a holistic analysis of the role of party leaders and the methods through which they assume, and exit, the office. The collection includes essays on Australia, Austria, Belgium, Canada, Germany, Hungary, Israel, Italy, Portugal, Romania, Spain, Norway and the United Kingdom which have important differences in their party systems, their degree of democratization, the role assigned to party leaders and their methods of leadership selection. Each country examination provides significant data relating to party rules and norms of leadership selection, leadership tenures and leadership contests. The book concludes with a chapter that merges the country data analyses to provide a truly comparative examination of the theoretical questions underlying the volume. This book will be of strong interest to students and scholars of legislative studies, elections, democracy, political parties, party systems, political elites and comparative politics.
Author: Damien Gerard
Publisher: Cambridge University Press
ISBN: 1108498086
Category : Law
Languages : en
Pages : 475
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Book Description
Provides a new conceptualization of competition law as economic inequality and its interaction with efficiency become of central concern to policy and decision-makers.
Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
ISBN: 0309452961
Category : Medical
Languages : en
Pages : 583
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Book Description
In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.
Author: Iris Geva-May
Publisher: Routledge
ISBN: 0429806639
Category : Political Science
Languages : en
Pages : 578
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Book Description
Volume One of the Classics of Comparative Policy Analysis, "Theory and Methods in Comparative Policy Analysis Studies" includes chapters that apply or further theory and methodology in the comparative study of public policy, in general, and policy analysis, in particular. Throughout the volume the chapters engage in theory building by assessing the relevance of theoretical approaches drawn from the social sciences, as well as some which are distinctive to policy analysis. Other chapters focus on various comparative approaches based on developments and challenges in the methodology of policy analysis. Together, this collection provides a comprehensive scholastic foundation to comparative policy analysis and comparative policy studies. "Theory and Methods in Comparative Policy Analysis Studies" will be of great interest to scholars and learners of public policy and social sciences, as well as to practitioners considering what can be learned or facilitated through methodologically and theoretically sound approaches. The chapters were originally published as articles in the Journal of Comparative Policy Analysis which in the last two decades has pioneered the development of comparative public policy. The volume is part of a four-volume series, the Classics of Comparative Policy Analysis including Theories and Methods, Institutions and Governance, Regional Comparisons, and Policy Sectors. Each volume showcases a different new chapter comparing domains of study interrelated with comparative public policy: political science, public administration, governance and policy design, authored by the JCPA co-editors Giliberto Capano, Iris Geva-May, Michael Howlett, Leslie A. Pal and B. Guy Peters.
