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The Law and Economics of Class Actions in Europe: Lessons from America

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Edited by: Jurgen G. Backhaus, Giovanni B. Ramello, Alberto Cassone

ISBN13: 9781847208033
Published: April 2012
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £101.00



Despatched in 3 to 5 days.

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, policymakers, judges and attorneys.

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Subjects:
EU Law
Contents:
PART I: CLASS ACTION LITIGATION: THE ORIGINS AND ITS MAIN FEATURES
1. Law and Economics of Class Action: Setting the Research Agenda Jurgen Backhaus ,Alberto Cassone and Giovanni B. Ramello
2. Class Actions in the US Experience: A Law and Economics Perspective Guido Calabresi
3. Some Experiential Observations on Class Action Litigation Frederic M. Scherer
4. Will Aggregate Litigation Come to Europe? Samuel Issacharoff and Geoffrey Miller
5. Class Action as a Remedy for Market Failure Jurgen Backhaus
6. The Economics of Class Actions: A General Overview Thomas 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 Jurgen Backhaus
9. Punitive Damages and Class Action Francesco Parisi and Marta 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 Alain Marciano and Sophie Harnay

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 Directors' Passivity Duty in Take-over Law Class Action or Government Action? Fernando Gomez and Maria Isabel Saez
15. The Need for an Assessment of the Constitutional Impact of Class Actions on the European Legal Systems Joerg Luther
16. Class Action in Nordic Countries: A Comparative Perspective Mikko Valimaki
17. Class actions in Portugal Nuno Garoupa and Mariana Gouveia
18. A Model of Code for Class Action in Civil Law Countries Antonio Gidi

Index