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Wholesale Justice: Constitutional Democracy and the Problem of the Class Action Lawsuit
Contributor(s): Redish, Martin H. (Author)
ISBN: 0804752745     ISBN-13: 9780804752749
Publisher: Stanford Law Books
OUR PRICE:   $133.00  
Product Type: Hardcover - Other Formats
Published: April 2009
Qty:
Annotation: 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.
Additional Information
BISAC Categories:
- Law | Civil Procedure
- Law | Constitutional
Dewey: 347.735
LCCN: 2008041874
Physical Information: 0.9" H x 6.2" W x 9" (1.20 lbs) 328 pages
 
Descriptions, Reviews, Etc.
Publisher Description:
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.