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The Coexistence of Genetically Modified and Non-genetically Modified Agriculture in Canada: A Courtroom Drama

Jane Matthews Glenn

in The Regulation of Genetically Modified Organisms: Comparative Approaches

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199542482
eISBN:
9780191594342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199542482.003.0011
Subject:
Law, Environmental and Energy Law

Canada approved GM canola for unconfined release in 1995, but it did so without open and informed debate about the problems of coexistence of GM and non-GM agriculture, and without a regulatory ... More


SHEDDING LIGHT ON OUTCOMES IN CLASS ACTIONS

Nicholas M. Pace and William Rubenstein

in Confidentiality, Transparency, and the U.S. Civil Justice System

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199914333
eISBN:
9780199980185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199914333.003.0003
Subject:
Law, Constitutional and Administrative Law

Class actions are among the most public forms of civil litigation. However, a veil of secrecy can fall over class action litigation the moment the judge signs off on the agreement. This chapter ... More


Why Private Enforcement Needs Class Actions

Brian T. Fitzpatrick

in The Conservative Case for Class Actions

Published in print:
2019
Published Online:
May 2020
ISBN:
9780226659336
eISBN:
9780226659473
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226659473.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter argues that private enforcement of the law needs class action lawsuits in order to be effective. For small injuries—known as “negative expected value claims”—the only possible private ... More


Justice in settlements

Jules L. Coleman

in Markets, Morals, and the Law

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253609
eISBN:
9780191719783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253609.003.0009
Subject:
Law, Competition Law

This chapter discusses the practice of settling disputes instead of fully litigating them. Since settlements often depart from the requirements of individual desert, the practice of encouraging ... More


The Ironic History of Class Actions

Brian T. Fitzpatrick

in The Conservative Case for Class Actions

Published in print:
2019
Published Online:
May 2020
ISBN:
9780226659336
eISBN:
9780226659473
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226659473.003.0002
Subject:
Law, Constitutional and Administrative Law

The modern class action was created in 1966 by an amendment to Federal Rule of Civil Procedure 23 by an obscure committee of lawyers, judges, and academics. Despite all of the opposition to it by big ... More


Do Class Action Lawyers Get All the Money?

Brian T. Fitzpatrick

in The Conservative Case for Class Actions

Published in print:
2019
Published Online:
May 2020
ISBN:
9780226659336
eISBN:
9780226659473
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226659473.003.0008
Subject:
Law, Constitutional and Administrative Law

Many critics of class actions claim that class members end up with nothing and the lawyers end up with everything. Empirical studies show that this is not true. Class action lawyers only receive 15% ... More


The Conservative Class Action

Brian T. Fitzpatrick

in The Conservative Case for Class Actions

Published in print:
2019
Published Online:
May 2020
ISBN:
9780226659336
eISBN:
9780226659473
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226659473.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter takes seriously the best arguments against class actions and responds with appropriate reforms. For example, it is true that many of the substantive laws class actions enforce are bad ... More


The Objectivity of Moral Judgements

G. E. Moore

in Ethics: and "The Nature of Moral Philosophy"

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199272013
eISBN:
9780191603181
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199272018.003.0003
Subject:
Philosophy, History of Philosophy

Moore maintains that, in principle, there is an objective answer to questions of right and wrong. More specifically, that a particular action cannot be both right and wrong, either at the same time ... More


The Conservative Case for Class Actions

Brian T. Fitzpatrick

Published in print:
2019
Published Online:
May 2020
ISBN:
9780226659336
eISBN:
9780226659473
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226659473.001.0001
Subject:
Law, Constitutional and Administrative Law

This book argues that political conservatives and libertarians should embrace class action lawsuits as the best way to police the marketplace. Contrary to common misperceptions, conservatives and ... More


Do Class Actions Deter Wrongdoing?

Brian T. Fitzpatrick

in The Conservative Case for Class Actions

Published in print:
2019
Published Online:
May 2020
ISBN:
9780226659336
eISBN:
9780226659473
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226659473.003.0009
Subject:
Law, Constitutional and Administrative Law

Some critics of class actions claim that they do not deter misconduct. But this claim is entirely inconsistent with the “Chicago School” theory of internalization of costs: if corporations have to ... More


The Objectivity of Moral Judgements (concluded)

G. E. Moore

in Ethics: and "The Nature of Moral Philosophy"

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199272013
eISBN:
9780191603181
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199272018.003.0004
Subject:
Philosophy, History of Philosophy

This chapter continues Moore’s critique of different attitudinal theories of ethics begun in the previous chapter. He discusses theories that view moral judgements as judgements about the will ... More


Are Class Actions Meritless?

Brian T. Fitzpatrick

in The Conservative Case for Class Actions

Published in print:
2019
Published Online:
May 2020
ISBN:
9780226659336
eISBN:
9780226659473
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226659473.003.0007
Subject:
Law, Constitutional and Administrative Law

Many critics of class actions claim that they are meritless lawsuits that corporations settle only to avoid the risk of an unexpected outcome and the expense of paying lawyers. But corporations have ... More


Nicotine Patch Advertisements: The States of Arizona, California, Illinois, Iowa, Massachusetts, Minnesota, Missouri, New Mexico, New York, North Carolina, and Texas v. CIBA‐Geigy Corporation

Roger W. Shuy

in Fighting over Words: Language and Civil Law Cases

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195328837
eISBN:
9780199870165
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328837.003.0007
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

In a class action suit based on deceptive trade practices brought by eleven state attorneys general against the maker of a nicotine skin patch, plaintiffs claimed that the advertisements for that ... More


Introduction

Brian T. Fitzpatrick

in The Conservative Case for Class Actions

Published in print:
2019
Published Online:
May 2020
ISBN:
9780226659336
eISBN:
9780226659473
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226659473.003.0001
Subject:
Law, Constitutional and Administrative Law

As Milton Friedman reminded listeners long ago, there is sometimes a divergence between the interests of U.S. Chamber of Commerce and conservative and libertarian principles. This chapter defines ... More


The Expansion of Modern U.S. Tort Law and Its Excesses

George L. Priest

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0012
Subject:
Political Science, American Politics

This chapter discusses the expansion of the U.S. tort law and its excesses. It first presents a brief history of conceptions of tort law and how they are transformed. It then discusses the rise of ... More


Between Forty Acres and A Class Action Lawsuit: Black Farmers, Civil Rights, and Protest against the U.S. Department of Agriculture, 1997–2010

Valerie Grim

in Beyond Forty Acres and a Mule: African American Landowning Families since Reconstruction

Published in print:
2012
Published Online:
September 2012
ISBN:
9780813039862
eISBN:
9780813043777
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813039862.003.0013
Subject:
History, African-American History

Valerie Grim indicates that black farmers have still not won the long struggle for equal rights. In 1999, for the first time in American history, black farmers brought a successful class action law ... More


Bringing Justice to Large Groups of People: Mass Torts and Class Actions (I)

Jeffrey B. Morris

in Leadership on the Federal Bench: The Craft and Activism of Jack Weinstein

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199772414
eISBN:
9780190259976
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199772414.003.0011
Subject:
Law, Legal History

This chapter presents a background on class actions and other mass tort actions. It then focuses on Weinstein's most celebrated case, Agent Orange. In Agent Orange Weinstein presided over an action ... More


Class Actions, Compliance, and Moral Cost

Bruno Deffains and Dominique Demougin

in Contract Governance: Dimensions in Law and Interdisciplinary Research

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198723202
eISBN:
9780191790294
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198723202.003.0016
Subject:
Law, Company and Commercial Law, Comparative Law

This chapter studies the effects of introducing class actions in a competitive environment where some firms have intrinsic motivation to implement the efficient care level. The standard aggregation ... More


On Devices and Logics of Legal Sense: Toward Socio-technical Legal Analysis

Kyle McGee

in Latour and the Passage of Law

Published in print:
2015
Published Online:
May 2017
ISBN:
9780748697908
eISBN:
9781474416061
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697908.003.0004
Subject:
Law, Philosophy of Law

Kyle McGee argues for the enrichment of socio-legal studies by re-evaluating the operation of rules in legal enunciation, particularly in the ‘judicial Umwelt’. Opposing the tendency to black-box ... More


Reaffirming the Consumer Cases

Thomas E. Carbonneau

in Toward a New Federal Law on Arbitration

Published in print:
2014
Published Online:
December 2014
ISBN:
9780199965519
eISBN:
9780199366927
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965519.003.0006
Subject:
Law, Public International Law

The Court's recent rulings indicate that its support for arbitration remains unfailing. These cases address adhesive arbitration, perhaps the most controversial part of the judicial doctrine on ... More


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