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The Conservative Case for Private Enforcement

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/9780226659473.003.0004
Subject:
Law, Constitutional and Administrative Law

Markets need rules. Who is the best policeman? Drawing on the work of Gary Becker and George Stigler, as well as conservative and libertarian theories of privatization from the “Chicago School” and ... More


The Conservative Case against Private Enforcement

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/9780226659473.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter canvasses the major arguments made by conservatives, libertarians, and business interests against private enforcement of the law. Some opposition is due not so much to who the enforcer ... 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


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


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