The Conservative Case for Class Actions
The Conservative Case for Class Actions
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Abstract
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 libertarians believe that markets need some rules to form and work well. This raises the question of who is best to enforce the rules? The government? Or the injured persons themselves? Drawing on the theory of privatization, the book shows that, for all the same reasons they prefer private-sector solutions to other problems, they should prefer the so-called “private” attorney general over the public attorney general. For small harms, this means private class action lawyers. This is not just theory. Empirical studies show that many of the arguments critics make about class actions are not accurate: class actions are not meritless lawsuits, lawyers do take all of the money in fees, and class actions improve deterrence of misconduct. Nonetheless, the current system is not perfect. The book concludes with a few suggested reforms to make the system even better.
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Front Matter
- Introduction
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One
The Ironic History of Class Actions
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Two
The Conservative Case for Regulation
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Three
The Conservative Case for Private Enforcement
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Four
The Conservative Case against Private Enforcement
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Five
Why Private Enforcement Needs Class Actions
- Six Are Class Actions Meritless?
- Seven Do Class Action Lawyers Get All the Money?
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Eight
Do Class Actions Deter Wrongdoing?
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Nine
The Conservative Class Action
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End Matter
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