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Wholesale Justice

Regular price $140.00
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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 subst...
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  • 20 April 2009
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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.
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Price: $140.00
Pages: 328
Publisher: Stanford University Press
Imprint: Stanford Law Books
Publication Date: 20 April 2009
Trim Size: 9.00 X 6.00 in
ISBN: 9780804752749
Format: Hardcover
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"Although much has been written about class actions, this book is original and enormously important. No one else has analyzed the class action from the perspective of political and democratic theory. All who write about class actions, whatever their perspective, will need to consider and address this provocative work. It is a superb book and a huge contribution to theliterature."
Martin Redish is the Louis and Harriet Ancel Professor of Law and Public Policy at the Northwestern University School of Law. His books include The Logic of Persecution: Free Expression and the McCarthy Era (Stanford, 2005) and Money Talks: Speech, Economic Power and the Values of Democracy (2001).