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Adequacy Of Representation In Argentina: Federal Supreme Court’S Case Law, Bills Pending Before Congress And The Preliminary Draft Of A New Civil Code, Francisco Verbic
Adequacy Of Representation In Argentina: Federal Supreme Court’S Case Law, Bills Pending Before Congress And The Preliminary Draft Of A New Civil Code, Francisco Verbic
Francisco Verbic
The paper describes how adequacy of representation has recently arrived to Argentina’s legal system in the field of representative litigation. First of all, in the FederalSupreme Court’s case law. Then, in some bills which are nowadays pending before Congress. Lastly, in the Preliminary Draft of a new Civil Code recently announced by the President and the Chief Justice of the Federal Supreme Court. I take a critical approach towards the issue, particularly because of the little attention paid to such a relevant aspect of representative proceedings
Financiers As Monitors In Aggregate Litigation, Elizabeth Chamblee Burch
Financiers As Monitors In Aggregate Litigation, Elizabeth Chamblee Burch
Elizabeth Chamblee Burch
This Article identifies a market-based solution for monitoring large-scale litigation that proceeds outside of Rule 23’s safeguards. Although class actions dominate the scholarly discussion of mass litigation, the ever-increasing restrictions on certifying a class mean that plaintiffs’ lawyers routinely rely on aggregate litigation (through multidistrict litigation and liberal joinder devices like Rules 20 and 42) to seek redress for group-wide harms. Despite sharing key features with its class-action counterpart, lik fe attenuated attorney-client relationships, attorney-client conflicts of interest, and high agency costs, no monitor exists in aggregate litigation. Informal group litigation not only lacks Rule 23’s judicial protections against attorney …
Consumer Class Actions In Argentina And Brazil. Comparative Analysis And Enforcement Of Foreign Judgments, Francisco Verbic
Consumer Class Actions In Argentina And Brazil. Comparative Analysis And Enforcement Of Foreign Judgments, Francisco Verbic
Francisco Verbic
No abstract provided.
Why Is The Highway Closed? The Unreasonable Restriction Imposed On The Legal Services Corporation Regarding Class Action Suits, Francisco Verbic
Why Is The Highway Closed? The Unreasonable Restriction Imposed On The Legal Services Corporation Regarding Class Action Suits, Francisco Verbic
Francisco Verbic
In this paper I discuss the prohibition imposed by the US Congress on the Legal Services Corporation regarding the use of class action suits to provide free legal assistance to the poor. I deal with the creation of the Legal Services Corporation in the US, the scope and advantages of class actionssuits (particularly in terms of access to justice), and the role this kind of procedure can play in a context of a deep economic crisis that have deepened the gap in access to the civil justice system. I argue that the aforementioned prohibition to use class actions is unreasonable …
Class Actions, Heightened Commonality, And Declining Access To Justice, A. Benjamin Spencer
Class Actions, Heightened Commonality, And Declining Access To Justice, A. Benjamin Spencer
A. Benjamin Spencer
A prerequisite to being certified as a class under Rule 23 of the Federal Rules of Civil Procedure is that there are “questions of law or fact common to the class.” Although this “commonality” requirement had heretofore been regarded as something that was easily satisfied, in Wal-Mart Stores, Inc. v. Dukes the Supreme Court gave it new vitality by reading into it an obligation to identify among the class a common injury and common questions that are “central” to the dispute. Not only is such a reading of Rule 23’s commonality requirement unsupported by the text of the rule, but …