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Articles 1 - 5 of 5
Full-Text Articles in Law
The John E. Schiller Chair In Legal Ethics Inaugural Lecture April 20, 2011 Program
The John E. Schiller Chair In Legal Ethics Inaugural Lecture April 20, 2011 Program
Hannah Buxbaum (2011-2013 Interim)
No abstract provided.
The Price Of Access To The Civil Courts In Australia: Old Problems And New Solutions - A Commercial Litigation Funding Case Study, Camille Cameron
The Price Of Access To The Civil Courts In Australia: Old Problems And New Solutions - A Commercial Litigation Funding Case Study, Camille Cameron
Articles, Book Chapters, & Popular Press
In the past decade litigation funding companies have assumed an increasingly prominent role in commercial litigation and class actions in Australia. The growth of commercial litigation funding is a predictable response to various features of Australia’s costs and fee allocation rules and practices, including the “loser pays” rule, the prohibition on lawyer’s charging contingency fees, the hourly billing practices of lawyers, and the open-ended and unpredictable nature of much civil litigation. This chapter explores the growth of commercial litigation funding in Australia and uses it as a window through which to view how Australia’s costs and fee allocation rules operate …
Optimal Class Size, Opt-Out Rights, And "Indivisible" Remedies, Jay Tidmarsh, David Betson
Optimal Class Size, Opt-Out Rights, And "Indivisible" Remedies, Jay Tidmarsh, David Betson
Journal Articles
Prepared for a Symposium on the ALI’s Aggregate Litigation Project, this paper examines the ALI’s proposal to permit opt-out rights when remedies and “divisible,” but not to permit them when remedies are “indivisible.” Starting from the ground up, the paper employs economic analysis to determine what the optimal size of a class action should be. We demonstrate that, in some circumstances, the optimal size of a class is a class composed of all victims, while in other cases, the optimal size is smaller. We further argue that courts should consider optimal class size in determining whether to certify a class, …
Aggregate Litigation: Critical Perspectives, Roger H. Trangsrud
Aggregate Litigation: Critical Perspectives, Roger H. Trangsrud
GW Law Faculty Publications & Other Works
While aggregate litigation has become an integral part of the U.S. civil justice system, it is often the cause of intense controversy among the private bar, the bench, and the academy. In 2009, the American Law Institute completed a project on the Principles of the Law of Aggregate Litigation, whose goal was to identify good procedures for handling aggregate lawsuits. The completion of these Principles spurred a host of reactions from attorneys, judges, and scholars. At a symposium hosted by The George Washington University Law School, the questions that were posed included: What is the optimal level of aggregation? When …
Class Action In Mexico, Jorge E. De Hoyos Walther
Class Action In Mexico, Jorge E. De Hoyos Walther
Jorge E De Hoyos Walther
In April 2011 the Mexican Parliament approved a legislative package that regulates class actions. The amended laws are six: (1) Federal Code of Civil Proceedings; (2) Federal Civil Code; (3) Federal Law of Economic Competence; (4) Federal Law of Consumer’s Protection; (4) Organic Law of the Federal Judicial Power; (5) General Law of Ecological Equilibrium and Environmental Protection; and (6) Law of Protection to the User of Financial Services. On August 30th 2011, the Federal Official Gazette published this amendment to the federal law.