Description
Book SynopsisTrade Review"Fitzpatrick starts from the premise that conservatives and libertarians believe that markets need at least some rules to thrive and that they consider the private sector to be superior to the government in most areas. He argues that the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions." * Law & Social Inquiry *
"Class action litigation has too often, Fitzgerald argues, been seen by conservatives as an example of oppressive law; this book holds that, once reformed, class actions offer the possibility of being among 'the laws we [conservatives] do like.' Indeed, as law religion scholarship argues, conservatives need laws—or, better put, need such a faith in a worldview of law, a faith articulated in this book in relation to class action litigation—in order to maintain belief in the sovereignty of the individual." * Religious Studies Review *
"Provocative." -- Leonard Leo, former executive vice president, Federalist Society
"Stunning." -- Erwin Chemerinsky, Dean, University of California Berkeley School of Law
"Dazzlingly brilliant." -- Ken Starr, former US Solicitor General and Court of Appeals Judge
"Will undoubtedly contribute to debates in the halls of Congress for years to come."
-- John Cornyn, US Senator, Texas
Table of ContentsAcknowledgments
Introduction
Chapter 1 The Ironic History of Class Actions
Chapter 2 The Conservative Case for Regulation
Chapter 3 The Conservative Case for Private Enforcement
Chapter 4 The Conservative Case against Private Enforcement
Chapter 5 Why Private Enforcement Needs Class Actions
Chapter 6 Are Class Actions Meritless?
Chapter 7 Do Class Action Lawyers Get All the Money?
Chapter 8 Do Class Actions Deter Wrongdoing?
Chapter 9 The Conservative Class Action
Notes
Bibliography
Index
