Wholesale justice
Subtitle: constitutional democracy and the problem of the class action lawsuit
By: Martin H. Redish.
Publisher: Stanford Law Books
Published: 2009
Place of publication: Stanford, Calif
Language: eng
Number of pages: 317
ISBN-13: 9780804752749; 9780804752756
Subjects: Class actions (Civil procedure) -- United States; Constitutional law -- United States
Description: "Law students generally learn that the class action is a complex joinder device that can serve as a powerful check on governmental or corporate excess or illegality. It is unlikely, however, that they are ... asked to view the class action device from the broader perspectives of constitutional or political theory. The purpose of this book is to undertake just such an inquiry, and to draw a number of valuable lessons for the structure and viability of the modern class action"--Introduction, p. 2.
Notes: Includes bibliographical references and index.
Table of contents: title: Introduction : class actions, legal history, and the essential elements of liberal democracy; title: Class actions and the democratic difficulty; title: The Supreme Court, the Rules Enabling Act, and the politicization of the class action; title: The class action as political theory; title: Class actions, litigant autonomy, and the goals of procedural due process; title: Settlement class actions, the case-or-controversy requirement, and the nature of the adjudicatory process; title: Conclusion : the role of liberal political theory in the class action debate.