Collective Access To Justice
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Collective Access To Justice
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Author : Michael Molavi
language : en
Publisher: Policy Press
Release Date : 2021-03-11
Collective Access To Justice written by Michael Molavi and has been published by Policy Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-11 with Law categories.
At a time when the collective redress landscape is undergoing a period of transformative change, this important and timely research focuses on class actions in England and Wales. Aiming to promote access to justice, this pioneering work separates fact from fiction in an easily digestible way, offering progressive solutions for reform.
Collective Actions
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Author : Stefan Wrbka
language : en
Publisher: Cambridge University Press
Release Date : 2012-04-30
Collective Actions written by Stefan Wrbka and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-30 with Law categories.
This volume of essays examines whether collective actions can enhance access to justice for multilayer interests.
Collective Actions
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Author : Stefan Wrbka
language : en
Publisher:
Release Date : 2014-05-14
Collective Actions written by Stefan Wrbka and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with Class actions (Civil procedure) categories.
This volume of essays draws together research on different types of collective actions: group actions, representative actions, test case procedures, derivative actions and class actions. The main focus is on how these actions can enhance access to justice and on how to balance the interests of private actors in protecting their rights with the interests of society as a whole. Rather than focusing on collective actions only as a procedural device per se, the contributors to this book also examine how these mechanisms relate to their broader social context. Bringing together a broad range of scholarship from the areas of competition, consumer, environmental, company and securities law, the book includes contributions from Asian, European and North American scholars and therefore expands the scope of the traditional European and/or American debate.
Collective And Mass Litigation In Europe
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Author : Astrid Stadler
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-11-27
Collective And Mass Litigation In Europe written by Astrid Stadler and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-27 with Law categories.
Written by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this ‘best practice’ set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.
Access To Justice
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Author : Deborah L. Rhode
language : en
Publisher: Oxford University Press on Demand
Release Date : 2004-09-23
Access To Justice written by Deborah L. Rhode and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-09-23 with Law categories.
"Equal Justice Under Law." This promise appears on courthouse doors across the land. But it by no means describes what goes on inside them. Equal access to justice is one of America's most proudly proclaimed principles. And one of its most frequently violated. Written by America's leading expert on legal ethics, Access to Justice vividly chronicles the wide gap between the lofty aspirations and harsh realities of American justice.
Equal Access To Justice For Inclusive Growth Putting People At The Centre
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Author : OECD
language : en
Publisher: Org. for Economic Cooperation & Development
Release Date : 2019-03-28
Equal Access To Justice For Inclusive Growth Putting People At The Centre written by OECD and has been published by Org. for Economic Cooperation & Development this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-28 with Due process of law categories.
This report looks at how governments can ensure that everyone has access to justice, and that justice processes and services are responsive to people's needs. Based on lessons derived from people-centred service delivery, the report identifies access to justice principles and promising practices, as well as measurement tools and indicators to help countries monitor their progress. It sets out a framework for people-centred service design and delivery that can be applied to the entire legal and justice chain. Drawing on over five years of research and collaboration with OECD member countries and partner economies, the report contributes to our collective understanding of effective access to justice and the crucial role it plays in inclusive and sustainable growth and development.
Collective Actions In Europe
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Author : Csongor István Nagy
language : en
Publisher: Springer Nature
Release Date : 2019-08-19
Collective Actions In Europe written by Csongor István Nagy and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-19 with Law categories.
This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.
Marginalized Communities And Access To Justice
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Author : Yash Ghai CBE
language : en
Publisher: Routledge
Release Date : 2009-12-16
Marginalized Communities And Access To Justice written by Yash Ghai CBE and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-16 with Law categories.
Marginalized Communities and Access to Justice is a comparative study, by leading researchers in the field of law and justice, of the imperatives and constraints of access to justice among a number of marginalized communities. A central feature of the rule of law is the equality of all before the law. As part of this equality, all persons have the right to the protection of their rights by the state, particularly the judiciary. Therefore equal access to the courts and other organs of the state concerned with the enforcement of the law is central. These studies – undertaken by internationally renowned scholars and practitioners – examine the role of courts and similar bodies in administering the laws that pertain to the entitlements of marginalized communities, and address individuals' and organisations' access to institutions of justice: primarily, but not exclusively, courts. They raise broad questions about the commitment of the state to law and human rights as the principal framework for policy and executive authority, as well as the impetus to law reform through litigation. Offering insights into the difficulties of enforcing, and indeed of the will to enforce, the law, this book thus engages fundamental questions about value of engagement with the formal legal system for marginalized communities.
The Reform Of Class And Representative Actions In European Legal Systems
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Author : Christopher Hodges
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-10-07
The Reform Of Class And Representative Actions In European Legal Systems written by Christopher Hodges and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-10-07 with Law categories.
This book examines the principal trends and policy goals relating to collective redress mechanisms in Europe. It identifies three principal areas in which procedures and debates have emerged: within consumer protection and competition law, and from some national court systems. It identifies differing national models of public and private enforcement in consumer protection law in the Member States, and the search for more efficient and inclusive procedures that would deliver increased access to justice and enhanced compliance with desired standards (arguably through deterrence). A sequence of case studies illustrates the pros and cons of differing models. Lessons are also drawn from the experience of class actions in the USA over the transactional costs of private law mechanisms, and adverse economic consequences. The various policy strands are unravelled and prioritised, and options for the future are recommended. The American 'private enforcement' model is contrasted with the more prevalent European public and mediated enforcement tradition. New developments involving Ombudsmen and oversight of compensation by public enforcement bodies are identified, and underlying theories of restorative justice and responsive regulation discussed. Public, private, formal, informal, ADR and voluntary methodologies are evaluated against criteria, and it is concluded that the optimal options for collective redress in Europe involve a combination of approaches, with priority given to public and voluntary solutions over private court-based mechanisms. "Reform of collective redress is the hottest topic in European civil justice today. Dr. Hodges, one of the world's leading experts in the field, provides a deeply informed evaluation of the current debates. Illustrative case studies drawn from both consumer protection and competition areas enrich and ground his provocative analysis of the complex issues at stake making this a "must-have" book for every practitioner, academic and policy-maker in the field". Professor Jane Stapleton, Australian National University, and University of Texas, Austin. This title is included in Bloomsbury Professional's International Arbitration online service.
Class Actions In Canada
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Author : Jasminka Kalajdzic
language : en
Publisher: UBC Press
Release Date : 2018-05-17
Class Actions In Canada written by Jasminka Kalajdzic and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-17 with Law categories.
Whatever deficits remain in the Canadian project to make justice available to all, class actions have been heralded as a success. They have been employed over the past several decades to overcome barriers to justice for those who would otherwise have no recourse to the courts. First proposing a conceptualization of access to justice that moves beyond mere access to a court procedure, leading expert Jasminka Kalajdzic then methodically assesses survey data and case studies to determine how class action practice fulfills or falls short of its objectives. Class Actions in Canada is a timely exploration of the evolution of collective litigation in Canada.