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2012 (5)

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Book
World class actions : a guide to group and representative actions around the globe
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ISBN: 9780199730247 0199730245 Year: 2012 Publisher: Oxford : Oxford University Press,

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Book
The derivative action in Asia : a comparative and functional approach
Authors: --- ---
ISBN: 1139508059 1107229103 1280774002 9786613684776 113951766X 113951508X 0511998023 1139514164 1139516736 1139518593 9781139518598 9780511998027 9781107012271 1107012279 9781139516730 9781280774003 Year: 2012 Publisher: Cambridge ; New York : Cambridge University Press,

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This in-depth comparative examination of the derivative action in Asia provides a framework for analysing its function, history and practical application and examines in detail how derivative actions law works in practice in seven important Asian jurisdictions (China, Hong Kong, India, Japan, Korea, Taiwan and Singapore). These case studies allow an evaluation of a number of the leading Western comparative corporate law and governance theories which have come to define the field over the last decade. By debunking some of these critically important theories, this book lays the foundation for an accurate understanding of the derivative action in Asia and a re-examination of the regulation of the derivative action around the world.


Book
The law and economics of class actions in Europe : lessons from America
Authors: --- ---
ISBN: 9781847208033 1847208037 9781781001240 1781001243 128049302X 9786613588258 Year: 2012 Publisher: Cheltenham [England] ; Northampton, Mass. : Edward Elgar Pub.,

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This well-documented book discusses the power and limitations of class actions with insights and analysis from a panel of distinguished scholars. It pays special attention to the introduction and the applicability of such a legal device in European civil law countries. The book offers a broad legal and economic investigation, drawing insights from US judicial experience and giving a rigorous discussion of both the philosophical and constitutional aspects and the economic mechanisms and incentives set up by class actions. The Law and Economics of Class Actions in Europe will be a welcome additi


Book
Oral argument and amicus curiae
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ISBN: 1593325045 9781593325046 1593324669 9781593324667 9781593324667 Year: 2012 Publisher: El Paso : LFB Scholarly Pub.,

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Members of the Supreme Court are supposed to base decisions on the law, but often their choices are better explained by political ideology and party loyalty. Roberts sheds light on this problem by looking at a part of the Court's life that has never been systematically studied. Most cases feature extra briefs written by third parties known as amici curiae. He examines the rare occasions on which the Court allows these extra groups to participate not just by filing briefs but by appearing before the Court during oral arguments. By tracing how these groups influence the justices' behavior, Rober


Book
Collective actions : enhancing access to justice and reconciling multilayer interests?
Authors: --- ---
ISBN: 1139411675 1107231574 1280683082 9786613660022 1139423061 1139420046 1139109383 113942209X 1139418009 1139424130 9781139422093 9781139424134 9781139109383 9781107021549 1107021545 9781139420044 9781107536258 1107536251 Year: 2012 Publisher: Cambridge ; New York : Cambridge University Press,

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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.

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