This chapter offers a deeper look into reforms in England and Wales. It describes the technical language of class actions as civil procedures that uncover the politics and economic interests involved in reform processes. It reviews debates over class action that have been divided along ideological lines, with conservative forces and corporate lobbies seeking to restrict the expansion and delimit the purview of the legal vehicle and progressive forces seeking to introduce and expand their scope. The chapter examines the redistributive feature of class actions and their effectiveness in vindicating the rights of harmed people against largely corporate misbehaviour on a mass scale. It discusses the political and economic interests that have animated discourse and reforms, including the ways in which such interests have perpetuated misconceptions and misinformation about class actions.
{"title":"Uncovering the Politics of Class Actions","authors":"Michael Molavi","doi":"10.2307/j.ctv1ghv4h0.7","DOIUrl":"https://doi.org/10.2307/j.ctv1ghv4h0.7","url":null,"abstract":"This chapter offers a deeper look into reforms in England and Wales. It describes the technical language of class actions as civil procedures that uncover the politics and economic interests involved in reform processes. It reviews debates over class action that have been divided along ideological lines, with conservative forces and corporate lobbies seeking to restrict the expansion and delimit the purview of the legal vehicle and progressive forces seeking to introduce and expand their scope. The chapter examines the redistributive feature of class actions and their effectiveness in vindicating the rights of harmed people against largely corporate misbehaviour on a mass scale. It discusses the political and economic interests that have animated discourse and reforms, including the ways in which such interests have perpetuated misconceptions and misinformation about class actions.","PeriodicalId":197774,"journal":{"name":"Collective Access to Justice","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122021743","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This chapter outlines the historical and comparative context of class actions that have developed since their modern origins in the United States. It traces the development of the United States as a first generation regime, followed by Canada and Australia as second generation regimes. It also examines the recent efforts to institute collective mechanisms and the ways in which these developments have progressed. The chapter focuses on first and second generation regimes for comparative insights in order to understand their influencing developments in England and Wales as a third generation regime. It illuminates and situates developments in a broader historical and comparative perspective to provide a better sense of the lineage of the vehicle and the extent to which extant developments in England and Wales are falling short of their access to justice potential.
{"title":"Class Actions in Historical and Comparative Perspective","authors":"Michael Molavi","doi":"10.2307/j.ctv1ghv4h0.6","DOIUrl":"https://doi.org/10.2307/j.ctv1ghv4h0.6","url":null,"abstract":"This chapter outlines the historical and comparative context of class actions that have developed since their modern origins in the United States. It traces the development of the United States as a first generation regime, followed by Canada and Australia as second generation regimes. It also examines the recent efforts to institute collective mechanisms and the ways in which these developments have progressed. The chapter focuses on first and second generation regimes for comparative insights in order to understand their influencing developments in England and Wales as a third generation regime. It illuminates and situates developments in a broader historical and comparative perspective to provide a better sense of the lineage of the vehicle and the extent to which extant developments in England and Wales are falling short of their access to justice potential.","PeriodicalId":197774,"journal":{"name":"Collective Access to Justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130688647","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This chapter delves into one of the strongest arguments in favour of the access to justice potential of class actions, which can be found in the rational choice theory of orthodox economics. It explains the economic access to justice framework that is based on the recognition that the class action allows the pursuit of claims that would not be pursued by rational actors. It also talks about how class actions allow the pursuit of negative value claims or claims in which the value of the claim is outweighed by the costs of its pursuit. The chapter elaborates how allowing for ideological representatives to advance claims on behalf of harmed groups can contribute towards preventing injustices by deterring misconduct by potential wrongdoers. It explores important issues pertaining to the economics of class actions that impact the access to justice and are achieved through mass litigation.
{"title":"Understanding the Economics of Class Actions","authors":"Michael Molavi","doi":"10.2307/j.ctv1ghv4h0.8","DOIUrl":"https://doi.org/10.2307/j.ctv1ghv4h0.8","url":null,"abstract":"This chapter delves into one of the strongest arguments in favour of the access to justice potential of class actions, which can be found in the rational choice theory of orthodox economics. It explains the economic access to justice framework that is based on the recognition that the class action allows the pursuit of claims that would not be pursued by rational actors. It also talks about how class actions allow the pursuit of negative value claims or claims in which the value of the claim is outweighed by the costs of its pursuit. The chapter elaborates how allowing for ideological representatives to advance claims on behalf of harmed groups can contribute towards preventing injustices by deterring misconduct by potential wrongdoers. It explores important issues pertaining to the economics of class actions that impact the access to justice and are achieved through mass litigation.","PeriodicalId":197774,"journal":{"name":"Collective Access to Justice","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131092027","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This chapter begins by elaborating England and Wales's need for increasing access to justice. It notes the observance of justice stakeholders that the capacity of people to access justice is paramount in a democracy governed by the rule of law. It also discusses the Competition Appeal Tribunal, which was a legislation introduced in Parliament on 23 January 2014 and is considered the only area where class actions are available. The chapter explains the decision of England and Wales to introduce class actions on a sectoral basis, rather than using a generic or trans-substantive approach, which is in contrast to other regimes and well-established principles of civil procedure since the 1870s. It discusses claims that are covered in the Competition Appeal Tribunal which remain unfulfilled in every other area of law.
{"title":"Collective Access to Justice","authors":"Michael Molavi","doi":"10.2307/J.CTV1GHV4H0","DOIUrl":"https://doi.org/10.2307/J.CTV1GHV4H0","url":null,"abstract":"This chapter begins by elaborating England and Wales's need for increasing access to justice. It notes the observance of justice stakeholders that the capacity of people to access justice is paramount in a democracy governed by the rule of law. It also discusses the Competition Appeal Tribunal, which was a legislation introduced in Parliament on 23 January 2014 and is considered the only area where class actions are available. The chapter explains the decision of England and Wales to introduce class actions on a sectoral basis, rather than using a generic or trans-substantive approach, which is in contrast to other regimes and well-established principles of civil procedure since the 1870s. It discusses claims that are covered in the Competition Appeal Tribunal which remain unfulfilled in every other area of law.","PeriodicalId":197774,"journal":{"name":"Collective Access to Justice","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116549133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1992-12-31DOI: 10.46692/9781529210019.006
Patricia Ronan
The studies in this volume have discussed and presented new developments in the fields of multilingualism in Switzerland, English as a lingua franca and an international language in Switzerland, as well as English in education. The specific situation of Switzerland as a multilingual country, which itself has majority and minority languages with unequal degrees of representation, has been taken into account. It has also been shown that the status of English in Switzerland cannot be separated from the international importance of the English language and that both its international economic importance as well as positive attitudes towards English determine its use in Switzerland. This situation supports Mair’s (2002) assessment that the continued international spread of English is both a grassroots movement and driven by economic concerns.
{"title":"Conclusion","authors":"Patricia Ronan","doi":"10.46692/9781529210019.006","DOIUrl":"https://doi.org/10.46692/9781529210019.006","url":null,"abstract":"The studies in this volume have discussed and presented new developments in the fields of multilingualism in Switzerland, English as a lingua franca and an international language in Switzerland, as well as English in education. The specific situation of Switzerland as a multilingual country, which itself has majority and minority languages with unequal degrees of representation, has been taken into account. It has also been shown that the status of English in Switzerland cannot be separated from the international importance of the English language and that both its international economic importance as well as positive attitudes towards English determine its use in Switzerland. This situation supports Mair’s (2002) assessment that the continued international spread of English is both a grassroots movement and driven by economic concerns.","PeriodicalId":197774,"journal":{"name":"Collective Access to Justice","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1992-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117341632","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The methodology applied to obtain the Dashboard translates the information on the indicators identified by the Task Teams into a categorical assessment of ECOWAS country-level development performance over a given period. It also allows to analyze country performance across six thematic areas, namely: Economic Situation, Regional Integration, Health-Education, Employment-PovertyInequality, Demographic Dynamics, and Gender Equality; each of which is informed by indicators. The choice of these indicators considers three essential criteria: Relevance: These indicators make it possible to monitor and explain the socio-economic situation in the West African context and for which a quantitative performance threshold can be established. Quality and frequency: These indicators provide the most recent measurements (last five years) published by official sources. Coverage: Data on these indicators are available for all 15 countries in the region. However, a targeted indicator for which data are available for at least 80% of countries will be considered.
{"title":"Methodological Note","authors":"","doi":"10.2307/j.ctv1ghv4h0.10","DOIUrl":"https://doi.org/10.2307/j.ctv1ghv4h0.10","url":null,"abstract":"The methodology applied to obtain the Dashboard translates the information on the indicators identified by the Task Teams into a categorical assessment of ECOWAS country-level development performance over a given period. It also allows to analyze country performance across six thematic areas, namely: Economic Situation, Regional Integration, Health-Education, Employment-PovertyInequality, Demographic Dynamics, and Gender Equality; each of which is informed by indicators. The choice of these indicators considers three essential criteria: Relevance: These indicators make it possible to monitor and explain the socio-economic situation in the West African context and for which a quantitative performance threshold can be established. Quality and frequency: These indicators provide the most recent measurements (last five years) published by official sources. Coverage: Data on these indicators are available for all 15 countries in the region. However, a targeted indicator for which data are available for at least 80% of countries will be considered.","PeriodicalId":197774,"journal":{"name":"Collective Access to Justice","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130249989","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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