Entrepreneurial Litigation: Its Rise, Fall, and Future
| Author | : | |
| Rating | : | 4.60 (633 Votes) |
| Asin | : | 0674736796 |
| Format Type | : | paperback |
| Number of Pages | : | 320 Pages |
| Publish Date | : | 2013-04-23 |
| Language | : | English |
DESCRIPTION:
(C. Rakoff New York Review of Books 2015-11-19)This complicated subject matter will be appreciated by those who desire an in-depth review of this narrow topic and are interested in a critical perspective and call for reform that the author touts as absent in the literature. Not only is the book more comprehensive than prior studies of class actions, it also probes more deeply, placing today’s class actions firmly within the setting of the modern trend toward turning the practice of law ever more into a business. Jack Coffee is the
"Five Stars" according to Erico Carvalho. A must read. This is a timely and insightful analysis of some of This is a timely and insightful analysis of some of the unique characteristics of American litigation today, how it got that way, and where it may(and perhaps should) be going. There is plenty to engage with here, as much for historians and political scientists, as for lawyers, judges, and legal academics.The first chapter alone, a tour . Jeffrey Cass said Five Stars. Haven't quite finished it. Must reading if you're a lawyer
. Coffee, Jr., is the Adolf A. Berle Professor of Law and Director of the Center on Corporate Governance at Columbia Law School. John C
His goal is to save the class action, not discard it, and to make private enforcement of law more democratically accountable. And because class litigation aggregates many claims, defendants object that its massive scale amounts to legalized extortion. Yet, without such devices as the class action and contingent fees, many meritorious claims would never be asserted.John Coffee examines the dilemmas surrounding entrepreneurial litigation in a variety of specific contexts, including derivative actions, securities class actions, merger litigation, and mass tort litigation. Uniquely in the United States, lawyers litigate large cases on behalf of many claimants who could not afford to sue individually. Taking a global perspective, he also considers the feasibility of exporting a modified form of entrepreneurial litigation to other countries that are today seeking a mechanism for aggregate representation.. In an evenhanded account, Coffee assesses both the strengths and weaknesses of entrepreneurial litigation and proposes a number of reforms to achieve a fairer balance. In these class actions, attorneys act typically as risk-taking entrepreneurs, effectively hiring the client rather than acting as the client’s agent. His concise history traces how practices developed since the early days of the Republic, exploded at the end of the twentieth century, and then waned as Supreme Court decisions and legislation sharply curtailed the reach o