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The Class Action In Common Law Legal Systems

RRP $178.00

Multi-party litigation is a world-wide legal process, and the class action device is one of its best-known manifestations. As a means of providing access to justice and achieving judicial economies, the class action is gaining increasing endorsement - particularly given the prevalence of mass consumerism of goods and services, and the extent to which the activities and decisions of corporations and government bodies can affect large numbers of people. The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. While the United States model is the most longstanding, there have now been sufficient judicial determinations under each of the studied jurisdictions to provide a constructive basis for comparison. In the context of the drafting and application of a workable class action framework, it is apparent that similar problems have been confronted across these jurisdictions, which in turn promotes a search for assistance in the experience and legal analysis of others. The book is presented in three Parts. The first Part deals with the class action concept and its alternatives, and also discusses and critiques the stance of England where the introduction of the opt-out class action model has been opposed. The second Part focuses upon the various criteria and factors governing commencement of a class action (encompassing matters such as commonality, superiority, suitability, and the class representative). Part 3 examines matters pertaining to conduct of the action itself (such as becoming a class member, notice requirements, settlement, judgments, and costs and fees). The book is written to have practical utility for a wide range of legal practitioners and professionals, such as: academics and students of comparative civil procedure and multi-party litigation; litigation lawyers who may use the reference materials cited to the benefit of their own class action clients; and those charged with law reform who look to adopt the most workable (and avoid the unworkable) features in class action models elsewhere.


There Ought To Be A Law...

RRP $14.99

...Or Should There? We take for granted that laws are a necessary part of society. But does everything need to be regulated? Do more laws make us more secure? Happier? Or do they just grow government? This little booklet, clearly written by a fiscal conservative, takes a look at a number of important and economic and governmental topics. It is intentionally brief - serving to make a number of very quick but important points! Whether you are a liberal wondering what makes conservatives tick, or are a conservative looking for a short booklet to give your liberal friends, this may be just the book for you. {This booklet may also be found in Catherine's "Conservative Primer on Government and Economics," along with her "Notes on Notes from Frederick Bastiat's Political Economy Essays."}


Takeover Law In The Eu And The Usa

RRP $463.99

The societal benefits of takeoversandndash;in the form of enhanced competition and productivityandndash;have been well documented. Moreover, many scholars believe that the very possibility of a hostile takeover urges incumbent management to be more productive, thus ultimately enhancing shareholder welfare.

Starting from such premises as these, Dr. Forstinger offers an in-depth comparative analysis of takeover law as it exists in the United States and as it is currently developing in Europe. The latter emphasizes the failed takeover directive of 2001, as its content is already determining new proposals currently in preparation.

Among the salient topics that arise in the course of the discussion are the following:

  • the conflicting interests of the various stakeholders-shareholders, managers, employees, creditors, governments, 'raiders', and others;
  • the state competition question from the U.S. perspective and the prospects of a market for incorporations in the EU;
  • the tension between harmonization and regulatory competition in context with takeover laws; and
  • the focus on current takeover regulation in the UK, Germany and Austria.

    The study concludes with recommendations for reflexive harmonization of takeover law in the European Union responding to the complex needs of the diverse corporate law systems of the member states. All company lawyers and corresponding regulators--especially but not exclusively in Europe--will appreciate the clear scholarship and thought that are apparent in this very current book.


    True Democracy - A New System Of Government For The World

    RRP $13.99

    This book discusses the flaws of existing world order and government systems (including the so called democratic governments of India, USA, UK, etc.) and lays down the framework for a truly democratic system of government for the world where every individual has an equal say in decision making processes and an equal share in government revenue utilization, and where religion has no role in government or administration. This is a revolutionary book which will change the reader's perception about existing systems of government and world order.


    A History Of Private Law In Europe

    RRP $258.95

    In this book Franz Wieacker tells how legal thinking, writing and teaching started in Europe and how it developed. He begins in the High Middle Ages and describes how the Glossators laid down the foundations by applying methodical criticism and exegesis to the Digest of Justinian. As Reinhard Zimmermann's foreword shows, Wieacker's way of telling the history of European legal thought from its origins in medieval Bologna down to the present day and of elucidating the intellectual conditions for its development is a stunning achievement. One of the great strengths of the book lies in its demonstration of the constant interaction between the thinking of lawyers and the general philosophical ideas of their time: between Scholasticism and medieval legal science, between the enlightenment and the Law of Reason, between Classicism (and Romanticism) and Savigny's Historical School of Law. It is hardly surprising that so ambitious and erudite a work should have become a classic since 1952, when it was first published in German. Now Tony Weir's brilliant translation makes the seond and final edition accessible to English-speaking scholars the world over.



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