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Collective Actions: Enhancing Access to Justice and by Stefan Wrbka, Steven Van Uytsel, Mathias Siems

By Stefan Wrbka, Steven Van Uytsel, Mathias Siems

This quantity of essays attracts jointly learn on sorts of collective activities: workforce activities, consultant activities, try out case methods, by-product activities and sophistication activities. the focus is on how those activities can improve entry to justice and on easy methods to stability the pursuits of personal actors in preserving their rights with the pursuits of society as an entire. instead of targeting collective activities basically as a procedural equipment consistent with se, the participants to this publication additionally learn how those mechanisms relate to their broader social context. Bringing jointly a vast variety of scholarship from the parts of festival, shopper, environmental, corporation and securities legislations, the ebook comprises contributions from Asian, eu and North American students and as a result expands the scope of the conventional ecu and/or American debate.

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Cort´es, Online Dispute Resolution for Consumers in the European Union (New York: Routledge, 2011); J. H¨ornle, Cross-border Internet Dispute Resolution (Cambridge University Press, 2009). 12 access to justice and collective actions collective action instruments is diverse, the instruments are united by a common denominator: To some extent (at least theoretically) they all are used to satisfy the needs of multilayer interests. No matter which of these collective redress tools are used, the central questions remain the same: Theoretically speaking, those mechanisms should facilitate equal access to justice for multilayer interests, but to what extent and under what conditions is this really true?

Galanter, ‘Why the “Haves” Come out Ahead: Speculations on the Limits of Legal Change’, Law and Society Review, 9 (1974), 95, reprinted (with corrections) in R. ), Law and Society (Aldershot: Dartmouth, 1994), pp. 165–230; M. Galanter, ‘Afterword: Explaining Litigation’, Law and Society Review, 9 (1974), 347. 24 Galanter, ‘Afterword’, 347. 25 Galanter, ‘Afterword’, 347. 26 Cappelletti and Garth, ‘General Report’, 18. 27 Cappelletti and Garth, ‘General Report’, 18. 6 access to justice and collective actions not contribute to the lawsuit, but cannot be excluded from the benefits, the other interested persons may not be willing to aggregate their claims.

Kan. Dist. Ct. Ed. J. JJ. D. Pa. Mass. Super. Ct. MDL Me. Super Ct. Cumberland Co. Mich. Cir. Ct. Minn. Dist. Ct. MITI MOJ n. D. D. Cal. D. Ill. D. Ind. W. Y. S. NGO No. NOAA NPO OECD OFT OJ OPA OPEC abbreviations Junior Vietnamese Judicial Reform Strategy Kabushiki Kaisha (Japanese stock corporation) District Court of Kansas Gesetz zur Kontrolle and Transparenz im Unternehmensbereich (German Corporate Sector Supervision and Transparency Act) Lawyers Edition Lord Justice of Appeal Lords Justice of Appeal Liquid Crystal Display Limited Liability Company Law on Enterprise Liquefied Petroleum Gas Limited Pennsylvania Middle District Court Massachusetts Superior Court Multidistrict Litigation Main Superior Court Cumberland County Michigan Circuit Court Minnesota District Court Japan’s Ministry of Industry and Trade Ministry of Justice Note Northern District Northern District Court of California Northern District Court of Illinois Northern District of Indiana North Western Reporter New York New York Supplement (Law Reports) non-governmental organization Number National Oceanic and Atmospheric Administration nonprofit organization Organisation for Economic Co-operation and Development Office of Fair Trading Official Journal Oil Pollution Act Organization of the Petroleum Exporting Countries abbreviations p.

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