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edition:Paperback
category: Law
published: Jan 2003
ISBN:9781552210802
publisher: Irwin Law Inc.

Theory of Class Actions

by Craig Jones, foreword by David Rosenberg

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torts, civil procedure
0 of 5
0 ratings
rated!
rated!
list price: $60.00
edition:Paperback
category: Law
published: Jan 2003
ISBN:9781552210802
publisher: Irwin Law Inc.
Description

In Theory of Class Actions, Craig Jones provides a complete and comprehensive defence of the use of the class action for the resolution of mass tort claims. He explodes several popular myths regarding class actions including the notions that they infringe on litigative autonomy, they "blackmail" defendants, they pay too much to lawyers, and they are only effective for numerous, low-value claims. Jones argues that legislatures', and more particularly courts', use of the device has been haphazard, unprincipled, and in large measure ineffective at realizing the principle functions of tort law—reduction of the overall costs of accidents through optimal deterrence and compensation. In response he sets out principles that might be followed by courts or legislatures in assessing the certification of proposed class actions, and in designing procedures to facilitate optimal realization of policy goals.

About the Authors
Craig Jones, QC, BGS, LLB, LLM, holds law degrees from UBC and Harvard Law School. For six years he was the lead constitutional litigator for the Attorney General of British Columbia, where he argued a series of significant cases including the Safe Injection Site appeal, the Polygamy Reference, and challenges to the Braidwood Taser Inquiry. He is now a professor of law at Thompson Rivers University. He is the author of four books and dozens of articles on legal subjects.
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David Rosenberg is Lee S. Kreindler Professor of Law at Harvard Law School.
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Awards
  • Short-listed, Walter Owen Book Prize
Editorial Review

"This book achieves a new intellectual plateau in our understanding of the nexus between the systems of production and justice. It reorients and advances the agenda for research and the terms of debate on mass tort class actions. ...[Jones's] analysis, findings, and proposals will advance thinking on mass tort class actions worldwide... The book breaks new ground both in substance and methodology."

— Professor David Rosenberg, Harvard Law School

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The Law of Large-Scale Claims

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