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The Conservative Case for Class Actions - Chicago Scholarship Online
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The Conservative Case for Class Actions

Brian T. Fitzpatrick


This book argues that political conservatives and libertarians should embrace class action lawsuits as the best way to police the marketplace. Contrary to common misperceptions, conservatives and libertarians believe that markets need some rules to form and work well. This raises the question of who is best to enforce the rules? The government? Or the injured persons themselves? Drawing on the theory of privatization, the book shows that, for all the same reasons they prefer private-sector solutions to other problems, they should prefer the so-called “private” attorney general over the public ... More

Keywords: class action, conservative, libertarian, privatization, lawyers, empirical, meritless, fees, deterrence, private attorney general

Bibliographic Information

Print publication date: 2019 Print ISBN-13: 9780226659336
Published to Chicago Scholarship Online: May 2020 DOI:10.7208/chicago/9780226659473.001.0001


Affiliations are at time of print publication.

Brian T. Fitzpatrick, author
Vanderbilt University