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The Conservative Case for Class Actions$
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Brian T. Fitzpatrick

Print publication date: 2019

Print ISBN-13: 9780226659336

Published to Chicago Scholarship Online: May 2020

DOI: 10.7208/chicago/9780226659473.001.0001

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The Conservative Case for Private Enforcement

The Conservative Case for Private Enforcement

(p.29) Chapter Three The Conservative Case for Private Enforcement
The Conservative Case for Class Actions

Brian T. Fitzpatrick

University of Chicago Press

Markets need rules. Who is the best policeman? Drawing on the work of Gary Becker and George Stigler, as well as conservative and libertarian theories of privatization from the “Chicago School” and “Austrian School” of economics, this chapter argues that the private attorney general is better than the public attorney general. Relying on private lawyers means smaller government and more self help. Moreover, private lawyers should outperform government lawyers because they are profit motivated, have superior resources, are less prone to capture by special interests, and less centralized. This is not just theory: it is confirmed by empirical studies.

Keywords:   conservative, libertarian, privatization, Gary Becker, George Stigler, empirical, private attorney general, Chicago School, Austrian School

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