Jump to ContentJump to Main Navigation
The Conservative Case for Class Actions$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 18 May 2022

The Conservative Case against Private Enforcement

The Conservative Case against Private Enforcement

(p.48) Chapter Four The Conservative Case against Private Enforcement
The Conservative Case for Class Actions

Brian T. Fitzpatrick

University of Chicago Press

This chapter canvasses the major arguments made by conservatives, libertarians, and business interests against private enforcement of the law. Some opposition is due not so much to who the enforcer is, but to the underlying laws being enforced. But some opposition comes from skepticism about profit-motivated lawyers, capture of courts by plaintiffs and their lawyers, and the lack of accountability of private lawyers. This chapter argues that this opposition is unduly pessimistic, especially when the private attorney general is compared to government lawyers.

Keywords:   conservative, libertarian, private attorney general, profit-motivated, lawyers, capture

Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.