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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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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

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

Brian T. Fitzpatrick

Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226659473.003.0005

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

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