Entrepreneurial Litigation: Its Rise, Fall, and Future PDF
Preview Entrepreneurial Litigation: Its Rise, Fall, and Future
ENTREPRENEURIAL LITIGATION E N T R E P R E N E U R I A L L I T I G AT I O N ITS RISE, FALL, AND FUTURE JOHN C. COFFEE, JR. kl HARVARD UNIVERSITY PRESS Cambridge, Massachusetts London, En gland 2015 Copyright © 2015 by the President and Fellows of Harvard College All rights reserved Printed in the United States of America First printing Library of Congress Cataloging- in- Publication Data Coff ee, John C., 1944– Entrepreneurial litigation : its rise, fall, and future / John C. Coff ee, Jr. pages cm Includes bibliographical references and index. ISBN 978-0-674-73679-5 (alk. paper) 1. Class actions (Civil procedure)— United States. I. Title. KF8896.C64 2015 347.73'53— dc23 2014042252 Th is book is dedicated to my two favorite scholars: Dr. Jane P. Coff ee and Dr. Megan P. Coff ee CONTENTS PART ONE ENTREPRENEURIAL LITIGATION: A UNIQUELY AMERICAN CONCEPT 1 1 Litigation and Democracy 9 2 Th e Origins of Entrepreneurial Litigation 18 PART TWO THE RISE OF THE ENTREPRENEURIAL LITIGATOR 31 3 Th e Derivative Action 33 4 Th e Emergence of the Class Action 52 5 Merger and Acquisition Class Actions: Litigation on Ste roids 86 6 Th e Mass Tort Class Action: Quick Rise, Faster Fall 95 viii CONTENTS PART THREE THE SEARCH FOR REFORM 119 7 A Prelude to Class Action Reform 125 8 Th e Needed Reforms 154 9 Public Enforcement and the Private Attorney General 174 PART FOUR THE FUTURE 195 10 Th e Globalization of the Class Action: Can the Private Attorney General Be Exported? 197 11 Conclusion: Toward a Semiprivate Attorney General 219 Notes 237 Figure and Table Credits 297 Index 299 ENTREPRENEURIAL LITIGATION
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