The Vital Role of Private Antitrust Enforcement In The U.S. Commentary on the 2019 Antitrust Annual Report: Class Action Filings In Federal Court

2021 ◽  
Author(s):  
American Antitrust Institute
Keyword(s):  
Annual Report ◽  
Federal Court ◽  
Vital Role ◽  
Class Action ◽  
Antitrust Enforcement ◽  
The U.S

Archiving affect and activism: Hashtag feminism and structures of feeling in Women's March tweets

First Monday ◽  
2021 ◽  
Author(s):  
Kristi McDuffie ◽  
Melissa Ames
Keyword(s):  
Personal Narratives ◽  
Vital Role ◽  
Rhetorical Strategies ◽  
Affective Outcomes ◽  
The Social ◽  
Cultural Climate ◽  
Structures Of Feeling ◽  
Raymond Williams ◽  
The U.S

On 21 January 2017, over three million women participated in the Women’s March throughout the U.S., one day after President Donald Trump’s inauguration. This article investigates the digital component of this historic protest as a powerful moment of hashtag feminism, one that exemplifies the vital role of affect in contributing to social change. Through qualitative analysis of 2,600 #WhyIMarch tweets from the day of the March, we identify the rhetorical strategies that best leverage affect to further the social justice goals of the March — dedications, personal narratives, the use of first-person, and the use of humor — and describe the affective outcomes of these strategies, including motivational affect, vicarious affect, and collective affect. Using Raymond Williams’ concept of “structures of feeling,” we argue that these rhetorical strategies and their affective outcomes create a digital archive of affect that captures the cultural climate surrounding the Women’s March and mediates the way this cultural moment is affectively remembered. This study reveals that affect is vital for effective hashtag feminism

The Class Action as an Antitrust Enforcement Device: The Chicago Experience (I)

1976 ◽  
Vol 1 (3) ◽  
pp. 1021-1106 ◽  
Author(s):  
Benjamin S. DuVal
Keyword(s):  
Empirical Studies ◽  
Federal Court ◽  
Class Action ◽  
Judicial System ◽  
Antitrust Enforcement ◽  
Class Actions ◽  
The Common ◽  
Corporate Wrongdoing

The common question class action has been a source of division and controversy in the legal community. Hailed by its proponents as both a means for small claimants to obtain redress and a deterrent to corporate wrongdoing, the class action has been attacked by others as tantamount to “legalized blackmail” and as threatening to swamp the already overburdened judicial system with proceedings of extraordinary complexity. Two empirical studies of the class action have also reached diametrically opposed conclusions. A study by the American College of Trial Lawyers found that the common question class action suit “has mandated heavy expenditures of judicial time, effort and expense” and has sacrificed “procedural and substantive fairness to the party opposing the class,” while a study commissioned by the Senate Commerce Committee found that most class actions “proceed with reasonable smoothness in the Federal court.” Proposals to restrict the use of class actions have been advanced. While these proposals have not been adopted, the courts have increasingly limited the circumstances under which class actions may be maintained.

scholarly journals The Effectiveness of Private Enforcement and Class Actions to Secure Antitrust Enforcement

2017 ◽  
Vol 62 (3) ◽  
pp. 603-637
Author(s):  
Žygimantas Juška
Keyword(s):  
Class Action ◽  
The Other ◽  
Antitrust Enforcement ◽  
Negative Effects ◽  
The Public ◽  
Class Actions ◽  
Settlement Agreement ◽  
The One ◽  
Controversial Nature ◽  
The U.S

The U.S. system has relied heavily on antitrust class actions as a means of ensuring compensation and deterrence. Although this tool seems sensible in theory, the reality is that it remains highly controversial. On the one hand, commentators argue that class actions force defendants to settle cases lacking merit. Even if a settlement agreement is assumed to have a merit, class actions are accused of doing a poor job in compensating victims and deterring wrongdoers. On the other hand, the proponents of class actions claim that there is no reliable empirical evidence proving that class action schemes caused negative effects on antitrust litigation. The public debate about the effectiveness of class actions illustrate the controversial nature of American class actions fairly well. Therefore, using comparative insights from the predominant controversies, this study will determine how well antitrust class actions fulfill compensation objectives and to what extent they can facilitate deterrence.

scholarly journals Securities Class Actions Move North: A Doctrinal and Empirical Analysis of Securities Class Actions in Canada

2010 ◽  
pp. 881 ◽  
Author(s):  
A.C. Pritchard ◽  
Janis P. Sarra
Keyword(s):  
Case Law ◽  
The United States ◽  
Class Action ◽  
Secondary Market ◽  
Considerable Uncertainty ◽  
Class Actions ◽  
Market Class ◽  
Comparative Examination ◽  
The U.S

The article explores securities class actions involving Canadian issuers since the provinces added secondary market class action provisions to their securities legislation. It examines the development of civil liability provisions, and class proceedings legislation and their effect on one another. Through analyses of the substance and framework of the statutory provisions, the article presents an empirical and comparative examination of cases involving Canadian issuers in both Canada and the United States. In addition, it explores how both the availability and pricing of director and officer insurance have been affected by the potential for secondary market class action liability. The article suggests that although overall litigation exposure for Canadian companies remains relatively low when compared to their U.S. counterparts, Canadian issuers that have listed their shares in the U.S. face considerable uncertainty as to the extent of their exposure to securities class actions. Through analysis of case law in both jurisdictions, the article highlights the crucial role of liability caps relating to costs in the decision of which jurisdiction to file suit.

Asiana Airlines Flight 214

2014 ◽  
Vol 4 (2) ◽  
pp. 113-121 ◽  
Author(s):  
Stephanie Chow ◽  
Stephen Yortsos ◽  
Najmedin Meshkati
Keyword(s):  
Human Factors ◽  
Aviation Safety ◽  
Cultural Factors ◽  
Vital Role ◽  
Cultural Issues ◽  
Flight Crew ◽  
Pilot Performance ◽  
Engineering Designs ◽  
Flight Deck

This article focuses on a major human factors–related issue that includes the undeniable role of cultural factors and cockpit automation and their serious impact on flight crew performance, communication, and aviation safety. The report concentrates on the flight crew performance of the Boeing 777–Asiana Airlines Flight 214 accident, by exploring issues concerning mode confusion and autothrottle systems. It also further reviews the vital role of cultural factors in aviation safety and provides a brief overview of past, related accidents. Automation progressions have been created in an attempt to design an error-free flight deck. However, to do that, the pilot must still thoroughly understand every component of the flight deck – most importantly, the automation. Otherwise, if pilots are not completely competent in terms of their automation, the slightest errors can lead to fatal accidents. As seen in the case of Asiana Flight 214, even though engineering designs and pilot training have greatly evolved over the years, there are many cultural, design, and communication factors that affect pilot performance. It is concluded that aviation systems designers, in cooperation with pilots and regulatory bodies, should lead the strategic effort of systematically addressing the serious issues of cockpit automation, human factors, and cultural issues, including their interactions, which will certainly lead to better solutions for safer flights.

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