scholarly journals The Role of Opt-Outs and Objectors in Class Action Litigation: Theoretical and Empirical Issues

Author(s):  
Theodore Eisenberg ◽  
Geoffrey P. Miller
Keyword(s):  
2013 ◽  
Vol 39 (2-3) ◽  
pp. 442-470
Author(s):  
Lara Khoury ◽  
Marie-Eve Couture-Ménard ◽  
Olga Redko

Can private law litigation serve as a tool for advancing public health objectives? With this contentious and oft-asked question in mind, we tackle Canada's recent tobacco litigation. This Article first presents critical commentary regarding various lawsuits waged against Canadian cigarette manufacturers by citizens acting as individuals or as parties to class action lawsuits. We then turn to analyze how Canada's provincial governments rely on targeted legislation to facilitate private law recourses for recouping the healthcare costs of treating tobacco-related diseases. We address challenges to the constitutionality of this type of legislation, as well as attempts by manufacturers to transfer responsibility to the federal government.Canadian litigation in this field is nothing like that of the United States with regards to both the volume and variety of its individual and class action litigation claims. This is also true with regard to the stage of advancement of governmental claims in Canada. Nevertheless, particularities of the Canadian context may provide interesting contrast with the situation in the United States.


1993 ◽  
Vol 18 (04) ◽  
pp. 605-627 ◽  
Author(s):  
Robert L. Kidder ◽  
Setsuo Miyazawa

Japan's reputation for unusually strong emphasis on the avoidance of public conflict and therefore for deemphasis of legal institutions suggests an arid, hostile environment for litigators, especially those who lack substantial resources. In a study of a quasi-class action lawsuit by Japanese air pollution victims, we find that litigation can be developed as a tool in the pursuit of a social movement's wider objectives despite the paucity of resources within the Japanese legal system. Our research documents the many ways in which the delays, obstacles, and costs that characterize the litigation environment in Japan have been either neutralized or turned to the advantage of a social movement because of its commitment to longer-term political objectives rather than short-term victories. The special role of professions in general, and the legal profession in particular, in such litigation combines with class-oriented social movements to produce a political/legal pattern that is neither traditionally harmonious nor a conflict “difficult to contain.”


2002 ◽  
Vol 30 (2) ◽  
pp. 224-238 ◽  
Author(s):  
Peter D. Jacobson ◽  
Soheil Soliman

An ongoing debate among legal scholars and public health advocates is the role of litigation in shaping public policy. For the most part, the debate has been waged at a conceptual level, with opponents and proponents arguing within fairly well-defined boundaries. The debate has been based either on speculation of what litigation could achieve or on ideological grounds as to why litigation should or should not be used this way. With the exception of Rosenberg's study of how litigation shaped policy in civil rights, abortion, and environmental matters, there is almost no empirical support for either position.In recent years, the most ardent proponents of litigation as public policy have been public health advocates. Perhaps out of frustration with the inability to achieve desired public health goals through the legislative branch of government, public health advocates have pursued litigation as an alternative strategy. Beginning with tobacco class action litigation in the early 1990s and continuing with litigation against gun manufacturers at the end of that decade, public health advocates have waged a veritable litigation assault aimed at changing how public health policy is formed.


2019 ◽  
Vol 2 (6) ◽  
pp. 354
Author(s):  
Ani Bodedarsyah ◽  
Rita Yulianti

Cognitive development is an important aspect. One of them is the ability to think symbolically. To improve the ability of symbolic thinking of early childhood certainly cannot be separated from the role of educators. Indicators of cognitive development that must be achieved by children aged 4-5 years are: numbers 1-10, recognizing the concept of numbers, recognizing the symbol of numbers, and recognizing the symbol of letters. For this reason, it is appropriate for educators to work hard to improve the ability to think symbolically in early childhood by providing stimulation through appropriate learning media like children, one of which is the media learning of dimples. This research was conducted with a class action research method. From the two cycles that have been done show the results that there is an increase in the ability of symbolic thinking in early childhood group A using the media learning dimples.Perkembangan kognitif merupakan aspek yang tidak kalah penting. Salah satunya  adalah kemampuan berpikir simbolik. Untuk meningkatkan kemampuan berpikir simbolik anak usia dini tentu tak lepas dari peranan pendidik. Indikator perkembangan kognitif yang harus dicapai anak usi 4-5 tahun adalah: membilang  benda 1-10, mengenal konsep bilangan, mengenal lambang bilangan, dan mengenal lambang huruf. Untuk itu sudah selayaknya pendidik berusaha dengan keras untuk meningkatkan kemampuan berpikir simbolik anak usia dini dengan cara memberikan stimulasi melalui media pembelajaran yang tepat bagai anak, salah satunya adalah media pembelajaran lesung angka. Penelitian ini dilakukan dengan metode peneletian tindakan kelas. Dari dua siklus  yang telah dilakukan menunjukkan hasil bahwa terdapat peningkatan kemmapuan berpikir simbolik pada anak usia dini kelompok A dengan menggunakan media pembelajaran lesung angka.


Author(s):  
Warsito Warsito

<p>This study aims to: (a) record the improvement of student achievement by applying the Active Knowledge Sharing Learning method; and (b) understand the effect of student learning motivation by applying the Active Knowledge Sharing Learning method. This research used class action research in three rounds. Each round consists of design, activities and observations, reflection, and revision. The onjectt of this research is student of the XII-IPA-1 Class at SMA Negeri 2 Madiun City in Academic Year 2019/2020. The data obtained by using formative test and observation.  Results of the study reveal that the student learning achievement had increased from cycle I to cycle III, are cycle I (69.66%), cycle II (74.53%), and cycle III (83.09%). This study concluded that applying the Active Knowledge Sharing Learning method has a positive effect on the achievement and learning motivation for student.</p>


2018 ◽  
Vol 9 (1) ◽  
pp. 51
Author(s):  
Resmiyati Resmiyati

Abstrak: Penelitian ini untuk mengungkapkan peran Bagaimana Pendekatan Eksplorasi Pustaka dapat meningkatkan ketrampilan menulis pada siswa kelas IV di SDN Gunung Agung,  Kecamatan Pringgarata,  Kabupaten Lombok Tengah tahun 2014/2015. Menggunakan pendekatan deskriptif kualitatif jenis penelitia tindakan kelas dua siklus, pengumpulan data dengan metode tes, pustaka, observasi, dan dokumentasi. Diperoleh hasil, yaitu: Kategori A mengalami kenaikan 4%. Kategori B mengalami kenaikan 35%. Kategori C mengalami kenaikan 10%. Kategori D mengalami penurunan 46%. Kategori E mengalami penurunan 4%. Kesimpulan bahwa Kegiatan Eksplorasi Pustaka dapat meningkatkan kemampuan menulis dalam Peembelajaran Bahasa Indonesia bagi siswa kelas IV SDN Gunung Agung Tahun 2014/2015.Abstract:  This research is to reveal the role of How Exploration Approach Pustaka can improve writing skills in fourth grade students in Gunung Agung Elementary School, District Pringgarata, Central Lombok regency 2014/2015. Using a qualitative descriptive approach type of second class action research cycle, data collection by test method, library, observation, and documentation. The results obtained, namely: Category A has increased 4%. Category B increased 35%. Category C has increased 10%. Category D has decreased by 46%. Category E has decreased by 4%. Conclusion that Activity Exploration Pustaka can improve writing skill in Indonesian Language Learning for grade 4 student of SDN Gunung Agung Year 2014/2015.


2020 ◽  
Vol 2 (1) ◽  
pp. 1-12
Author(s):  
Kurniawan Prambudi Utomo ◽  
Fahmi Kamal

This research was conducted to form one part of national education and improve the culture of literacy among vocational students who are effective and efficient as well as to train intelligence and the ability to manage emotionally elegant so that it is expected to prepare future leaders. The purpose of this research is to examine the variables of political culture material with the method while the methodology of this research is Classroom Action Research (CAR) or Classroom Action Research. This class action research is a form of self-reflection carried out by researchers that are seen in the situation under study aimed at improving the quality of learning, as well as to improve the performance of the education system using a qualitative approach, the time of the implementation of this study was carried out for three months, namely in  June - September 2017 and the results of the study concluded that in the early stages of the cycle the increase in student understanding reached 62.5% and considered sufficient to understand while the research in the final cycle, after the given direction, and ability, students showed the role of some students quite significant, reaching 22.5% of students so that the understanding of political culture debate reached 100%.


2015 ◽  
Vol 58 (4) ◽  
pp. 747-778 ◽  
Author(s):  
Dain C. Donelson ◽  
Justin J. Hopkins ◽  
Christopher G. Yust

Sign in / Sign up

Export Citation Format

Share Document