Class Actions, Compliance and Moral Cost

2011 ◽  
Vol 7 (2) ◽  
Author(s):  
Bruno Deffains ◽  
Dominique Demougin
Keyword(s):  
Consumer Surplus ◽  
Class Action ◽  
Competitive Environment ◽  
Care Level ◽  
Class Actions ◽  
Long Run ◽  
Short Run ◽  
Moral Cost ◽  
Efficient Care ◽  
Action Procedure

We study the effects of introducing class action lawsuits into a competitive environment where some firms have an intrinsic motivation to implement efficient care. The standard aggregation argument in favor of class action holds that there will be increasing efficiency due to lower litigation costs. In the short run, intrinsically motivated firms benefit from the introduction of a class action procedure. In the long run, new intrinsically motivated entrants are attracted into the market, thereby increasing consumer surplus. Overall, the average care level increases.

A Model of Queue Scalping

2021 ◽  
Author(s):  
Luyi Yang ◽  
Zhongbin Wang ◽  
Shiliang Cui
Keyword(s):  
Social Welfare ◽  
Service Provider ◽  
Operations Management ◽  
Consumer Surplus ◽  
System Throughput ◽  
Theoretic Model ◽  
Material Interest ◽  
Long Run ◽  
Short Run ◽  
Primary Service

Recent years have witnessed the rise of queue scalping in congestion-prone service systems. A queue scalper has no material interest in the primary service but proactively enters the queue in hopes of selling his spot later. This paper develops a queueing-game-theoretic model of queue scalping and generates the following insights. First, we find that queues with either a very small or very large demand volume may be immune to scalping, whereas queues with a nonextreme demand volume may attract the most scalpers. Second, in the short run, when capacity is fixed, the presence of queue scalping often increases social welfare and can increase or reduce system throughput, but it tends to reduce consumer surplus. Third, in the long run, the presence of queue scalping motivates a welfare-maximizing service provider to adjust capacity using a “pull-to-center” rule, increasing (respectively, reducing) capacity if the original capacity level is low (respectively, high). When the service provider responds by expanding capacity, the presence of queue scalping can increase social welfare, system throughput, and even consumer surplus in the long run, reversing its short-run detrimental effect on customers. Despite these potential benefits, such capacity expansion does little to mitigate scalping and may only generate more scalpers in the queue. Finally, we compare and contrast queue scalping with other common mechanisms in practice—namely, (centralized) pay-for-priority, line sitting, and callbacks. This paper was accepted by Victor Martínez de Albéniz, operations management.

Class Actions in the United States and Israel: A Comparative Approach

2018 ◽  
Vol 19 (1) ◽  
pp. 151-202 ◽  
Author(s):  
Alon Klement ◽  
Robert Klonoff
Keyword(s):  
United States ◽  
Subject Matter ◽  
The United States ◽  
Class Action ◽  
Comparative Approach ◽  
Common Features ◽  
Class Actions ◽  
Per Capita ◽  
The Many ◽  
Action Procedure

Abstract Unlike most countries, the United States and Israel have employed the class action procedure for decades. This Article compares the two countries’ class action regimes and examines how the device has evolved in those countries. It examines the current procedures, as well as proposed reforms. It also compares class action statistics in the two countries relating to filings and outcomes. We demonstrate the many common features between the United States and Israeli class action procedures. As we illustrate, these common features have led to robust class action practices in both countries. At the same time, there are profound differences between the types of class actions filed and their outcomes. Thus, while Israel has many more class actions than the United States on a per capita basis, the cases are much less consequential from a monetary and subject matter perspective. We explore possible explanations for these observations. Furthermore, this study identifies features — utilized by the United States and Israel — that can serve as models for other countries that are adopting or amending their own class action regimes.

scholarly journals Reforming New Zealand's Class Action Procedures to Enhance Efficiency and Improve Access to Justice

2021 ◽  
Author(s):  
Danielle Thorne
Keyword(s):  
New Zealand ◽  
Class Action ◽  
Access To Justice ◽  
Efficient Procedure ◽  
Legislative Reform ◽  
Class Actions ◽  
Opt Out ◽  
Action Type ◽  
Enhance Efficiency ◽  
Action Procedure

<b>Abstract </b><p>This thesis addresses the question of whether New Zealand should reform its class action procedures in order to better meet the class action objectives of efficiency and access to justice. Class actions are a mechanism whereby groups of claimants with the same or similar claims can band together and bring proceedings. The ability for groups of similarly affected claimants to bring proceedings together provides certain advantages, including efficiency (both judicial efficiency and cost efficiency) and access to justice (where there may otherwise be none). The existence of a class action mechanism can also have a regulatory effect and serve to discourage illegal or inappropriate conduct. </p> <b>Currently, New Zealand does not have a dedicated class actions regime, and instead operates a class action type procedure under r 4.24 of the High Court Rules (known as a representative action). A review of the New Zealand position in relation to r 4.24 indicates that while there is a substantial body of law relating to the use of the representative action procedure, the objectives of the representative action procedure are not being met. The lack of legislative guidance in relation to the representative action has created significant difficulties for claimants in New Zealand. </b><p>Reforming the New Zealand class action procedure through legislative reform would provide a more efficient procedure and enhance access to justice. Wholesale legislative reform in the form of a dedicated class actions statute would be the best way forward for New Zealand. Legislative reform would need to address particular issues that have arisen in Australia and Ontario, including issues associated with the same interest requirement, opt-in and opt-out mechanisms, settlement requirements and limitation periods. The experience in Ontario and Australia illustrates the importance of ensuring the legislation is as clear as possible, and learning from the experience in those jurisdictions is vital if the objectives of the class action procedure are to be met. </p>

Welfare Economic Principles of (Urban) Rail Network Pricing

2016 ◽  
pp. 161-171
Author(s):  
Jörg Schimmelpfennig
Keyword(s):  
Consumer Surplus ◽  
Welfare Economic ◽  
Railway Network ◽  
Rail Network ◽  
Marginal Costs ◽  
Long Run ◽  
Pricing Rules ◽  
Urban Rail ◽  
Short Run ◽  
Definition Of

The purpose of this chapter is to rectify the at best unprofessional intermingling of objectives and constraints and present a proper theory of first-best and second-best pricing in urban rail networks. First, in view of the flaws of both Dupuit's – though nevertheless ingenious idea of – consumer surplus as well its cannibalized version found in most of today's economics textbooks, a proper definition of economic welfare resting on Hicks'sian variations instead is provided. It is used to derive efficient pricing rules that are subsequently applied to specific questions arising from running an urban railway network such as overcrowding, short-run versus long-run capacity or competing modes of transport like the private motor car. At the same time, another look is taken at economic costs, and in particular economic marginal costs, differing from commercial or accounting costs. Among other things, it is shown that even with commercial marginal costs being constant first-best pricing might not necessarily be incompatible with a zero-profit budget.

scholarly journals Standing to Sue and Multiple Defendant Class Actions in Australia, Canada, and the United States

1969 ◽  
pp. 295
Author(s):  
Vince Morabito
Keyword(s):  
United States ◽  
The United States ◽  
Class Action ◽  
Appellate Courts ◽  
Class Actions ◽  
Action Procedure

Recent decisions by appellate courts in Australia, Canada, and the United States provide an ideal opportunity to explore an important issue concerning the class action procedure, which has been largely ignored by legal commentators in Australia and Canada and has received, in the author's opinion, inadequate attention in the United States. The issue in question concerns the availability of the class action device where the representative plaintiff is seeking to initiate a class proceeding against more than one defendant but does not have individual standing to sue all of the proposed defendants.

Welfare Economic Principles of (Urban) Rail Network Pricing

2020 ◽  
pp. 387-397
Author(s):  
Jörg Schimmelpfennig
Keyword(s):  
Consumer Surplus ◽  
Welfare Economic ◽  
Railway Network ◽  
Rail Network ◽  
Marginal Costs ◽  
Long Run ◽  
Pricing Rules ◽  
Urban Rail ◽  
Short Run ◽  
Definition Of

The purpose of this chapter is to rectify the at best unprofessional intermingling of objectives and constraints and present a proper theory of first-best and second-best pricing in urban rail networks. First, in view of the flaws of both Dupuit's – though nevertheless ingenious idea of – consumer surplus as well its cannibalized version found in most of today's economics textbooks, a proper definition of economic welfare resting on Hicks'sian variations instead is provided. It is used to derive efficient pricing rules that are subsequently applied to specific questions arising from running an urban railway network such as overcrowding, short-run versus long-run capacity or competing modes of transport like the private motor car. At the same time, another look is taken at economic costs, and in particular economic marginal costs, differing from commercial or accounting costs. Among other things, it is shown that even with commercial marginal costs being constant first-best pricing might not necessarily be incompatible with a zero-profit budget.

scholarly journals TURNING THE SPOTLIGHT ON CLASS REPRESENTATIVES -EMPIRICAL INSIGHTS FROM DOWN UNDER

2012 ◽  
Vol 30 (2) ◽  
pp. 1 ◽  
Author(s):  
Jane Caruana ◽  
Vince Morabito
Keyword(s):  
United States ◽  
Empirical Study ◽  
Present Article ◽  
Common Law ◽  
Federal Court ◽  
The United States ◽  
Class Action ◽  
Class Actions ◽  
Legal Literature ◽  
Action Procedure

Ten months before Ontario became the first Canadian common law province to authorise American-style class actions, class actions became available in the Federal Court of Australia. In these two countries and in the United States, the named plaintiffs, commonly referred to as class representatives, are the only claimants formally in charge of the litigation, on the plaintiff side, whilst the outcome of class actions binds not only them and their opponents but also the claimants that they represent, the absent class members. And yet, to date, there have been no comprehensive studies of class representatives in these three countries. The aim of this article is to partly address this significant lacuna in the international legal literature by providing the findings of an empirical study, that the authors have undertaken, of the persons that acted as class representatives in the class actions that were filed in the first 17 years of the operation of the class action procedure in the Federal Court of Australia. It is hoped that this article will prompt Canadian scholars to undertake similar studies with respect to Canadian class representatives.Dix mois avant que l’Ontario devienne la première province de common law canadienne à autoriser les recours collectifs à l’américaine, la Cour fédérale d’Australie autorisait ceux-ci. Dans ces deux pays, ainsi qu’aux États-Unis, les demandeurs nommés, communément appelés représentants, sont les seuls demandeurs formellement mêlés au litige du côté de la partie demanderesse, tandis que l’issue des recours collectifs lie non seulement les représentants et leurs adversaires, mais aussi les demandeurs qu’ils représentent, c’est-à-dire les personnes inscrites au recours collectif qui sont absentes. Pourtant, il n’y a eu à ce jour aucune étude approfondie sur ces représentants de groupes dans ces trois pays. L’objet du présent article est de combler en partie cette importante lacune dans la littérature juridique internationale en fournissant les conclusions d’une étude empirique effectuée par les auteurs et portant sur les représentants dans le cadre des recours collectifs introduits dans les 17 premières années du régime des recours collectifs devant la Cour fédérale d’Australie. Il est à espérer que le présent article incitera les chercheurs canadiens à entreprendre de telles études en ce qui concerne les représentants de groupes canadiens.

scholarly journals Reforming New Zealand's Class Action Procedures to Enhance Efficiency and Improve Access to Justice

2021 ◽  
Author(s):  
Danielle Thorne
Keyword(s):  
New Zealand ◽  
Class Action ◽  
Access To Justice ◽  
Efficient Procedure ◽  
Legislative Reform ◽  
Class Actions ◽  
Opt Out ◽  
Action Type ◽  
Enhance Efficiency ◽  
Action Procedure

<b>Abstract </b><p>This thesis addresses the question of whether New Zealand should reform its class action procedures in order to better meet the class action objectives of efficiency and access to justice. Class actions are a mechanism whereby groups of claimants with the same or similar claims can band together and bring proceedings. The ability for groups of similarly affected claimants to bring proceedings together provides certain advantages, including efficiency (both judicial efficiency and cost efficiency) and access to justice (where there may otherwise be none). The existence of a class action mechanism can also have a regulatory effect and serve to discourage illegal or inappropriate conduct. </p> <b>Currently, New Zealand does not have a dedicated class actions regime, and instead operates a class action type procedure under r 4.24 of the High Court Rules (known as a representative action). A review of the New Zealand position in relation to r 4.24 indicates that while there is a substantial body of law relating to the use of the representative action procedure, the objectives of the representative action procedure are not being met. The lack of legislative guidance in relation to the representative action has created significant difficulties for claimants in New Zealand. </b><p>Reforming the New Zealand class action procedure through legislative reform would provide a more efficient procedure and enhance access to justice. Wholesale legislative reform in the form of a dedicated class actions statute would be the best way forward for New Zealand. Legislative reform would need to address particular issues that have arisen in Australia and Ontario, including issues associated with the same interest requirement, opt-in and opt-out mechanisms, settlement requirements and limitation periods. The experience in Ontario and Australia illustrates the importance of ensuring the legislation is as clear as possible, and learning from the experience in those jurisdictions is vital if the objectives of the class action procedure are to be met. </p>

Migration and US agricultural competitiveness

2013 ◽  
Vol 10 (2) ◽  
pp. 159-179 ◽  
Author(s):  
Philip L. Martin
Keyword(s):  
Farm Workers ◽  
Easy Access ◽  
Foreign Born ◽  
Guest Workers ◽  
Long Run ◽  
Short Run ◽  
Lower Wage ◽  
The Government ◽  
The One

Agriculture has one of the highest shares of foreign-born and unauthorized workers among US industries; over three-fourths of hired farm workers were born abroad, usually in Mexico, and over half of all farm workers are unauthorized. Farm employers are among the few to openly acknowledge their dependence on migrant and unauthorized workers, and they oppose efforts to reduce unauthorized migration unless the government legalizes currently illegal farm workers or provides easy access to legal guest workers. The effects of migrants on agricultural competitiveness are mixed. On the one hand, wages held down by migrants keep labour-intensive commodities competitive in the short run, but the fact that most labour-intensive commodities are shipped long distances means that long-run US competitiveness may be eroded as US farmers have fewer incentives to develop labour-saving and productivity-improving methods of farming and production in lower-wage countries expands.

PENERAPAN METODE STORY READING UNTUK MENINGKATKAN KEMAMPUAN BERBICARA ANAK USIA 5 - 6 TAHUN DI TK MELATI / ABA 005 PULAU BALAI

2015 ◽  
Vol 4 (2) ◽  
pp. 143
Author(s):  
Hasnidar '
Keyword(s):  
Data Collection ◽  
Initial Data ◽  
Research Data ◽  
Class Action ◽  
Percentage Increase ◽  
Story Reading ◽  
Reading Methods ◽  
Number Of Children ◽  
Class Actions ◽  
Speaking Skills

This study aims to improve speaking skills of children aged 5-6 through methods Story Reading in TK Melati/ ABA 005 Pulau Balai. The method used is a Class Action Research. Class actions that researchers do the research is to use the method Story Reading to improve speaking skills of children aged 5-6 years in TK Melati TK Melati/ ABA 005 Pulau Balai, and is observed by the observer. Samples taken are TK Melati/ ABA 005 Pulau Balai with the number of children of 20 people, consisting of 13 men and 7 women. Data collection techniques in this research is through observation of teachers and children as well as data capability speaking children aged 5-6 years with use of methods Story Reading. Hipotesis in this study is if the method will be applicable Story Reading can improve speaking skills of children aged 5-6 years in TK Melati/ ABA Pulau Balai 005 can be enhanced through storytelling. Results of the research data obtained by using the method Story Reading can improve the ability to speak of children aged 5-6 years in TK Melati / ABA 005 Pulau Balai. The percentage increase in the ability to speak the child at the age of 5-6 years using Story Reading methods in TK Melati/ ABA 005 Pulau Balai, from initial data to the second cycle increased by 32.2%. The implication of this study is the use of methods Story Reading used properly, can improve speaking skills of children aged 5-6 years in TK Melati/ ABA 005 Pulau BalaiKeywords: story reading, speech

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