For example, responsibility has the character of Stellvertretung, which is translated as "vicarious representative action
" in the Fortress edition, where previous English editions translated it "deputyship." Thus, this term now carries its proper connotation of representative agency rather than subordination, and it recognizes the link that Bonhoeffer intends between his ethical use of Stellvertretung in Ethics and his christological use of the term in Sanctorum Communio.
This is the representative action
, which has a long history.(2) A representative action
can take three forms: an active form, when it is claimant-led; a passive form, when the represented group consists of various potential wrongdoers or debtors; or a combined active and passive form.
In response to burgeoning litigation costs and a plaintiffs' bar increasingly willing to grab hold of virtually any "technical" violation to support a class action lawsuit, more and more businesses have begun inserting anti-class action poison pill provisions in the fine print of their standardized customer "agreements." These provisions are primarily of two types: clauses stating (1) that by accepting the terms of the "agreement," the customer agrees that he or she will not be party to a class or other kind of representative action
, or (2) that the customer agrees to arbitrate all claims arising from the transaction.
Common Law Representative Actions
. The class action is an extension of the representative action
, which originated in the English Chancery courts.
The trial court dismissed the claim because it "could not be efficiently tried." The California Court of Appeal affirmed, finding that the trial court properly concluded that "there was no basis for a representative action
under the private attorney general theory," adding:
The representative action
should be employed only where the need for legal procedural alternatives is not satisfied within the framework of the current procedural system or where action for or against a group may be expected to lead to tangible procedural economic benefits.
The legal challenge from a group calling itself Google You Owe Us was a representative action
- a claim brought by an individual on behalf of a group of people.
Google argued that the type of "representative action
" being brought against it by Mr Lloyd is unsuitable and should not go ahead.
In Europe they are known as collective or representative action
. MPAs, by enabling victims of mass harm to combine their legal actions, can be a key tool in achieving access to justice.
The author considers the impact of Latino representatives in US Congress and the role they play in the American political system, arguing that representative ethnicity influences representative action
and exploring why representatives matter for the political inclusion and influence of Latinos.