The (Un)intended Consequences of Legal Transplants: A Comparative Study of Standing in Collective Litigation in Five Jurisdictions
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Jasminka Kalajdzic
Abstract
Deborah R. Hensler has long championed the comparative study of civil procedure in a way that considers the interplay between legal rules, redress mechanisms, legal institutions and the societies where they operate. More importantly, this approach has also revealed the intended and unintended consequences of legal transplantation, and illuminated the difference between the law in the books and the law in action. As Professor Hensler recently and succinctly wrote, “procedures that seem on the surface to be the same or very similar may in practice operate differently as they intersect with other aspects of the litigation regime – rules, cultural expectations, political contexts – in which they are inserted.” In a multi-year book project she led almost a decade ago, Hensler and her colleagues identified the cultural, economic and political forces that impact how a single procedural device – representative litigation – operates in any given jurisdiction. The studies that comprised the project were grounded in empirical data obtained through several research strategies, specially the case study method. National jurisdictions or specific cases within those jurisdictions were used as units of analysis, and as a basis for a broader cross-country comparison that helped identify points of convergence and also key differences.
© 2025 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Introduction
- Complex and International Litigation and Empirical Litigation Studies: Festschrift in Honor of Professor Deborah Hensler, Editors’ Introduction
- Articles
- Empirical Tort Law (and Theory) – An Essay in Honor of Deborah Hensler
- Pulling Back the Curtain on the Federal Class Action
- The (Un)intended Consequences of Legal Transplants: A Comparative Study of Standing in Collective Litigation in Five Jurisdictions
- Essays
- Deborah Hensler and the Institute for Civil Justice Striving to Speak Truth to Power in the Tort Reform Debate
- Stories, Individuals, Statistics, Aggregation, Torts, and Social Justice: Deborah Hensler’s Aspirations for Law
- Deborah Hensler: A Teacher of Judges
- Reflections on a “Data-Driven” Life in Law
Articles in the same Issue
- Frontmatter
- Introduction
- Complex and International Litigation and Empirical Litigation Studies: Festschrift in Honor of Professor Deborah Hensler, Editors’ Introduction
- Articles
- Empirical Tort Law (and Theory) – An Essay in Honor of Deborah Hensler
- Pulling Back the Curtain on the Federal Class Action
- The (Un)intended Consequences of Legal Transplants: A Comparative Study of Standing in Collective Litigation in Five Jurisdictions
- Essays
- Deborah Hensler and the Institute for Civil Justice Striving to Speak Truth to Power in the Tort Reform Debate
- Stories, Individuals, Statistics, Aggregation, Torts, and Social Justice: Deborah Hensler’s Aspirations for Law
- Deborah Hensler: A Teacher of Judges
- Reflections on a “Data-Driven” Life in Law
