Professor Amy J. Schmitz has published a chapter, “Enforcing Consumer and Capital Markets Law in the United States,” in a new book: Enforcing Consumer and Capital Market Law – The Diesel Emissions Scandal (Beate Gsell and Thomas M.J. Möllers eds. 2020).
This chapter is part of a book that is an international and intradisciplinary work. On the example of one topical and global collective damage event with far reaching consequences for both consumers and investors, this work critically analyses the various approaches of public and private law enforcement and their effectiveness across several jurisdictions, namely those of Austria, Denmark, France, Germany, England and Wales, Italy, Lithuania, the Netherlands, Portugal, Australia, Brazil, China and the United States of America.
Professor Schmitz provides information and analysis as the U.S. expert in a chapter regarding the handling of the diesel emissions scandal in the United States. Based on decided and pending cases, the book demonstrates to what extent public authorities, but also private claimants, can take effective steps against the violation of their rights in their respective jurisdictions. The following is examined: law enforcement by public institutions, law enforcement by private parties and overlaps as well as hybrids and connections between both areas. A particular focus is given to collective redress, that is representative actions and model case proceedings.