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In Praise Of Litigation
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Book Synopsis In Praise of Litigation by : Alexandra D. Lahav
Download or read book In Praise of Litigation written by Alexandra D. Lahav and published by Oxford University Press. This book was released on 2017 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the grand scale of lawsuits, actually crazy or bogus lawsuits constitute a tiny minority ; in fact, most anecdotes turn out to be misrepresentations of what actually happened. In In Praise of Litigation, Lahav argues that critics are blinded to the many benefits of lawsuits. The majority of lawsuits promote equality before the law, transparency, and accountability. Our ability to go to court is a sign of our strength as a society and enables us to both participate in and reinforce the rule of law. In addition, joining lawsuits gives citizens direct access to governmental officials-judges-who can hear their arguments about issues central to our democracy, including the proper extent of police power and the ability of all people to vote. It is at least arguable that lawsuits have helped spur major social changes in arenas like race relations and marriage rights, as well as made products safer and forced wrongdoers to answer for their conduct.
Book Synopsis In Praise of Litigation by : Alexandra Lahav
Download or read book In Praise of Litigation written by Alexandra Lahav and published by Oxford University Press. This book was released on 2017-01-02 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the right to have one's day in court is a cherished feature of the American democratic system, alarms that the United States is hopelessly litigious and awash in frivolous claims have become so commonplace that they are now a fixture in the popular imagination. According to this view, litigation wastes precious resources, stifles innovation and productivity, and corrodes our social fabric and the national character. Calls for reform have sought, often successfully, to limit people's access to the court system, most often by imposing technical barriers to bringing suit. Alexandra Lahav's In Praise of Litigation provides a much needed corrective to this flawed perspective, reminding us of the irreplaceable role of litigation in a well-functioning democracy and debunking many of the myths that cloud our understanding of this role. For example, the vast majority of lawsuits in the United States are based on contract claims, the median value of lawsuits is on a downward trend, and, on a per capita basis, many fewer lawsuits are filed today than were filed in the 19th century. Exploring cases involving freedom of speech, foodborne illness, defective cars, business competition, and more, the book shows that despite its inevitable limitations, litigation empowers citizens to challenge the most powerful public and private interests and hold them accountable for their actions. Lawsuits change behavior, provide information to consumers and citizens, promote deliberation, and express society's views on equality and its most treasured values. In Praise of Litigation shows how our court system protects our liberties and enables civil society to flourish, and serves as a powerful reminder of why we need to protect people's ability to use it. The tort reform movement has had some real successes in limiting what can reach the courts, but there have been victims too. As Alexandra Lahav shows, it has become increasingly difficult for ordinary people to enforce their rights. In the grand scale of lawsuits, actually crazy or bogus lawsuits constitute a tiny minority; in fact, most anecdotes turn out to be misrepresentations of what actually happened. In In Praise of Litigation, Lahav argues that critics are blinded to the many benefits of lawsuits. The majority of lawsuits promote equality before the law, transparency, and accountability. Our ability to go to court is a sign of our strength as a society and enables us to both participate in and reinforce the rule of law. In addition, joining lawsuits gives citizens direct access to governmental officials-judges-who can hear their arguments about issues central to our democracy, including the proper extent of police power and the ability of all people to vote. It is at least arguable that lawsuits have helped spur major social changes in arenas like race relations and marriage rights, as well as made products safer and forced wrongdoers to answer for their conduct. In this defense, Lahav does not ignore the obvious drawbacks to litigiousness. It is expensive, stressful, and time consuming. Certainly, sensible reforms could make the system better. However, many of the proposals that have been adopted and are currently on the table seek only to solve problems that do not exist or to make it harder for citizens to defend their rights and to enforce the law. This is not the answer. In Praise of Litigation offers a level-headed and law-based assessment of the state of litigation in America as well as a number of practical steps that can be taken to ensure citizens have the right to defend themselves against wrongs while not odiously infringing on the rights of others.
Book Synopsis Cost of Capital in Litigation by : Shannon P. Pratt
Download or read book Cost of Capital in Litigation written by Shannon P. Pratt and published by John Wiley & Sons. This book was released on 2010-10-26 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cost of Capital in Litigation addresses cost of capital issues in litigation and discusses major decisions, highlighting how to avoid errors that have often been made by experts. The book helps the attorney and valuation expert understand the decisions within the context of the theory of cost of capital and includes a chapter on cross-examining experts on cost of capital issues. Throughout, there are citation to relevant material and cross-reference to Cost of Capital: Applications and Examples, Fourth Edition.
Book Synopsis Entrepreneurial Litigation by : John C. Coffee
Download or read book Entrepreneurial Litigation written by John C. Coffee and published by Harvard University Press. This book was released on 2015 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.
Book Synopsis The Girl at the Baggage Claim by : Gish Jen
Download or read book The Girl at the Baggage Claim written by Gish Jen and published by Knopf. This book was released on 2017 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A ... study of the different idea Asians and Westerners have of the self and how this plays out in our differing approaches to art, learning, politics, business, and almost everything else"--
Download or read book Point Made written by Ross Guberman and published by Oxford University Press. This book was released on 2014-04 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Point Made, Ross Guberman uses the work of great advocates as the basis of a valuable, step-by-step brief-writing and motion-writing strategy for practitioners. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers.
Book Synopsis Settle it Out of Court by : Thomas E. Crowley
Download or read book Settle it Out of Court written by Thomas E. Crowley and published by . This book was released on 1994-05-25 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now, in this smart, witty guide, attorney and conflict resolution expert, Thomas Crowley offers you "battle-tested" strategies and step-by-step guidance on resolving your business and personal disputes fairly, equitably, and without the agonies of a court trial. And most importantly, he explains it in clear, down-to-earth English, not in legalese! Applicable to virtually any type of dispute, including marital, employer/employee, and contract disputes, the techniques Thomas Crowley provides are designed to get both sides to structure their feelings, help them get their facts out straight and state their cases, and enable them to hash out a mutually agreeable settlement in a civilized fashion.
Book Synopsis In Praise of Risk by : Anne Dufourmantelle
Download or read book In Praise of Risk written by Anne Dufourmantelle and published by Fordham University Press. This book was released on 2019-10-01 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Anne Dufourmantelle drowned in a heroic attempt to save two children caught in rough seas, obituaries around the world rarely failed to recall that she was the author of a book entitled In Praise of Risk, implying that her death confirmed the ancient adage that to philosophize is to learn how to die. Now available in English, this magnificent and already much-discussed book indeed offers a trenchant critique of the psychic work the modern world devotes to avoiding risk. Yet this is not a book on how to die but on how to live. For Dufourmantelle, risk entails an encounter not with an external threat to life but with something hidden in life that conditions our approach to such ordinary risks as disobedience, passion, addiction, leaving family, and solitude Keeping jargon to a minimum, Dufourmantelle weaves philosophical reflections together with clinical case histories. The everyday fears, traumas, and resistances that therapy addresses brush up against such broader concerns as terrorism, insurance, addiction, artistic creation, and political revolution. Taking up a project than joins the work of many French thinkers, such as Jacques Lacan, Jacques Derrida, Jean-Luc Nancy, Hélène Cixous, Giorgio Agamben, and Catherine Malabou, Dufourmantelle works to dislodge Western philosophy, psychoanalysis, ethics, and politics from the redemptive logic of sacrifice. She discovers the kernel of a future beyond annihilation where one might least expect to find it, hidden in the unconscious. In an era defined by enhanced security measures, border walls, trigger warnings, and endless litigation, Dufourmantelle’s masterwork provides a much-needed celebration of the risks that define what it means to live.
Book Synopsis Mass Tort Deals by : Elizabeth Chamblee Burch
Download or read book Mass Tort Deals written by Elizabeth Chamblee Burch and published by Cambridge University Press. This book was released on 2019-05-16 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting twenty-two years of multidistrict litigation data, this book exposes a systematic lack of checks and balances in our courts.
Book Synopsis Inside a Class Action by : Jane Schapiro
Download or read book Inside a Class Action written by Jane Schapiro and published by Terrace Books. This book was released on 2003-11-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: On October 21, 1996, attorney Michael Hausfeld, with a team of lawyers, filed a class-action complaint against Union Bank of Switzerland, Swiss Bank Corporation, and Credit Suisse on behalf of Holocaust victims. The suit accused the banks of, among other things, acting as the chief financiers for Nazi Germany. On August 12, 1998, the plaintiffs and banks reached a $1.25 billion settlement. Through detailed research, court transcripts, and interviews with politicians, attorneys, historians, and survivors, Jane Schapiro shows how egos, personalities, and values clashed in this complex and emotionally charged case. Inside a Class Action provides an insider's view of a major lawsuit from its inception to its conclusion and will appeal to anyone interested in human rights, reparations, and international law.
Book Synopsis Transforming Practices by : Steven Keeva
Download or read book Transforming Practices written by Steven Keeva and published by McGraw-Hill Companies. This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: From law school to the law firm, lawyers are taught and encouraged to win, with little regard to the emotional consequences. After years of being obsessed with winning, racking up billable hours, and fishing for clients, many lawyers lose sight of why they initially joined the ranks of the legal profession. This landmark book explains how to reconnect with the spiritual side of law practice. It presents profiles of firms and lawyers who have transformed their practices from heartless and cold professional endeavors into kinder, gentler operations, with more emphasis on the clients'--and their own--emotional and spiritual needs.
Download or read book Bourbon Justice written by Brian F. Haara and published by U of Nebraska Press. This book was released on 2021-07 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brian Haara recounts the development of commercial laws that guided the United States from an often reckless laissez-faire mentality, through the growing pains of industrialization, past the overcorrection of Prohibition, and into its final state as a nation of laws.
Book Synopsis Pleadings Without Tears by : William Rose
Download or read book Pleadings Without Tears written by William Rose and published by OUP Oxford. This book was released on 2012-05-17 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pleadings Without Tears has become established as one of the most successful books on practical legal drafting in the context of litigation. This new eighth edition is fully updated to take account of Civil Procedure Rule (CPR) changes since the last edition. The book takes a practical and insightful look at the subject of legal drafting, enabling the reader to become more confident in approaching this often unnecessarily daunting subject. It focuses on core skills and fundamental rules while clearly addressing each stage of the process and goes beyond a straightforward setting out of the precedents and authorities relevant to statements of case. It gives clear examples of how to set out relevant matters with clarity and precision and encourages the reader to give full consideration to concise and clear identification of the subject matter of the action, the issues of the case and the parties' respective positions in respect to those issues. With a wealth of practical examples and anecdotes - and illustrated throughout with cartoons - the light and entertaining style, combined with detailed analysis and explanation, enables the reader to easily acquire a good understanding of drafting.
Book Synopsis Rebooting Justice by : Benjamin H. Barton
Download or read book Rebooting Justice written by Benjamin H. Barton and published by Encounter Books. This book was released on 2017-08-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
Book Synopsis Litigation Interest and Risk Assessment by : Michaela Keet
Download or read book Litigation Interest and Risk Assessment written by Michaela Keet and published by . This book was released on 2020 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The main premise of this book is that lawyers and mediators should help parties make decisions in litigation by combining an assessment of likely court outcomes with a careful consideration of how their interests are likely to be affected if they (continue to) engage in litigation"--
Book Synopsis Legal Writing by : Robert Edwin Bacharach
Download or read book Legal Writing written by Robert Edwin Bacharach and published by American Bar Association. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A magnificent book on writing. Drawing on the lessons from psycholinguistics and rhetoric, Judge Bacharach has written a remarkably practical book on how to write effectively. Judge Bacharach illustrates his points with very specific suggestions and countless examples from briefs from top lawyers and opinions of judges. I learned so much from this wonderful book." -- Erwin Chemerinsky, Dean, Berkeley School of Law
Book Synopsis The Irving Younger Collection by : Irving Younger
Download or read book The Irving Younger Collection written by Irving Younger and published by American Bar Association. This book was released on 2010 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: Irving Younger was a legend. His unparalleled wisdom and insight were honed by experience on both sides of the bench, as a law professor and as a prolific legal commentator and educator. This collection from the ABA Section of Litigation is compiled from the Professional Education Group's recordings of Professor Younger's classic continuing legal education programs. Timeless and relevant, this anthology teaches and entertains a new generation of lawyers.
