Lawyers, Lawsuits, and Legal Rights

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Publisher : Univ of California Press
ISBN 13 : 0520243234
Total Pages : 279 pages
Book Rating : 4.5/5 (22 download)

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Book Synopsis Lawyers, Lawsuits, and Legal Rights by : Thomas F. Burke

Download or read book Lawyers, Lawsuits, and Legal Rights written by Thomas F. Burke and published by Univ of California Press. This book was released on 2002 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Burke drills deep into America's unique culture of litigation and is rewarded with a powerful insight: it is not the public or even lawyers that are so darn litigious, but American law itself. This meticulous, dispassionate book stands not only to advance the debate but—I hope—to reshape it."—Jonathan Rauch, author of Government's End: Why Washington Stopped Working "Lawyers, Lawsuits, and Legal Rights is a fascinating study of the American penchant for public policies that rely on lawsuits to get things done. Burke's analysis is insightful and original. This book compellingly shows that litigious policies have deep roots in our Constitution, culture, and politics."—Charles Epp, author of The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective "Burke's authoritative book demonstrates that the highly litigious American system is not an isolated anomaly but in fact fits in with deeply-rooted elements of American political culture. Where citizens of other countries rely on expert or bureaucratic judgment to resolve disputes, Americans turn to the courts. Equally novel and compelling, Lawyers, Lawsuits, and Legal Rights marshals an impressive set of evidence and delivers a refreshingly well-written look at the state of American litigation."—Frank R. Baumgartner, co-author of Agendas and Instability in American Politics

Lawyers, Lawsuits, and Legal Rights

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Publisher : Univ of California Press
ISBN 13 : 9780520938373
Total Pages : 282 pages
Book Rating : 4.9/5 (383 download)

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Book Synopsis Lawyers, Lawsuits, and Legal Rights by : Thomas F. Burke

Download or read book Lawyers, Lawsuits, and Legal Rights written by Thomas F. Burke and published by Univ of California Press. This book was released on 2002-10-29 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawsuits over coffee burns, playground injuries, even bad teaching: litigation "horror stories" create the impression that Americans are greedy, quarrelsome, and sue-happy. The truth, as this book makes clear, is quite different. What Thomas Burke describes in Lawyers, Lawsuits, and Legal Rights is a nation not of litigious citizens, but of litigious policies—laws that promote the use of litigation in resolving disputes and implementing public policies. This book is a cogent account of how such policies have come to shape public life and everyday practices in the United States. As litigious policies have proliferated, so have struggles to limit litigation—and these struggles offer insight into the nation's court-centered public policy style. Burke focuses on three cases: the effort to block the Americans with Disabilities Act; an attempt to reduce accident litigation by creating a no-fault auto insurance system in California; and the enactment of the Vaccine Injury Compensation Act. These cases suggest that litigious policies are deeply rooted in the American constitutional tradition. Burke shows how the diffuse, divided structure of American government, together with the anti-statist ethos of American political culture, creates incentives for political actors to use the courts to address their concerns. The first clear and comprehensive account of the national politics of litigation, his work provides a new way to understand and address the "litigiousness" of American society.

World Aerospace

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Publisher :
ISBN 13 :
Total Pages : 115 pages
Book Rating : 4.:/5 (353 download)

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Book Synopsis World Aerospace by :

Download or read book World Aerospace written by and published by . This book was released on 1978 with total page 115 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Distorting the Law

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Publisher : University of Chicago Press
ISBN 13 : 0226314693
Total Pages : 361 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis Distorting the Law by : William Haltom

Download or read book Distorting the Law written by William Haltom and published by University of Chicago Press. This book was released on 2009-11-15 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.

The Search for Justice

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Publisher : University of Chicago Press
ISBN 13 : 022661431X
Total Pages : 209 pages
Book Rating : 4.2/5 (266 download)

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Book Synopsis The Search for Justice by : Peter Charles Hoffer

Download or read book The Search for Justice written by Peter Charles Hoffer and published by University of Chicago Press. This book was released on 2019-03-28 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The civil rights era was a time of pervasive change in American political and social life. Among the decisive forces driving change were lawyers, who wielded the power of law to resolve competing concepts of order and equality and, in the end, to hold out the promise of a new and better nation. The Search for Justice is a look the role of the lawyers throughout the period, focusing on one of the central issues of the time: school segregation. The most notable participants to address this issue were the public interest lawyers of the NAACP’s Legal Defense Fund, whose counselors brought lawsuits and carried out appeals in state and federal courts over the course of twenty years. But also playing a part in the story were members of the bar who defended Jim Crow laws explicitly or implicitly and, in some cases, also served in state or federal government; lawyers who sat on state and federal benches and heard civil rights cases; and, finally, law professors who analyzed the reasoning of the courts in classrooms and public forums removed from the fray. With rich, copiously researched detail, Hoffer takes readers through the interactions of these groups, setting their activities not only in the context of the civil rights movement but also of their full political and legal legacies, including the growth of corporate private legal practice after World War II and the expansion of the role of law professors in public discourse, particularly with the New Deal. Seeing the civil rights era through the lens of law enables us to understand for the first time the many ways in which lawyers affected the course and outcome of the movement.

Nobody's Victim

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Publisher : Penguin
ISBN 13 : 0525533796
Total Pages : 306 pages
Book Rating : 4.5/5 (255 download)

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Book Synopsis Nobody's Victim by : Carrie Goldberg

Download or read book Nobody's Victim written by Carrie Goldberg and published by Penguin. This book was released on 2019-08-13 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nobody's Victim is an unflinching look at a hidden world most people don’t know exists—one of stalking, blackmail, and sexual violence, online and off—and the incredible story of how one lawyer, determined to fight back, turned her own hell into a revolution. “We are all a moment away from having our life overtaken by somebody hell-bent on our destruction.” That grim reality—gleaned from personal experience and twenty years of trauma work—is a fundamental principle of Carrie Goldberg’s cutting-edge victims’ rights law firm. Riveting and an essential timely conversation-starter, Nobody's Victim invites readers to join Carrie on the front lines of the war against sexual violence and privacy violations as she fights for revenge porn and sextortion laws, uncovers major Title IX violations, and sues the hell out of tech companies, schools, and powerful sexual predators. Her battleground is the courtroom; her crusade is to transform clients from victims into warriors. In gripping detail, Carrie shares the diabolical ways her clients are attacked and how she, through her unique combination of advocacy, badass relentlessness, risk-taking, and client-empowerment, pursues justice for them all. There are stories about a woman whose ex-boyfriend made fake bomb threats in her name and caused a national panic; a fifteen-year-old girl who was sexually assaulted on school grounds and then suspended when she reported the attack; and a man whose ex-boyfriend used a dating app to send more than 1,200 men to ex's home and work for sex. With breathtaking honesty, Carrie also shares her own shattering story about why she began her work and the uphill battle of building a business. While her clients are a diverse group—from every gender, sexual orientation, age, class, race, religion, occupation, and background—the offenders are not. They are highly predictable. In this book, Carrie offers a taxonomy of the four types of offenders she encounters most often at her firm: assholes, psychos, pervs, and trolls. “If we recognize the patterns of these perpetrators,” she explains, “we know how to fight back.” Deeply personal yet achingly universal, Nobody's Victim is a bold and much-needed analysis of victim protection in the era of the Internet. This book is an urgent warning of a coming crisis, a predictor of imminent danger, and a weapon to take back control and protect ourselves—both online and off.

Rights and Retrenchment

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Publisher : Cambridge University Press
ISBN 13 : 110818409X
Total Pages : 299 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Rights and Retrenchment by : Stephen B. Burbank

Download or read book Rights and Retrenchment written by Stephen B. Burbank and published by Cambridge University Press. This book was released on 2017-04-18 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.

Law and Disorder

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Publisher : SelectBooks, Inc.
ISBN 13 : 1590793439
Total Pages : 237 pages
Book Rating : 4.5/5 (97 download)

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Book Synopsis Law and Disorder by : Mike Papantonio

Download or read book Law and Disorder written by Mike Papantonio and published by SelectBooks, Inc.. This book was released on 2016-09-20 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of America’s most successful trial attorneys built his career by going to war for consumers against the world’s most powerful and corrupt corporations. But his winning streak has ended. Money, power, and politics have lined up against Nicholas Deketomis, and he must fight for his freedom, his family, and the future of his prestigious law firm.

The Magic of Memoir

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Publisher : Simon and Schuster
ISBN 13 : 1631521489
Total Pages : 344 pages
Book Rating : 4.6/5 (315 download)

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Book Synopsis The Magic of Memoir by : Linda Joy Myers

Download or read book The Magic of Memoir written by Linda Joy Myers and published by Simon and Schuster. This book was released on 2016-11-15 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Magic of Memoir is a memoirist’s companion for when the going gets tough. Editors Linda Joy Myers and Brooke Warner have taught and coached hundreds of memoirists to the completion of their memoirs, and they know that the journey is fraught with belittling messages from both the inner critic and naysayers, voices that make it hard to stay on course with the writing and completion of a book. In The Magic of Memoir, 38 writers share their hard-won wisdom, stories, and writing tips. Included are Myers's and Warner's interviews with best-selling and widely renown memoirists Mary Karr, Elizabeth Gilbert, Dr. Azar Nafisi, Dani Shapiro, Margo Jefferson, Raquel Cepeda, Jessica Valenti, Daisy Hernández, Mark Matousek, and Sue William Silverman. This collection has something for anyone who's on the journey or about to embark on it. If you're looking for inspiration, The Magic of Memoir will be a valuable companion. Contributors include: Jill Kandel, Eanlai Cronin, Peter Gibb, Lynette Charity, Lynette Charity, Roseann M. Bozzone, Carol E. Anderson, Bella Mahaya Carter, Krishan Bedi, Sarah Conover, Leza Lowitz, Nadine Kenney Johnstone, Lynette Benton, Kelly Kittel, Robert W. Finertie, Rita M. Gardner, Robert Hammond, Marina Aris, LaDonna Harrison, Jill Smolowe, Alison Dale, Vanya Erickson, Sonvy Sammons, Laurie Prim, Ashley Espinoza, Jing Li, Nancy Chadwick-Burke, Dhana Musil, Crystal-Lee Quibell, Apryl Schwab, Irene Sardanis, Jude Walsh, Fran Simone, Rosalyn Kaplus, Rosie Sorenson, Rosie Sorenson, Jerry Waxler, and Ruthie Stender.

No Contest

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Publisher : National Geographic Books
ISBN 13 : 0375752587
Total Pages : 0 pages
Book Rating : 4.3/5 (757 download)

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Book Synopsis No Contest by : Ralph Nader

Download or read book No Contest written by Ralph Nader and published by National Geographic Books. This book was released on 1998-12-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal rights of Americans are threatened as never before. In No Contest, Ralph Nader and Wesley J. Smith reveal how power lawyers--Kenneth Starr perhaps the most notorious among them--misuse and manipulate the law at the expense of fairness and equity. Nader and Smith document how corporate lawyers File baseless lawsuits Use court secrecy to their unfair advantage Engage in billing fraud Nader and Smith sound the warning that this system-wide abuse is eroding our basic legal rights, and propose a positive, commonsense vision of what should be done to reverse the corporate-inspired corruption of civil justice. Timely, incisive, and highly readable, this is a book for all citizens who believe that prompt access to justice is the backbone of democracy, and a precious right to be reclaimed.

Digital Copyright

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Publisher : Prometheus Books
ISBN 13 : 161592051X
Total Pages : 216 pages
Book Rating : 4.6/5 (159 download)

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Book Synopsis Digital Copyright by : Jessica Litman

Download or read book Digital Copyright written by Jessica Litman and published by Prometheus Books. This book was released on with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.

Varieties of Legal Order

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Publisher : Routledge
ISBN 13 : 1136211195
Total Pages : 358 pages
Book Rating : 4.1/5 (362 download)

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Book Synopsis Varieties of Legal Order by : Thomas F. Burke

Download or read book Varieties of Legal Order written by Thomas F. Burke and published by Routledge. This book was released on 2017-08-14 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the globe, law in all its variety is becoming more central to politics, public policy, and everyday life. For over four decades, Robert A. Kagan has been a leading scholar of the causes and consequences of the march of law that is characteristic of late 20th and early 21st century governance. In this volume, top sociolegal scholars use Kagan’s concepts and methods to examine the politics of litigation and regulation, both in the United States and around the world. Through studies of civil rights law, tobacco politics, “Eurolegalism,” Russian auto accidents, Australian coal mines, and California prisons, these scholars probe the politics of different forms of law, and the complex path by which “law on the books” shapes social life. Like Kagan’s scholarship, Varieties of Legal Order moves beyond stale debates about litigiousness and overregulation, and invites us to think more imaginatively about how the rise of law and legalism will shape politics and social life in the 21st century.

The Rights Revolution Revisited

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Publisher : Cambridge University Press
ISBN 13 : 1316732649
Total Pages : 399 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis The Rights Revolution Revisited by : Lynda G. Dodd

Download or read book The Rights Revolution Revisited written by Lynda G. Dodd and published by Cambridge University Press. This book was released on 2018-01-25 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rights revolution in the United States consisted of both sweeping changes in constitutional doctrines and landmark legislative reform, followed by decades of innovative implementation in every branch of the federal government - Congress, agencies, and the courts. In recent years, a growing number of political scientists have sought to integrate studies of the rights revolution into accounts of the contemporary American state. In The Rights Revolution Revisited, a distinguished group of political scientists and legal scholars explore the institutional dynamics, scope, and durability of the rights revolution. By offering an inter-branch analysis of the development of civil rights laws and policies that features the role of private enforcement, this volume enriches our understanding of the rise of the 'civil rights state' and its fate in the current era.

In Praise of Litigation

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Publisher : Oxford University Press
ISBN 13 : 0199380805
Total Pages : 233 pages
Book Rating : 4.1/5 (993 download)

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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 Praise of Litigation explains how civil society gains from litigation and why it is ultimately a social good.

Rights on Trial

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Publisher : University of Chicago Press
ISBN 13 : 022646685X
Total Pages : 366 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis Rights on Trial by : Ellen Berrey

Download or read book Rights on Trial written by Ellen Berrey and published by University of Chicago Press. This book was released on 2017-06-22 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.

The Unelected

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Publisher : Encounter Books
ISBN 13 : 1641771216
Total Pages : 289 pages
Book Rating : 4.6/5 (417 download)

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Book Synopsis The Unelected by : James R. Copland

Download or read book The Unelected written by James R. Copland and published by Encounter Books. This book was released on 2020-09-15 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: America is highly polarized around elections, but unelected actors make many of the decisions that affect our lives. In this lucid history, James R. Copland explains how unaccountable agents have taken over much of the U.S. government apparatus. Congress has largely abdicated its authority. “Independent” administrative agencies churn out thousands of new regulations every year. Courts have enabled these rulemakers to expand their powers beyond those authorized by law—and have constrained executive efforts to rein in the bureaucratic behemoth. No ordinary citizen can know what is legal and what is not. There are some 300,000 federal crimes, 98 percent of which were created by administrative action. The proliferation of rules gives enormous discretion to unelected enforcers, and the severity of sanctions can be ruinous to citizens who unwittingly violate a regulation. Outside the bureaucracy, private attorneys regulate our conduct through lawsuits. Most of the legal theories underlying these suits were never voted upon by our elected representatives. A combination of historical accident, decisions by judges and law professors, and self-interested advocacy by litigators has built an onerous and expensive legal regime. Finally, state and local officials may be accountable to their own voters, but some reach further afield, pursuing agendas to dictate the terms of national commerce. These new antifederalists are subjecting the citizens of Wyoming and Mississippi to the whims of the electorates of New York and San Francisco—contrary to the constitutional design. In these ways, the unelected have assumed substantial control of the American republic, upended the rule of law, given the United States the world’s costliest legal system, and inverted the Constitution’s federalism. Copland caps off his account with ideas for charting a corrective course back to democratic accountability.