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Litigation Nation
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Book Synopsis Litigation Nation by : Peter Charles Hoffer
Download or read book Litigation Nation written by Peter Charles Hoffer and published by Rowman & Littlefield. This book was released on 2019-09-20 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans have long been identified as a people of law and lawyers with an addiction to lawsuits. In Litigation Nation, Peter Charles Hoffer, one of America’s most preeminent legal historians, charts the history of civil litigation from the seventeenth century to the present, using key cases pursued by ordinary people to illustrate how the civil courts have been a battlefront to contest the boundaries of permissible personal conduct in times of social and political change. Using representative case studies from each period—from defamation suits in seventeenth-century America to recent civil rights and gender discrimination lawsuits, Hoffer’s concise and accessible history shows how litigation reflects the lives and values of ordinary Americans.
Book Synopsis A Nation of Adversaries by : Patrick M. Garry
Download or read book A Nation of Adversaries written by Patrick M. Garry and published by Springer. This book was released on 2013-11-11 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis See You in Court by : Thomas Geoghegan
Download or read book See You in Court written by Thomas Geoghegan and published by . This book was released on 2007 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: How Conservatives have created a litigious society in which Americans have no recourse but to sue one another.
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
Book Synopsis Infringement Nation by : John Tehranian
Download or read book Infringement Nation written by John Tehranian and published by Oxford University Press. This book was released on 2011-03-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written on the occasion of copyright's 300th anniversary, John Tehranian's Infringement Nation presents an engaging and accessible analysis of the history and evolution of copyright law and its profound impact on the lives of ordinary individuals in the twenty-first century. Organized around the trope of the individual in five different copyright-related contexts - as an infringer, transformer, pure user, creator and reformer - the book charts the changing contours of our copyright regime and assesses its vitality in the digital age. In the process, Tehranian questions some of our most basic assumptions about copyright law by highlighting the unseemly amount of infringement liability an average person rings up in a single day, the counterintuitive role of the fair use doctrine in radically expanding the copyright monopoly, the important expressive interests at play in even the unauthorized use of copyright works, the surprisingly low level of protection that American copyright law grants many creators, and the broader political import of copyright law on the exertion of social regulation and control. Drawing upon both theory and the author's own experiences representing clients in various high-profile copyright infringement suits, Tehranian supports his arguments with a rich array of diverse examples crossing various subject matters - from the unusual origins of Nirvana's "Smells Like Teen Spirit," the question of numeracy among Amazonian hunter-gatherers, the history of stand-offs at papal nunciatures, and the tradition of judicial plagiarism to contemplations on Slash's criminal record, Barbie's retroussé nose, the poisonous tomato, flag burning, music as a form of torture, the smell of rotting film, William Shakespeare as a man of the people, Charles Dickens as a lobbyist, Ashley Wilkes's sexual orientation, Captain Kirk's reincarnation, and Holden Caulfield's maturation. In the end, Infringement Nation makes a sophisticated yet lucid case for reform of existing doctrine and the development of a copyright 2.0.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
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.
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.
Book Synopsis A Nation Under Lawyers by : Mary Ann Glendon
Download or read book A Nation Under Lawyers written by Mary Ann Glendon and published by Harvard University Press. This book was released on 1996 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mary Ann Glendon's A Nation Under Lawyers is a guided tour through the maze of the late-twentieth-century legal world. Glendon depicts the legal profession as a system in turbulence, where a variety of beliefs and ideals are vying for dominance.
Download or read book Lawyer Nation written by Ray Brescia and published by NYU Press. This book was released on 2024-02 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the critical role that American lawyers have played since the nation’s founding and what the future holds for the profession The American legal profession faces significant challenges: the changing nature of work in the wake of the COVID-19 pandemic; calls for greater racial and gender justice; threats to democracy; the inaccessibility of legal services for the majority of Americans; the risk of obsolescence owing to the emergence of new technologies; and the disaffection many lawyers feel toward their work. Ambitious in its scope yet straightforward in its approach, Lawyer Nation seeks to address these crises by offering a path forward for the legal profession. Ray Brescia provides concrete ideas for transforming law into a field whose services are accessible, egalitarian, and viable in the long term. Further, he addresses how the profession can improve so that the health of its practitioners is not compromised in the process. If the legal profession does not respond to its crises in an effective way, he argues, the dysfunction and unfairness plaguing the legal world will deepen. This is an unprecedented opportunity for the world of law to reimagine its future in way that honors its highest ideals: preserving the rule of law, protecting individual liberty, and addressing social inequality in all of its forms.
Book Synopsis The Litigation Explosion by : Walter K. Olson
Download or read book The Litigation Explosion written by Walter K. Olson and published by Plume Books. This book was released on 1992 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty years ago, Americans saw lawsuits as a last resort; now they're the world's most litigous people. One of the most discussed, debated, and widely reviewed books of 1991, The Litigation Explosion explains why today's laws encourage us to sue first and ask questions later.
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 261 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.
Book Synopsis Courting Justice by : Paul L. Tractenberg
Download or read book Courting Justice written by Paul L. Tractenberg and published by Rutgers University Press. This book was released on 2013-07-23 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1947 a modernized New Jersey Supreme Court has played an important and controversial role in the state, nation, and world. Its decisions in cutting-edge cases have confronted society’s toughest issues, reflecting changing social attitudes, modern life’s complexities, and new technologies. Paul Tractenberg has selected ten of the court’s landmark decisions between 1960 and 2011 to illustrate its extensive involvement in major public issues, and to assess its impact. Each case chapter is authored by a distinguished academic or professional expert, several of whom were deeply involved in the cases’ litigation, enabling them to provide special insights. An overview chapter provides context for the court’s distinctive activity. Many of the cases are so widely known that they have become part of the national conversation about law and policy. In the Karen Ann Quinlan decision, the court determined the right of privacy extends to refusing life-sustaining treatment. The Baby M case reined in surrogate parenting and focused on the child’s best interests. In the Mount Laurel decision, the court sought to increase affordable housing for low- and moderate-income residents throughout the state. The Megan’s Law case upheld legal regulation of sex offender community notification. A series of decisions known as Abbott/Robinson required the state to fund poor urban school districts at least on par with suburban districts. Other less well known cases still have great public importance. Henningsen v. Bloomfield Motors reshaped product liability and tort law to protect consumers injured by defective cars; State v. Hunt shielded privacy rights from unwarranted searches beyond federal standards; Lehmann v. Toys ‘R’ Us protected employees from sexual harassment and a hostile work environment; Right to Choose v. Byrne expanded state constitutional abortion rights beyond the federal constitution; and Marini v. Ireland protected low-income tenants against removal from their homes. For some observers, the New Jersey Supreme Court represents the worst of judicial activism; others laud it for being, in its words, “the designated last-resort guarantor of the Constitution's command.” For Tractenberg, the court’s activism means it tends to find for the less powerful over the more powerful and for the public good against private interests, an approach he applauds.
Book Synopsis Law and Vengeance by : Mike Papantonio
Download or read book Law and Vengeance written by Mike Papantonio and published by SelectBooks, Inc.. This book was released on 2017-09-26 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gina Romano is a highly successful trial lawyer with Bergman/Deketomis, a firm dedicated to protecting the public by exposing and penalizing corporate crooks and their allies in government. Well into her thirties, Gina hasn’t overcome the anger and defensiveness resulting from a bizarre and traumatic childhood. As she contemplates whether to marry solid, attractive and loyal veterinarian Bryan Penn or to send him packing, the murder of a friend and mentor, Angus Moore, turns her life into a quest for vengeance. In consort with partner Nick Deketomis, Gina runs headlong into a life and death struggle against weapons manufacturers, a gun rights lobbyist, psychopathic Chicago police, a hi-tech genius assassin, and the U.S. Department of Justice. Still, the most formidable and dangerous enemy she faces is herself.
Book Synopsis America on Trial by : Alan M. Dershowitz
Download or read book America on Trial written by Alan M. Dershowitz and published by Grand Central Publishing. This book was released on 2004-05-14 with total page 1061 pages. Available in PDF, EPUB and Kindle. Book excerpt: The renowned attorney and bestselling author reveals how notable trials throughout our history have helped to shape our nation. Offering insights into the human condition, these trials serve as a historical document, chronicling the struggles and passions of their time.
Book Synopsis Visual Litigation by : Ronald H. Clark
Download or read book Visual Litigation written by Ronald H. Clark and published by Full Court Press. This book was released on 2020-05-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Lady Justice written by Dahlia Lithwick and published by Penguin. This book was released on 2023-09-19 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the LA Times Book Prize in Current Interest An instant New York Times Bestseller! “Stirring…Lithwick’s approach, interweaving interviews with legal commentary, allows her subjects to shine...Inspiring.”—New York Times Book Review “In Dahlia Lithwick’s urgent, engaging Lady Justice, Dobbs serves as a devastating bookend to a story that begins in hope.”—Boston Globe Dahlia Lithwick, one of the nation’s foremost legal commentators, tells the gripping and heroic story of the women lawyers who fought the racism, sexism, and xenophobia of Donald Trump’s presidency—and won After the sudden shock of Donald Trump’s victory over Hillary Clinton in 2016, many Americans felt lost and uncertain. It was clear he and his administration were going to pursue a series of retrograde, devastating policies. What could be done? Immediately, women lawyers all around the country, independently of each other, sprang into action, and they had a common goal: they weren’t going to stand by in the face of injustice, while Trump, Mitch McConnell, and the Republican party did everything in their power to remake the judiciary in their own conservative image. Over the next four years, the women worked tirelessly to hold the line against the most chaotic and malign presidency in living memory. There was Sally Yates, the acting attorney general of the United States, who refused to sign off on the Muslim travel ban. And Becca Heller, the founder of a refugee assistance program who brought the fight over the travel ban to the airports. And Roberta Kaplan, the famed commercial litigator, who sued the neo-Nazis in Charlottesville. And, of course, Stacey Abrams, whose efforts to protect the voting rights of millions of Georgians may well have been what won the Senate for the Democrats in 2020. These are just a handful of the stories Lithwick dramatizes in thrilling detail to tell a brand-new and deeply inspiring account of the Trump years. With unparalleled access to her subjects, she has written a luminous book, not about the villains of the Trump years, but about the heroes. And as the country confronts the news that the Supreme Court, which includes three Trump-appointed justices, will soon overturn Roe v. Wade, Lithwick shines a light on not only the major consequences of such a decision, but issues a clarion call to all who might, like the women in this book, feel the urgency to join the fight. A celebration of the tireless efforts, legal ingenuity, and indefatigable spirit of the women whose work all too often went unrecognized at the time, Lady Justice is destined to be treasured and passed from hand to hand for generations to come, not just among lawyers and law students, but among all optimistic and hopeful Americans.
