The Government Litigant Advantage

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The Government Litigant Advantage

Author : Linda R. Cohen
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Government Litigant Advantage by : Linda R. Cohen

Download or read book The Government Litigant Advantage written by Linda R. Cohen and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper argues that the Solicitor General's strategic control of the federal government's litigation can increase the federal government's winning percentage, and alter the development of the law in the government's favor. First, this paper shows that the federal government has strategic incentives to appeal only cases that in which it has a very high chance of victory, and accept all other losses. By accepting a loss in any given circuit, the federal government preserves its option of following the government's preferred policies in all other circuits, and conforming its behavior only in the circuit where the court of appeal ruled against the government. By appealing the loss to the Supreme Court, the federal government runs the risk of losing and then being forced to follow unwanted (from the government's point of view) policies everywhere and possibly for a wider range of issues and agencies than was required by the court of appeals. As a consequence, only those cases that are almost sure victories for the federal government will be appealed to the Supreme Court. An extended empirical analysis of Supreme Court cases demonstrates the effect of strategic appeals by the Solicitor General and distinguishes the effect from other theories of why the Solicitor General tends to be unusually successful before the Supreme Court. The authors argue that this may alter the development of case law in favor of the government.

Does the Solicitor General Advantage Thwart the Rule of Law in the Administrative State?

Author : Jim Rossi
Publisher :
ISBN 13 :
Total Pages : 11 pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis Does the Solicitor General Advantage Thwart the Rule of Law in the Administrative State? by : Jim Rossi

Download or read book Does the Solicitor General Advantage Thwart the Rule of Law in the Administrative State? written by Jim Rossi and published by . This book was released on 2009 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: Linda Cohen and Matthew Spitzer's study, quot;The Government Litigant Advantage,quot; sheds important light on how the Solicitor General's litigation behavior may impact the Supreme Court's decision making agenda and outcomes for regulatory and administrative law cases. By emphasizing how the Solicitor General affects cases that the Supreme Court decides, Cohen and Spitzer's findings confirm that administrative law's emphasis on lower appellate court decisions is not misplaced. Some say that D.C. Circuit cases carry equal-if not more-precedential weight than Supreme Court decisions in resolving administrative law issues. Cohen and Spitzer use positive political theory to provide a novel explanation for some of this bias towards circuit court decisions in defining the rule of law in administrative law practice and scholarship. However, this Comment argues that what Cohen and Spitzer's empirical finding of quot;government litigant advantagequot; means more generally for the rule of law in the regulatory context requires further elaboration.

Legal Strategies in Childhood Obesity Prevention

Author : Institute of Medicine
Publisher : National Academies Press
ISBN 13 : 0309210224
Total Pages : 104 pages
Book Rating : 4.3/5 (92 download)

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Book Synopsis Legal Strategies in Childhood Obesity Prevention by : Institute of Medicine

Download or read book Legal Strategies in Childhood Obesity Prevention written by Institute of Medicine and published by National Academies Press. This book was released on 2011-08-08 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1980, childhood obesity rates have more than tripled in the United States. Recent data show that almost one-third of children over 2 years of age are already overweight or obese. While the prevalence of childhood obesity appears to have plateaued in recent years, the magnitude of the problem remains unsustainably high and represents an enormous public health concern. All options for addressing the childhood obesity epidemic must therefore be explored. In the United States, legal approaches have successfully reduced other threats to public health, such as the lack of passive restraints in automobiles and the use of tobacco. The question then arises of whether laws, regulations, and litigation can likewise be used to change practices and policies that contribute to obesity. On October 21, 2010, the Institute of Medicine (IOM) held a workshop to bring together stakeholders to discuss the current and future legal strategies aimed at combating childhood obesity. Legal Strategies in Childhood Obesity Prevention summarizes the proceedings of that workshop. The report examines the challenges involved in implementing public health initiatives by using legal strategies to elicit change. It also discusses circumstances in which legal strategies are needed and effective. This workshop was created only to explore the boundaries of potential legal approaches to address childhood obesity, and therefore, does not contain recommendations for the use of such approaches.

Model Rules of Professional Conduct

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)

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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.

United States Attorneys' Manual

Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (191 download)

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Book Synopsis United States Attorneys' Manual by : United States. Department of Justice

Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Regulation Versus Litigation

Author : Daniel P. Kessler
Publisher : University of Chicago Press
ISBN 13 : 0226432181
Total Pages : 344 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis Regulation Versus Litigation by : Daniel P. Kessler

Download or read book Regulation Versus Litigation written by Daniel P. Kessler and published by University of Chicago Press. This book was released on 2011-02 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.

Code of Judicial Conduct for United States Judges

Author : American Bar Association
Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Code of Judicial Conduct for United States Judges by : American Bar Association

Download or read book Code of Judicial Conduct for United States Judges written by American Bar Association and published by . This book was released on 1974 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Managing Class Action Litigation

Author : Barbara Jacobs Rothstein
Publisher :
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Managing Class Action Litigation by : Barbara Jacobs Rothstein

Download or read book Managing Class Action Litigation written by Barbara Jacobs Rothstein and published by . This book was released on 2009 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Why the Haves Come Out Ahead

Author : Marc Galanter
Publisher : Quid Pro Books
ISBN 13 : 1610272420
Total Pages : 309 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Why the Haves Come Out Ahead by : Marc Galanter

Download or read book Why the Haves Come Out Ahead written by Marc Galanter and published by Quid Pro Books. This book was released on 2014-09-15 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the fortieth anniversary edition of a classic of law and society, updated with extensive new commentary. Drawing a distinction between experienced “repeat players” and inexperienced “one shotters” in the U.S. judicial system, Marc Galanter establishes a recognized and applied model of how the structure of the legal system and an actor’s frequency of interaction with it can predict outcomes. Notwithstanding democratic institutions of governance and the “majestic equality” of the courts, the enactment and implementation of genuinely redistributive measures is a hard uphill struggle. In one of the most-cited essays in the legal literature, Galanter incisively demolishes the myth that courts are the prime equalizing force in American society. He provides a penetrating analysis of the limitations and possibilities of courts as the source and engine of large-scale social change. Galanter’s influential article is now available in a convenient, affordable, and assignable book (in print and ebooks), with a new introduction by the author that explains the origins and aftermath of the original work. In addition, it features his 2006 article applying the original thesis to real-world dilemmas in legal structure and consequence today. The collection also adds a new Foreword by Shauhin Talesh of the University of California-Irvine and a new Afterword by Robert Gordon of Stanford. As Gordon points out, “The great contribution of the article was that it went well beyond local and contingent political explanations to locate obstacles to social reform and redistributive policies in the institutional structure of the legal system itself.” Gordon details ways in which Galanter’s prophesies have come true and even worsened over four decades. Talesh catalogs the article’s place in legal lore: “seminal, blockbuster, canonical, game-changing, extraordinary, pivotal, and noteworthy.” Talesh introduces how repeat players gain advantages in the legal system and how “Galanter set out an important agenda for legal scholars, sociologists, political scientists, and economists. In short, “every law and legal studies student should be required to read the article because it contextualizes the procedural system as something more than a set of rules that should be memorized and mechanically applied.” A powerful new addition to the Classics of Law & Society Series by Quid Pro Books. Features active contents, linked notes, active URLs, and linked Index.

In Litigation

Author : Herbert M. Kritzer
Publisher : Stanford University Press
ISBN 13 : 9780804747349
Total Pages : 452 pages
Book Rating : 4.7/5 (473 download)

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Book Synopsis In Litigation by : Herbert M. Kritzer

Download or read book In Litigation written by Herbert M. Kritzer and published by Stanford University Press. This book was released on 2003 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book collects in a single volume Marc Galanter's seminal work, "Why the 'Haves' Come Out Ahead," with ten contemporary articles about Galanter's theory. The articles, which present new research results and synthesize work done over the past few decades, examine the lasting influence and continued importance of this groundbreaking work.

Freedom of Information Act Guide

Author :
Publisher :
ISBN 13 :
Total Pages : 1146 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Freedom of Information Act Guide by :

Download or read book Freedom of Information Act Guide written by and published by . This book was released on 2007 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Improvement of Procedures in Claims Settlement and Government Litigation

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee No. 2
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Improvement of Procedures in Claims Settlement and Government Litigation by : United States. Congress. House. Committee on the Judiciary. Subcommittee No. 2

Download or read book Improvement of Procedures in Claims Settlement and Government Litigation written by United States. Congress. House. Committee on the Judiciary. Subcommittee No. 2 and published by . This book was released on 1966 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Standards of Ethical Conduct for Employees of the Executive Branch

Author : United States. Office of Government Ethics
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (18 download)

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Book Synopsis Standards of Ethical Conduct for Employees of the Executive Branch by : United States. Office of Government Ethics

Download or read book Standards of Ethical Conduct for Employees of the Executive Branch written by United States. Office of Government Ethics and published by . This book was released on 1992 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Improvement of Procedures in Claims Settlement and Government Litigation

Author : United States. Congress. House. Committee on the Judiciary
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Improvement of Procedures in Claims Settlement and Government Litigation by : United States. Congress. House. Committee on the Judiciary

Download or read book Improvement of Procedures in Claims Settlement and Government Litigation written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1966 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Suing Government

Author : Peter H. Schuck
Publisher :
ISBN 13 : 9780300032505
Total Pages : 262 pages
Book Rating : 4.0/5 (325 download)

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Book Synopsis Suing Government by : Peter H. Schuck

Download or read book Suing Government written by Peter H. Schuck and published by . This book was released on 1984-07 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Takings

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674036557
Total Pages : 377 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Takings by : Richard A. Epstein

Download or read book Takings written by Richard A. Epstein and published by Harvard University Press. This book was released on 2009-07-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.

Lawyers, Lawsuits, and Legal Rights

Author : Thomas F. Burke
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