The Limits Of Litigation

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The Limits of Litigation

Author : Ronald J. Bacigal
Publisher :
ISBN 13 :
Total Pages : 170 pages
Book Rating : 4.4/5 (91 download)

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Book Synopsis The Limits of Litigation by : Ronald J. Bacigal

Download or read book The Limits of Litigation written by Ronald J. Bacigal and published by . This book was released on 1990 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: As one participant in the litigation noted, the controversy surrounding the Dalkon Shield constitutes the "largest product liability medical malpractice group of cases in 20th century America." This volume brings together the many complex facts of the Dalkon Shield story and the decade of litigation into a manageable, readable format. At the same time, Bacigal considers the role that a trial judge plays in such complex litigation. The traditional notion of detached and neutral judges seems inappropriate in resolving a legal dispute that involved hundreds of thousands of victims in a common disaster. The judicial roles played by Judge Lord and Judge Merhige have received both considerable praise and criticism from legal scholars and the general public. This volume goes beyond existing volumes dealing with the Dalkon Shield cases because it includes the bankruptcy proceedings. By "completing the story," Bacigal provides an overview of the controversy from the creation of the shield through the completion of the litigation, thus evaluating the legal and pragmatic difficulties encountered in utilizing bankruptcy as a means of resolving mass tort litigation.

Facing the Limits of the Law

Author : Erik Claes
Publisher : Springer Science & Business Media
ISBN 13 : 3540798560
Total Pages : 540 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis Facing the Limits of the Law by : Erik Claes

Download or read book Facing the Limits of the Law written by Erik Claes and published by Springer Science & Business Media. This book was released on 2009-04-21 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.

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.

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.

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

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.

Recrafting the Rule of Law

Author : David Dyzenhaus
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311415
Total Pages : 388 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Recrafting the Rule of Law by : David Dyzenhaus

Download or read book Recrafting the Rule of Law written by David Dyzenhaus and published by Bloomsbury Publishing. This book was released on 1999-07-01 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays on the rule of law focuses on the traditional question whether the rule of law is necessarily the rule of moral principles, the question of the legitimacy of law. Essays by lawyers, philosophers, and political theorists illuminate and take forward both that question and debate about issues to do with the reach of the rule of law which complicate its answer. The essays are divided into sections which deal, first, with legal orders where the rule of law is under severe stress, second, with the question of the value of the rule of law as a conceptual problem, and, third, with the question of the limits of legal order. Contributors: Richard Abel, Jody Freeman, Robert Alexy, Neil MacCormick, Kenneth Winston, Andras Sajo, Alon Harel, Anton Fagan, Anthony Sebok, Christine Sypnowich, Allan Hutchinson, Bill Scheuerman, John MacCormick, Julian Rivers, Henry Richardson, David Dyzenhaus.

Limits Of Law

Author : Peter Schuck
Publisher : Routledge
ISBN 13 : 042996773X
Total Pages : 505 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Limits Of Law by : Peter Schuck

Download or read book Limits Of Law written by Peter Schuck and published by Routledge. This book was released on 2018-03-08 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is an increasingly pervasive force in our society. At the same time, however, the obstacles to law’s effectiveness are also growing. In The limits of Law, Yale law professor Peter H, Schuck draws on law, social science, and history to explore this momentous clash between law’s compelling promise of ordered liberty and the realistic limits of its capacity to deliver on this promise. Schuck first discusses the constraints within which law must work–law’s own complexity, the cultural chasms it must bridge, and the social diversity it must accommodate–and proceeds to consider the ways law uses regulatory, legislative, and adjudicatory processes to influence social behavior. He shows how politics shapes regulation, how regulation might incorporate individualized equity, and how it can best be reformed. Turning to legislation, he justifies a strong role for special interest groups, dissects purely symbolic statutes, and defends broad delegations of legislative power to regulatory agencies. Concerning adjudication, Schuck analyzes the courts’ efforts to advance social justice by controlling federal agencies, constitutionalizing politics, managing mass toxic tort disputes, and reforming public services and institutions. His concluding chapter draws together some general lessons about law’s limits and possibilities for improving democratic governance.

Incarceration and the Law, Cases and Materials

Author : Margo Schlanger
Publisher : West Academic Publishing
ISBN 13 : 9781683287964
Total Pages : 1071 pages
Book Rating : 4.2/5 (879 download)

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Book Synopsis Incarceration and the Law, Cases and Materials by : Margo Schlanger

Download or read book Incarceration and the Law, Cases and Materials written by Margo Schlanger and published by West Academic Publishing. This book was released on 2020-05-29 with total page 1071 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the age of American mass incarceration, a complex legal regime governs prison conditions and presents a host of controversial questions at the intersection of constitutional liberty, statutory interpretation, administrative regulation, and public policy. This is a completely overhauled, re-titled, and much-expanded version of the leading casebook about incarceration. It addresses both pretrial and post-conviction incarceration, presenting Supreme Court and leading lower court case law, statutes, litigation materials, professional standards, academic commentary, and prisoner writing. Topics include conditions of confinement, civil liberties, particular prisoner populations and relevant legal issues (race and national origin discrimination, the particular issues/law governing treatment of incarcerated women, LGBTQ people, and people with disabilities). Litigated remedies (injunctive litigation, damages, the Prison Litigation Reform Act, and criminal prosecution of prison staff), are also covered in detail, as is non-litigation oversight. The casebook is supplemented by an open-access website that offers additional resources and sources for further reading.

Litigious Society

Author : Jethro Koller Lieberman
Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Litigious Society by : Jethro Koller Lieberman

Download or read book Litigious Society written by Jethro Koller Lieberman and published by . This book was released on 1981-05-28 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

United States Attorneys' Manual

Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : 720 pages
Book Rating : 4.3/5 ( 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 1985 with total page 720 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:

The Hollow Hope

Author : Gerald N. Rosenberg
Publisher : University of Chicago Press
ISBN 13 : 0226726681
Total Pages : 541 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis The Hollow Hope by : Gerald N. Rosenberg

Download or read book The Hollow Hope written by Gerald N. Rosenberg and published by University of Chicago Press. This book was released on 2008-09-15 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.

Michigan Court Rules

Author : Kelly Stephen Searl
Publisher :
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Michigan Court Rules by : Kelly Stephen Searl

Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Constitution of Freedom

Author : András Sajó
Publisher : Oxford University Press
ISBN 13 : 0191046043
Total Pages : 606 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Constitution of Freedom by : András Sajó

Download or read book The Constitution of Freedom written by András Sajó and published by Oxford University Press. This book was released on 2017-11-04 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.

Litigation by the Numbers

Author : Julie A. Goren
Publisher :
ISBN 13 : 9780974936109
Total Pages : 390 pages
Book Rating : 4.9/5 (361 download)

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Book Synopsis Litigation by the Numbers by : Julie A. Goren

Download or read book Litigation by the Numbers written by Julie A. Goren and published by . This book was released on 2004-01-01 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essential civil litigation handbook devoted to the "HOW TO's " of California procedure. The California Code of Civil Procedure, California Rules of Court, and Judicial Council forms are combined so that the reader learns for any given task: which form to use, how to complete it, and how and when to file and serve it. This step-by-step litigation handbook is used by attorneys, paralegals, and legal secretaries both as a quick reference and as a training tool, and has been adopted as a text by several California college paralegal and legal secretarial programs. Additionally, law librarians of numerous California county law libraries keep it on reserve to help self-represented litigants. Updated at least annually to reflect new rules and forms, the book contains over 390 pages explaining the various phases of a California civil case. Chapters include: Appearance by Plaintiff (preparing the Complaint and all required forms, filing and serving by all allowable methods); Filing and Service (filing and serving documents throughout the case); Default by Defendant (entering a default and obtaining default judgment); Appearance by Defendant (preparing, filing, and serving answers and cross-complaints); Motions (preparing regular motions, discovery motions, ex parte applications, demurrers, and motions to strike); Discovery (setting up depositions of parties and non-parties, preparing, serving, and responding to requests for admission, interrogatories, and requests for production); Settlement and Dismissal (notifying the court of settlement and dismissing the case); Pre-Trial (preparing case management documentation and subpoenaing witnesses); and Judgment and Enforcement (placing liens on real estate, noticing judgment debtor exams, obtaining costs of suit).

Limits of Supranational Justice

Author : Dilek Kurban
Publisher : Cambridge University Press
ISBN 13 : 9781108702324
Total Pages : 0 pages
Book Rating : 4.7/5 (23 download)

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Book Synopsis Limits of Supranational Justice by : Dilek Kurban

Download or read book Limits of Supranational Justice written by Dilek Kurban and published by Cambridge University Press. This book was released on 2022-08-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its contextualized analysis of the European Court of Human Rights' (ECtHR) engagement in Turkey's Kurdish conflict since the early 1990s, Limits of Supranational Justice makes a much-needed contribution to scholarships on supranational courts and legal mobilization. Based on a socio-legal account of the efforts of Kurdish lawyers in mobilizing the ECtHR on behalf of abducted, executed, tortured and displaced civilians under emergency rule, and a doctrinal legal analysis of the ECtHR's jurisprudence in these cases, this book powerfully demonstrates the Strasbourg court's failure to end gross violations in the Kurdish region. It brings together legal, political, sociological and historical narratives, and highlights the factors enabling the perpetuation of state violence and political repression against the Kurds. The effectiveness of supranational courts can best be assessed in hard cases such as Turkey, and this book demonstrates the need for a reappraisal of current academic and jurisprudential approaches to authoritarian regimes.