The Loser Pays

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The Conservative Case for Class Actions

Author : Brian T. Fitzpatrick
Publisher : University of Chicago Press
ISBN 13 : 022665933X
Total Pages : 283 pages
Book Rating : 4.2/5 (266 download)

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Book Synopsis The Conservative Case for Class Actions by : Brian T. Fitzpatrick

Download or read book The Conservative Case for Class Actions written by Brian T. Fitzpatrick and published by University of Chicago Press. This book was released on 2019-11-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.

Risks, Reputations, and Rewards

Author : Herbert M. Kritzer
Publisher : Stanford University Press
ISBN 13 : 9780804749671
Total Pages : 364 pages
Book Rating : 4.7/5 (496 download)

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Book Synopsis Risks, Reputations, and Rewards by : Herbert M. Kritzer

Download or read book Risks, Reputations, and Rewards written by Herbert M. Kritzer and published by Stanford University Press. This book was released on 2004 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Risks, Reputations, and Rewards looks at a variety of interrelated questions about contingency fee legal practice: What is the nature of the contingency fees that lawyers charge? How do lawyers get and screen potential cases? How do contingency fee lawyers interact with their clients and opponents? What is involved in settling these cases? What types of returns do contingency fee cases produce? And what role does reputation play in contingency fee practice? The author argues that to be successful, contingency fee lawyers must generate a portfolio of cases, similar to an investment portfolio with its associated risk. This has a significant impact on how contingency fee lawyers obtain and select cases, manage their work, and deal with the pressures that arise in settling cases. More important, understanding the work of contingency fee lawyers in terms of an ongoing practice rather than in terms of individual cases mitigates some of the significant conflicts that may exist between lawyers and clients.

Cost and Fee Allocation in Civil Procedure

Author : Mathias Reimann
Publisher : Springer Science & Business Media
ISBN 13 : 940072263X
Total Pages : 312 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Cost and Fee Allocation in Civil Procedure by : Mathias Reimann

Download or read book Cost and Fee Allocation in Civil Procedure written by Mathias Reimann and published by Springer Science & Business Media. This book was released on 2011-11-15 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families. This study is the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.

Civil Litigation Research Project

Author : Civil Litigation Research Project (U.S.)
Publisher :
ISBN 13 :
Total Pages : 530 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Civil Litigation Research Project by : Civil Litigation Research Project (U.S.)

Download or read book Civil Litigation Research Project written by Civil Litigation Research Project (U.S.) and published by . This book was released on 1983 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of principal findings. -- Studying the civil litigation process. -- Civil litigation as the investment of lawyer time. -- Other studies of civil litigation and dispute processing.

Patent Remedies and Complex Products

Author : C. Bradford Biddle
Publisher : Cambridge University Press
ISBN 13 : 1108426751
Total Pages : 379 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Patent Remedies and Complex Products by : C. Bradford Biddle

Download or read book Patent Remedies and Complex Products written by C. Bradford Biddle and published by Cambridge University Press. This book was released on 2019-06-27 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.

The Losers Club

Author : Andrew Clements
Publisher : Yearling
ISBN 13 : 039955758X
Total Pages : 258 pages
Book Rating : 4.3/5 (995 download)

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Book Synopsis The Losers Club by : Andrew Clements

Download or read book The Losers Club written by Andrew Clements and published by Yearling. This book was released on 2018-07-10 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The beloved New York Times bestselling author of the modern classic Frindle celebrates books and the joy of reading with a new school story to love! Sixth grader Alec can’t put a good book down. So when Principal Vance lays down the law—pay attention in class, or else—Alec takes action. He can’t lose all his reading time, so he starts a club. A club he intends to be the only member of. After all, reading isn’t a team sport, and no one would want to join something called the Losers Club, right? But as more and more kids find their way to Alec’s club—including his ex-friend turned bully and the girl Alec is maybe starting to like—Alec notices something. Real life might be messier than his favorite books, but it’s just as interesting. With The Losers Club, Andrew Clements brings us a new school story that’s a love letter to books and to reading and that reminds us that sometimes the best stories are the ones that happen off the page—our own! Winner of the Rhode Island Children's Book Award (2019) Winner of the International Reading Association and Children's Book Council: Children's Choices List (2018) Winner of the Garden State Children's Book Award (2020) 2021 Grand Canyon Reader Award Nominee A Kansas William White Master List Selection (2018 & 2019) An Arkansas Charlie May Simon Children's Book Award Nominee (2019) A California Young Reader Medal Nominee (2019) A Nebraska Golden Sower Award Nominee (2019) A Virginia Young Readers Program Award Nominee (2019) A Minnesota Maud Heart Lovelace Award Nominee (2019) A Missouri Mark Twain Award Nominee (2019) An Oregon Reader’s Choice Award Nominee (2019) Praise for The Losers Club! * "Clements’s latest is engaging and funny. A laugh-out-loud first purchase for all middle grade collections, and a solid read-aloud choice for classrooms."—School Library Journal, Starred Review "Clements is out to celebrate reading in all its obsessiveness, and...tosses in shout-outs to a passel of other writers. [The Losers Club] gives fried bookworms everywhere the satisfaction of knowing that friends may desert them (if only temporarily) but books never will. "—The New York Times Praise for Andrew Clements! “Clements is a genius.” —The New York Times “We have never read an Andrew Clements book that we haven’t loved.” —The Washington Post

Awards of Attorneys' Fees by Federal Courts and Federal Agencies

Author : Henry Cohen
Publisher :
ISBN 13 : 9781604569889
Total Pages : 0 pages
Book Rating : 4.5/5 (698 download)

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Book Synopsis Awards of Attorneys' Fees by Federal Courts and Federal Agencies by : Henry Cohen

Download or read book Awards of Attorneys' Fees by Federal Courts and Federal Agencies written by Henry Cohen and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys' fees of the prevailing party. The major common law exception authorises federal courts (not agencies) to order a losing party that acts in bad faith to pay the prevailing party's fees. There are also roughly two hundred statutory exceptions, which were generally enacted to encourage private litigation to implement public policy. Awards of attorneys' fees are often designed to help to equalise contests between private individual plaintiffs and corporate or governmental defendants. Thus, attorneys' fees provisions are most often found in civil rights, environmental protection, and consumer protection statutes. In addition, the Equal Access to Justice Act (EAJA) makes the United States liable for attorneys' fees of up to $125 per hour in many court cases and administrative proceedings that it loses (and some that it wins) and fails to prove that its position was substantially justified. EAJA does not apply in tax cases, but a similar statute, 26 U.S.C. § 7430, does. Most Supreme Court decisions involving attorneys' fees have interpreted civil rights statutes, and this book focuses on these statutes. It also discusses awards of costs other than attorneys' fees in federal courts, how courts compute the amount of attorneys' fees to be awarded, statutory limitations on attorneys' fees, and other subjects. In addition, it sets forth the language of all federal attorneys' fees provisions, and includes a bibliography of congressional committee reports and hearings concerning attorneys' fees. In 1997, Congress enacted a statute allowing awards of attorneys' fees to some prevailing criminal defendants.

Attorney Accountability

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property
Publisher :
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.3/5 (121 download)

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Book Synopsis Attorney Accountability by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property

Download or read book Attorney Accountability written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property and published by . This book was released on 1995 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Foundations of Economic Analysis of Law

Author : Steven Shavell
Publisher : Harvard University Press
ISBN 13 : 0674043499
Total Pages : 760 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Foundations of Economic Analysis of Law by : Steven Shavell

Download or read book Foundations of Economic Analysis of Law written by Steven Shavell and published by Harvard University Press. This book was released on 2009-07-01 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law. In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.

Billion Dollar Loser

Author : Reeves Wiedeman
Publisher : Little, Brown
ISBN 13 : 0316461342
Total Pages : 304 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis Billion Dollar Loser by : Reeves Wiedeman

Download or read book Billion Dollar Loser written by Reeves Wiedeman and published by Little, Brown. This book was released on 2020-10-20 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Wall Street Journal Business Bestseller: This "vivid" inside story of WeWork and its CEO tells the remarkable saga of one of the most audacious, and improbable, rises and falls in American business history (Ken Auletta). Christened a potential savior of Silicon Valley's startup culture, Adam Neumann was set to take WeWork, his office share company disrupting the commercial real estate market, public, cash out on the company's forty-seven billion dollar valuation, and break the string of major startups unable to deliver to shareholders. But as employees knew, and investors soon found out, WeWork's capital was built on promises that the company was more than a real estate purveyor, that in fact it was a transformational technology company. Veteran journalist Reeves Weideman dives deep into WeWork and it CEO's astronomical rise, from the marijuana and tequila-filled board rooms to cult-like company summer camps and consciousness-raising with Anthony Kiedis. Billion Dollar Loser is a character-driven business narrative that captures, through the fascinating psyche of a billionaire founder and his wife and co-founder, the slippery state of global capitalism. A Wall Street Journal Business Bestseller “Vivid, carefully reported drama that readers will gulp down as if it were a fast-paced novel” (Ken Auletta)

The Litigation Explosion

Author : Walter K. Olson
Publisher : Plume Books
ISBN 13 :
Total Pages : 408 pages
Book Rating : 4.0/5 ( download)

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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.

Memoirs of Aaron Burr

Author : Aaron Burr
Publisher :
ISBN 13 :
Total Pages : 450 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Memoirs of Aaron Burr by : Aaron Burr

Download or read book Memoirs of Aaron Burr written by Aaron Burr and published by . This book was released on 1836 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Money and the Mechanism of Exchange

Author : William Stanley Jevons
Publisher :
ISBN 13 :
Total Pages : 380 pages
Book Rating : 4.:/5 (2 download)

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Book Synopsis Money and the Mechanism of Exchange by : William Stanley Jevons

Download or read book Money and the Mechanism of Exchange written by William Stanley Jevons and published by . This book was released on 1877 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Review of Civil Litigation Costs

Author : Great Britain. Ministry of Justice
Publisher : The Stationery Office
ISBN 13 : 9780117064034
Total Pages : 388 pages
Book Rating : 4.0/5 (64 download)

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Book Synopsis Review of Civil Litigation Costs by : Great Britain. Ministry of Justice

Download or read book Review of Civil Litigation Costs written by Great Britain. Ministry of Justice and published by The Stationery Office. This book was released on 2010 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.

No Contest

Author : Ralph Nader
Publisher : Random House
ISBN 13 : 0375752587
Total Pages : 461 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 Random House. This book was released on 1998-12-22 with total page 461 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.

Middle Income Access to Justice

Author : M. J. Trebilcock
Publisher : University of Toronto Press
ISBN 13 : 1442612681
Total Pages : 577 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis Middle Income Access to Justice by : M. J. Trebilcock

Download or read book Middle Income Access to Justice written by M. J. Trebilcock and published by University of Toronto Press. This book was released on 2012-01-01 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring contributions by leading Canadian and international scholars, practitioners, and members of the judiciary, this multidisciplinary collection draws on scholarship in the fields of law, social science, and public policy. There is a particular emphasis on family law, consumer law, and employment law, as these are the areas where research has indicated that unmet legal needs are highest.

Justice before the Law

Author : Michael Huemer
Publisher : Springer Nature
ISBN 13 : 3030675432
Total Pages : 375 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Justice before the Law by : Michael Huemer

Download or read book Justice before the Law written by Michael Huemer and published by Springer Nature. This book was released on 2021-09-06 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: America’s legal system harbors serious, widespread injustices. Many defendants are sent to prison for nonviolent offenses, including many victimless crimes. Convicts often serve draconian sentences in crowded prisons rife with abuse. Almost all defendants are convicted without trial because prosecutors threaten defendants with drastically higher sentences if they request a trial. Most Americans are terrified of encountering any kind of legal trouble, knowing that both civil and criminal courts are extremely slow, unreliable, and expensive to use. This book explores the largest injustices in the legal system and what can be done about them. Besides proposing institutional reforms, the author argues that prosecutors, judges, lawyers, and jury members ought to place justice before the law – for example, by refusing to enforce unjust laws or impose unjust sentences. Issues addressed include: · The philosophical basis for judgments about rights and justice · The problems of overcriminalization and mass incarceration · Abuse of power by police and prosecutors · The injustice of plea bargaining · The appropriateness of jury nullification · The authority of the law, or the lack thereof Justice Before the Law is essential reading for everyone interested in legal ethics, the rule of law, and criminal justice. It is also ideal for students of legal philosophy.