Too Many Lawsuits

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Why Lawsuits are Good for America

Author : Carl T. Bogus
Publisher : NYU Press
ISBN 13 : 0814737943
Total Pages : 277 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Why Lawsuits are Good for America by : Carl T. Bogus

Download or read book Why Lawsuits are Good for America written by Carl T. Bogus and published by NYU Press. This book was released on 2003-07-01 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that lawsuits work far better than commonly understood Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald’s because she was scalded when she spilled her coffee. Thousands file lawsuits claiming they were injured by Agent Orange, silicone breast implants, or Bendectin although scientists report these substances do not cause the diseases in question. The United States, conventional wisdom has it, is a hyperlitigious society, propelled by avaricious lawyers, harebrained judges, and runaway juries. Lawsuits waste money and time and, moreover, many are simply groundless. Carl T. Bogus is not so sure. In Why Lawsuits Are Good for America, Bogus argues that common law works far better than commonly understood. Indeed, Bogus contends that while the system can and occasionally does produce “wrong” results, it is very difficult for it to make flatly irrational decisions. Blending history, theory, empirical data, and colorful case studies, Bogus explains why the common law, rather than being outdated, may be more necessary than ever. As Bogus sees it, the common law is an essential adjunct to governmental regulation—essential, in part, because it is not as easily manipulated by big business. Meanwhile, big business has launched an all out war on the common law. “Tort reform”—measures designed to make more difficult for individuals to sue corporations—one of the ten proposals in the Republican Contract With America, and George W. Bush’s first major initiative as Governor of Texas. And much of what we have come to believe about the system comes from a coordinated propaganda effort by big business and its allies. Bogus makes a compelling case for the necessity of safeguarding the system from current assaults. Why Lawsuits Are Good for America provides broad historical overviews of the development of American common law, torts, products liability, as well as fresh and provocative arguments about the role of the system of “disciplined democracy” in the twenty-first century.

Why I Sued Taylor Swift

Author :
Publisher :
ISBN 13 : 9780692970102
Total Pages : 167 pages
Book Rating : 4.9/5 (71 download)

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Book Synopsis Why I Sued Taylor Swift by :

Download or read book Why I Sued Taylor Swift written by and published by . This book was released on 2017-10-22 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: An inspiring, true underdog story about a disabled songwriter who sued Taylor Swift for her misrepresentations.

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.

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.

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

The Magic of Memoir

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

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Book Synopsis The Magic of Memoir by : Linda Joy Myers

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

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:

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.

Plaintiff in Chief

Author : James D. Zirin
Publisher : Macmillan + ORM
ISBN 13 : 1250201632
Total Pages : 217 pages
Book Rating : 4.2/5 (52 download)

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Book Synopsis Plaintiff in Chief by : James D. Zirin

Download or read book Plaintiff in Chief written by James D. Zirin and published by Macmillan + ORM. This book was released on 2019-09-24 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of Donald Trump's legal history reveals his temperament, methods, character, and morality. Unlike all previous presidents who held distinguished positions in government or the military prior to entering office, Donald Trump's political worldview was molded in the courtroom. He sees law not as a system of rules to be obeyed and ethical ideals to be respected, but as a weapon to be used against his adversaries or a hurdle to be sidestepped when it gets in his way. He has weaponized the justice system throughout his career, and he has continued to use these backhanded tactics as Plaintiff in Chief. In this book, distinguished New York attorney James D. Zirin presents Trump's lengthy litigation history as an indication of his character and morality, and his findings are chilling: if you partner with Donald Trump, you will probably wind up litigating with him. If you enroll in his university or buy one of his apartments, chances are you will want your money back. If you are a woman and you get too close to him, you may need to watch your back. If you try to sue him, he's likely to defame you. If you make a deal with him, you had better get it in writing. If you are a lawyer, an architect, or even his dentist, you'd better get paid up front. If you venture an opinion that publicly criticizes him, you may be sued for libel. A window into the president's dark legal history, Plaintiff in Chief is as informative as it is disturbing.

The Lawyer Bubble

Author : Steven J Harper
Publisher : Hachette UK
ISBN 13 : 0465097634
Total Pages : 320 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis The Lawyer Bubble by : Steven J Harper

Download or read book The Lawyer Bubble written by Steven J Harper and published by Hachette UK. This book was released on 2016-03-08 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A noble profession is facing its defining moment. From law schools to the prestigious firms that represent the pinnacle of a legal career, a crisis is unfolding. News headlines tell part of the story—the growing oversupply of new lawyers, widespread career dissatisfaction, and spectacular implosions of pre-eminent law firms. Yet eager hordes of bright young people continue to step over each other as they seek jobs with high rates of depression, life-consuming hours, and little assurance of financial stability. The Great Recession has only worsened these trends, but correction is possible and, now, imperative. In The Lawyer Bubble, Steven J. Harper reveals how a culture of short-term thinking has blinded some of the nation’s finest minds to the long-run implications of their actions. Law school deans have ceded independent judgment to flawed U.S. News & World Report rankings criteria in the quest to maximize immediate results. Senior partners in the nation’s large law firms have focused on current profits to enhance American Lawyer rankings and individual wealth at great cost to their institutions. Yet, wiser decisions—being honest about the legal job market, revisiting the financial incentives currently driving bad behavior, eliminating the billable hour model, and more—can take the profession to a better place. A devastating indictment of the greed, shortsightedness, and dishonesty that now permeate the legal profession, this insider account is essential reading for anyone who wants to know how things went so wrong and how the profession can right itself once again.

Law 101

Author : Jay Feinman
Publisher : Oxford University Press
ISBN 13 : 0199341702
Total Pages : 377 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Law 101 by : Jay Feinman

Download or read book Law 101 written by Jay Feinman and published by Oxford University Press. This book was released on 2014-08-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In each of the first three editions of the bestselling Law 101, Jay Feinman gave readers an upbeat and vivid examination of the American legal system. Since the third edition was published in 2010, much has happened: several key Supreme Court cases have been decided, we've seen sensational criminal trials, and the legal system has had to account for the latest developments in Internet law. This fully updated fourth edition of Law 101 accounts for all this and more, as Feinman once again provides a clear introduction to American law. The book covers all the main subjects taught in the first year of law school, and discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, and contracts law. To accomplish this, Feinman brings in the most noteworthy, infamous, and often outrageous examples and cases. We learn about the case involving scalding coffee that cost McDonald's half a million dollars, the murder trial in Victorian London that gave us the legal definition of insanity, and the epochal decision of Marbury vs. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. A key to learning about the law is learning legal vocabulary, and Feinman helps by clarifying terms like "due process" and "equal protection," as well as by drawing distinctions between terms like "murder" and "manslaughter." Above all, though, is that Feinman reveals to readers of all kinds that despite its complexities and quirks, the law is can be understood by everyone. Perfect for students contemplating law school, journalists covering legislature, or even casual fans of "court-television" shows, Law 101 is a clear and accessible introduction to the American legal system. New to this edition: Featured analysis of: -the Obamacare case -Citizens United -the DOMA decision -the Trayvon Martin case As well as recent legal developments pertaining to: -online contracting -mortgages -police investigations -criminal sentencing

The Myth of the Litigious Society

Author : David M. Engel
Publisher : University of Chicago Press
ISBN 13 : 022630504X
Total Pages : 241 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis The Myth of the Litigious Society by : David M. Engel

Download or read book The Myth of the Litigious Society written by David M. Engel and published by University of Chicago Press. This book was released on 2016-09-16 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the United States is often called the Land of the Law Suit, in reality Americans hardly sue at all. In fact, when it comes to physical injuries, over 90% of the time, we--as David M. Engel points out in his engaging and provocative book--simply lump it, making no claims against either the injurers or their insurance companies. Bringing to bear an impressive array of research and data, Engel firmly and persuasively demolishes the pervasive myth of the litigious American. But why don t most people sue whey they have been wrongfully physically injured? We have in fact a mystery, what Engel calls The Case of the Missing Plaintiff. The solution his investigation leads us to is as fascinating as it is unexpected. Engel reconstructs how people who suffer injuries actually react to them. When real people experience physical injuries, their lives, thoughts, and emotions are profoundly disrupted and compromised. They often have difficulty thinking clearly and acting decisively. Human nature, our immediate friends and families, and broader social and cultural factors all tend again injury victims making claims. And as often as one might have heard of victim-blaming, self-blame is one of the most common reactions of victims to their injuries. Ultimately Engel shows that the proliferation of law and regulations in our society is not the problem. The real problem is the law s failure to protect those who suffer wrongful injuries. Tort law is usually said to serve three purposes that even those who want to curtail law suits would agree on: to compensate losses suffered by injury victims, to deter unnecessarily risky and harmful behavior, and to correct the moral injustice that results when one person or group injures another. Engel s book clearly and powerfully shows that none of these purposes is being met and concludes his investigation with recommendations for how they might be."

The Medical Malpractice Myth

Author : Tom Baker
Publisher : ReadHowYouWant.com
ISBN 13 : 1459615654
Total Pages : 386 pages
Book Rating : 4.4/5 (596 download)

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Book Synopsis The Medical Malpractice Myth by : Tom Baker

Download or read book The Medical Malpractice Myth written by Tom Baker and published by ReadHowYouWant.com. This book was released on 2011-03 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: n January 2005, President Bush declared the medical malpractice liability system out of control.The president's speech was merely an echo of what doctors and politicians (mostly Republicans) have been saying for years - that medical malpractice premiums are skyrocketing due to an explosion in malpractice litigation. Along comes Baker, direct...

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.

Reading the Landscape of Disputes

Author : Marc Galanter
Publisher :
ISBN 13 :
Total Pages : 146 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Reading the Landscape of Disputes by : Marc Galanter

Download or read book Reading the Landscape of Disputes written by Marc Galanter and published by . This book was released on 1983 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rights Gone Wrong

Author : Richard Thompson Ford
Publisher : Macmillan + ORM
ISBN 13 : 1429969253
Total Pages : 283 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Rights Gone Wrong by : Richard Thompson Ford

Download or read book Rights Gone Wrong written by Richard Thompson Ford and published by Macmillan + ORM. This book was released on 2011-10-25 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Notable Book for 2011 Since the 1960s, ideas developed during the civil rights movement have been astonishingly successful in fighting overt discrimination and prejudice. But how successful are they at combating the whole spectrum of social injustice-including conditions that aren't directly caused by bigotry? How do they stand up to segregation, for instance-a legacy of racism, but not the direct result of ongoing discrimination? It's tempting to believe that civil rights litigation can combat these social ills as efficiently as it has fought blatant discrimination. In Rights Gone Wrong, Richard Thompson Ford, author of the New York Times Notable Book The Race Card, argues that this is seldom the case. Civil rights do too much and not enough: opportunists use them to get a competitive edge in schools and job markets, while special-interest groups use them to demand special privileges. Extremists on both the left and the right have hijacked civil rights for personal advantage. Worst of all, their theatrics have drawn attention away from more serious social injustices. Ford, a professor of law at Stanford University, shows us the many ways in which civil rights can go terribly wrong. He examines newsworthy lawsuits with shrewdness and humor, proving that the distinction between civil rights and personal entitlements is often anything but clear. Finally, he reveals how many of today's social injustices actually can't be remedied by civil rights law, and demands more creative and nuanced solutions. In order to live up to the legacy of the civil rights movement, we must renew our commitment to civil rights, and move beyond them.

Second Victim

Author : Sidney Dekker
Publisher : CRC Press
ISBN 13 : 146658341X
Total Pages : 131 pages
Book Rating : 4.4/5 (665 download)

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Book Synopsis Second Victim by : Sidney Dekker

Download or read book Second Victim written by Sidney Dekker and published by CRC Press. This book was released on 2013-03-26 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do people cope with having "caused" a terrible accident? How do they cope when they survive and have to live with the consequences ever after? We tend to blame and forget professionals who cause incidents and accidents, but they are victims too. They are second victims whose experiences of an incident or adverse event can be as traumatic as that of the first victims’. Yet information on second victimhood and its relationship to safety, about what is known and what organizations might need to do, is difficult to find. Thoroughly exploring an emerging topic with great relevance to safety culture, Second Victim: Error, Guilt, Trauma, and Resilience examines the lived experience of second victims. It goes through what we know about trauma, guilt, forgiveness, and injustice and how these might be felt by the second victim. The author discusses how to conduct investigations of incidents that do not alienate second victims or make them feel even worse. It explores the importance support and resilience and where the responsibilities for creating it may lie. Drawing on his unique background as psychologist, airline pilot, and safety specialist, and his own experiences with helping second victims from a variety of backgrounds, Sidney Dekker has written a powerful, moving account of the experience of the second victim. It forms compelling reading for practitioners, risk managers, human resources managers, safety experts, mental health workers, regulators, the judiciary, and many other professionals. Dekker provides a strong theoretical background to promote understanding of the situation of the second victim and solid practical advice about how to deal with trauma that continues after an event leading to preventable harm or even avoidable death of a patient, consumer, or colleague. Listen to Sidney Dekker speak about his book