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Author: Elizabeth Chamblee Burch
Publisher: Cambridge University Press
ISBN: 1108416977
Category : Business & Economics
Languages : en
Pages : 293
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Book Description
Presenting twenty-two years of multidistrict litigation data, this book exposes a systematic lack of checks and balances in our courts.
Author: Elizabeth Chamblee Burch
Publisher: Cambridge University Press
ISBN: 1108416977
Category : Business & Economics
Languages : en
Pages : 293
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Book Description
Presenting twenty-two years of multidistrict litigation data, this book exposes a systematic lack of checks and balances in our courts.
Author:
Publisher:
ISBN:
Category : Arbitration agreements, Commercial
Languages : en
Pages : 328
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Book Description
Author:
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Category : Actions and defenses
Languages : en
Pages : 12
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Book Description
Author: Deborah R. Hensler
Publisher: Rand Corporation
ISBN: 0833043943
Category : Law
Languages : en
Pages : 635
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Book Description
Class action lawsuits--allowing one or a few plaintiffs to represent many who seek redress--have long been controversial. The current controversy, centered on lawsuits for money damages, is characterized by sharp disagreement among stakeholders about the kinds of suits being filed, whether plaintiffs' claims are meritorious, and whether resolutions to class actions are fair or socially desirable. Ultimately, these concerns lead many to wonder, Are class actions worth their costs to society and to business? Do they do more harm than good? To describe the landscape of current damage class action litigation, elucidate problems, and identify solutions, the RAND Institute for Civil Justice conducted a study using qualitative and quantitative research methods. The researchers concluded that the controversy over damage class actions has proven intractable because it implicates deeply held but sharply contested ideological views among stakeholders. Nevertheless, many of the political antagonists agree that class action practices merit improvement. The authors argue that both practices and outcomes could be substantially improved if more judges would supervise class action litigation more actively and scrutinize proposed settlements and fee awards more carefully. Educating and empowering judges to take more responsibility for case outcomes--and ensuring that they have the resources to do so--can help the civil justice system achieve a better balance between the public goals of class actions and the private interests that drive them.
Author: Richard A. Nagareda
Publisher: University of Chicago Press
ISBN: 0226567621
Category : Law
Languages : en
Pages : 348
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Book Description
The traditional definition of torts involves bizarre, idiosyncratic events where a single plaintiff with a physical impairment sues the specific defendant he believes to have wrongfully caused that malady. Yet public attention has focused increasingly on mass personal-injury lawsuits over asbestos, cigarettes, guns, the diet drug fen-phen, breast implants, and, most recently, Vioxx. Richard A. Nagareda’s Mass Torts in a World of Settlement is the first attempt to analyze the lawyer’s role in this world of high-stakes, multibillion-dollar litigation. These mass settlements, Nagareda argues, have transformed the legal system so acutely that rival teams of lawyers operate as sophisticated governing powers rather than litigators. His controversial solution is the replacement of the existing tort system with a private administrative framework to address both current and future claims. This book is a must-read for concerned citizens, policymakers, lawyers, investors, and executives grappling with the changing face of mass torts.
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Category : Evidence, Expert
Languages : en
Pages : 652
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Book Description
Author: Stephen B. Burbank
Publisher: Cambridge University Press
ISBN: 110818409X
Category : Law
Languages : en
Pages : 299
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Book Description
This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.
Author: Robert Dingwall
Publisher: Quid Pro Books
ISBN: 1610272323
Category : Social Science
Languages : en
Pages : 489
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Book Description
Robert Dingwall and Philip Lewis’s renowned compilation of diverse studies—written by internationally recognized theorists and empirical researchers into the sociology of the professions—was groundbreaking when first published in 1983 and has influenced scholars, practitioners, and professionals since. Not limited to one occupation or field, as are most such works, this collection examines across traditional fields the idea and practice of professions and professionals. The 2014 digital edition features a substantive new Foreword by Professor Sida Liu of the University of Wisconsin–Madison. He notes that this book “is a rare effort to fully compare the two classic cases of doctors and lawyers in the professions literature. The contributors of the book include a number of prominent authors on the professions in Britain and the United States. Until today, it remains a vitally important volume for scholars and students interested in various aspects of professional life.” “Looking back,” Liu adds, “one must be struck by the extent to which theorists of professions and empirical researchers on doctors and lawyers from both the UK and US fully engage with one another throughout the book.” He concludes that the reemergence of “this excellent book three decades after its initial publication will reconfirm its status as a classic collection of essays on the professions.” The Sociology of the Professions brings together enduring work by some of the most influential writers on the sociology of the professions. It is a deliberate attempt to extend the theoretical basis of the specialty by a comparative approach, using data and interviews on medicine and law. Recognized advances in understanding the professions resulted from the work of medical sociologists on the division of labor in health care and on the relation between health services and society. Their foundation, though, appeared uncertain in the absence of comparable material on other sectors. At the same time, the sociology of law has tended to neglect the study of the profession in favor of the analysis of statutes and their effects. But law is not just what is written in legislation; it is people’s work. Our understanding of the social organization of legal services is incomplete without that perspective. The contributors to this volume are recognized authorities from a variety of fields, from the UK and US. They include Dingwall and Lewis, as well as Paul Atkinson, Maureen Cain, John Eekelaar, Eliot Freidson, Marc Galanter, Gordon Horobin, Malcolm Johnson, Geoff Mungham, Topsy Murray, Alan Paterson, Dietrich Rueschemeyer, P.M. Strong, and Philip Thomas. Their studies fall into three categories: “Professions, Knowledge and Power,” “Professional Work,” and “Professional Careers.” The volume retains a comprehensive bibliography of relevant British and US sources on the study of the professions in law, medicine, and beyond. Reviews of the original edition include: “Dingwall and Lewis have provided an exemplar of what an edited volume can be. Its comparativism, its span of European and American scholarship, its internal debates, its efforts to press into new theoretical terrain, all add to a refreshing and challenging collection. In fact, this volume would be a far better entree to the enduring questions of professions in modern societies than the limp alternatives too frequently served in its place.” — Terence Halliday in Social Forces “This anthology provides an exceptionally literate assessment of past research and a coherent statement of the research agenda for the future.” — Eve Spangler in Contemporary Sociology “There is a ... sense of excitement, as many of the contributors attempt to mark out new subjects for future research, or try out new strategies of investigation and invite the reader, or reviewer, to participate in their debates.” — Michael Burrage in Modern Law Review Also available in new paperback edition.
Author: Constance Backhouse
Publisher: University of Toronto Press
ISBN: 1442690852
Category : Social Science
Languages : en
Pages : 505
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Book Description
Historically Canadians have considered themselves to be more or less free of racial prejudice. Although this conception has been challenged in recent years, it has not been completely dispelled. In Colour-Coded, Constance Backhouse illustrates the tenacious hold that white supremacy had on our legal system in the first half of this century, and underscores the damaging legacy of inequality that continues today. Backhouse presents detailed narratives of six court cases, each giving evidence of blatant racism created and enforced through law. The cases focus on Aboriginal, Inuit, Chinese-Canadian, and African-Canadian individuals, taking us from the criminal prosecution of traditional Aboriginal dance to the trial of members of the 'Ku Klux Klan of Kanada.' From thousands of possibilities, Backhouse has selected studies that constitute central moments in the legal history of race in Canada. Her selection also considers a wide range of legal forums, including administrative rulings by municipal councils, criminal trials before police magistrates, and criminal and civil cases heard by the highest courts in the provinces and by the Supreme Court of Canada. The extensive and detailed documentation presented here leaves no doubt that the Canadian legal system played a dominant role in creating and preserving racial discrimination. A central message of this book is that racism is deeply embedded in Canadian history despite Canada's reputation as a raceless society. Winner of the Joseph Brant Award, presented by the Ontario Historical Society
Author: Owen M. Fiss
Publisher: Foundation Press
ISBN:
Category : Law
Languages : en
Pages : 1290
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Book Description
The casebook provides detailed information on procedure. It includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.
