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Author: Alexandra Lahav
Publisher: Oxford University Press
ISBN: 0199380821
Category : Law
Languages : en
Pages : 233
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While the right to have one's day in court is a cherished feature of the American democratic system, alarms that the United States is hopelessly litigious and awash in frivolous claims have become so commonplace that they are now a fixture in the popular imagination. According to this view, litigation wastes precious resources, stifles innovation and productivity, and corrodes our social fabric and the national character. Calls for reform have sought, often successfully, to limit people's access to the court system, most often by imposing technical barriers to bringing suit. Alexandra Lahav's In Praise of Litigation provides a much needed corrective to this flawed perspective, reminding us of the irreplaceable role of litigation in a well-functioning democracy and debunking many of the myths that cloud our understanding of this role. For example, the vast majority of lawsuits in the United States are based on contract claims, the median value of lawsuits is on a downward trend, and, on a per capita basis, many fewer lawsuits are filed today than were filed in the 19th century. Exploring cases involving freedom of speech, foodborne illness, defective cars, business competition, and more, the book shows that despite its inevitable limitations, litigation empowers citizens to challenge the most powerful public and private interests and hold them accountable for their actions. Lawsuits change behavior, provide information to consumers and citizens, promote deliberation, and express society's views on equality and its most treasured values. In Praise of Litigation shows how our court system protects our liberties and enables civil society to flourish, and serves as a powerful reminder of why we need to protect people's ability to use it. The tort reform movement has had some real successes in limiting what can reach the courts, but there have been victims too. As Alexandra Lahav shows, it has become increasingly difficult for ordinary people to enforce their rights. In the grand scale of lawsuits, actually crazy or bogus lawsuits constitute a tiny minority; in fact, most anecdotes turn out to be misrepresentations of what actually happened. In In Praise of Litigation, Lahav argues that critics are blinded to the many benefits of lawsuits. The majority of lawsuits promote equality before the law, transparency, and accountability. Our ability to go to court is a sign of our strength as a society and enables us to both participate in and reinforce the rule of law. In addition, joining lawsuits gives citizens direct access to governmental officials-judges-who can hear their arguments about issues central to our democracy, including the proper extent of police power and the ability of all people to vote. It is at least arguable that lawsuits have helped spur major social changes in arenas like race relations and marriage rights, as well as made products safer and forced wrongdoers to answer for their conduct. In this defense, Lahav does not ignore the obvious drawbacks to litigiousness. It is expensive, stressful, and time consuming. Certainly, sensible reforms could make the system better. However, many of the proposals that have been adopted and are currently on the table seek only to solve problems that do not exist or to make it harder for citizens to defend their rights and to enforce the law. This is not the answer. In Praise of Litigation offers a level-headed and law-based assessment of the state of litigation in America as well as a number of practical steps that can be taken to ensure citizens have the right to defend themselves against wrongs while not odiously infringing on the rights of others.
Author: Graeme Hodge
Publisher: Routledge
ISBN: 0429977654
Category : Political Science
Languages : en
Pages : 290
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Book Description
Contracting out public sector services and divesting public enterprises are reforms that have enjoyed widespread global popularity in recent years. Better services, lower prices and greater accountability are the promises made by politicians, senior executives, and investment companies when functions are moved from the public sector to private enterprise. But in Privatization, Graeme A. Hodge challenges these assumptions. Through an examination of hundreds of international studies on the performance of privatization activities, Hodge demonstrates that privatizing public services is often not the guaranteed panacea portrayed by its political supporters. Importantly, privatization activities can lead to modest gains, but there are also winners and losers in this reform. It therefore deserves far more care and balanced debate than it usually attracts.
Author: Paul J. Andrisani
Publisher: Springer Science & Business Media
ISBN: 9781402071171
Category : Business & Economics
Languages : en
Pages : 242
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Book Description
This volume brings together the innovative ideas of 21 of America's leading governors and mayors expressed in their own words. The book features contributions carefully collected and selected over several years, including chapters by former Governors George Bush of Texas and Tommy Thompson of Wisconsin and Mayors Giuliani and Daley of New York and Chicago respectively. The editors have cast these varied contributions within the framework of "the New Public Management", whose main elements are: (1) reverting to core functions; (2) devolving authority and decentralizing; (3) "rightsizing", or limiting the size and scope of government; (4) restoring civil society; (5) adopting market principles; (6) managing for results, satisfying citizens, and holding government accountable; (7) empowering employees, citizens, and communities; and (8) introducing e-government and modern technology. Most of the chapters exemplify more than one of these elements. The most common theme of these officials is their use of market forces and principles to improve the conditions of their states and cities. Another common thread is empowering employees, citizens, and communities. Several officials describe their success in reforming education and others to their technological innovations and achievements; others describe their fundamental and thoroughgoing management reforms. States and cities-small and large-are represented here, and their leaders illustrate and illuminate the kinds of forward thinking that can profitably be adopted elsewhere to achieve similar success. This book is intended to help make that happen.
