The Lawyer-Judge Bias in the American Legal System

The Lawyer-Judge Bias in the American Legal System PDF Author: Benjamin H. Barton
Publisher: Cambridge University Press
ISBN: 1139495585
Category : Law
Languages : en
Pages : 313

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Book Description
Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.

The Lawyer-Judge Bias in the American Legal System

The Lawyer-Judge Bias in the American Legal System PDF Author: Benjamin H. Barton
Publisher: Cambridge University Press
ISBN: 1139495585
Category : Law
Languages : en
Pages : 313

Get Book Here

Book Description
Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
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.

Bicycle Accidents

Bicycle Accidents PDF Author: Jeffrey P. Broker
Publisher: Lawyers and Judges Publishing
ISBN: 0913875902
Category : Health & Fitness
Languages : en
Pages : 580

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Book Description
With more than 20 years of experience investigating bicycle accidents between them, the authors present a wealth of information on the many different aspects of bicycle accidents and covers such topics as cyclists rights and duties, accident types, insurance and liability issues and bicycle regulatory information, and much more.

The Fraternity

The Fraternity PDF Author: John Fitzgerald Molloy
Publisher: Paragon House Publishers
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 272

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Book Description
A former Chief Justice of the Court of Appeals for Arizona discusses his part in what he considers "collusion" as a lawyer, including discussions of cases in which he was professionally involved, and argues that American lawyers and judges have acted jointly to make the legal system progressively require the work of legal professionals, an outcome that has become possible by sanctifying the Constitution in a way that allows them to paint opposition to their decisions as sacreligious.

What Judges Want

What Judges Want PDF Author: James M. Stanton
Publisher: Texas Lawyer
ISBN: 9781576259344
Category : Motions (Law)
Languages : en
Pages : 0

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Book Description
What Judges Want: A Former Judges Guide to Success in Court, a new book by James M. Stanton of the Stanton Law Firm in Dallas. After leaving the civil district bench in Dallas, Stanton began memorializing strategies and tactics that are effective in the courtroom. These methods are not found in legal hornbooks or practice guides; rather they are based on his collective experience at over 100 trials and thousands of hearings as a lawyer and judge. Now in private practice, he has effectively used these methods to persuade judges to find for his clients. A must-have for any trial lawyer, this is a field guide for preparing pleadings and oral arguments before hearings. Each chapter includes examples of how to effectively persuade judges and checklists of tips and hints that can be immediately used by the reader.

Logic for Lawyers

Logic for Lawyers PDF Author: Ruggero J. Aldisert
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 296

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Book Description
This book tackles the basics of legal reasoning in twelve chapters, including the principles of classic logic, deductive and inductive reasoning, application of the Socratic method to legal reasoning, and formal and material fallacies.

Divorced from Justice

Divorced from Justice PDF Author: Karen Winner
Publisher: ReganBooks
ISBN:
Category : Family & Relationships
Languages : en
Pages : 386

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Book Description
The author asserts that "women are losing their economic security, their homes, their child support, and even their children because of corrupt divorce proceedings."--Jacket.

Patent Failure

Patent Failure PDF Author: James Bessen
Publisher: Princeton University Press
ISBN: 1400828694
Category : Law
Languages : en
Pages : 346

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Book Description
In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.

Dissenting Voices in American Society

Dissenting Voices in American Society PDF Author: Austin Sarat
Publisher: Cambridge University Press
ISBN: 1107378990
Category : Law
Languages : en
Pages : 251

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Book Description
Dissenting Voices in American Society: The Role of Judges, Lawyers, and Citizens explores the status of dissent in the work and lives of judges, lawyers, and citizens, and in our institutions and culture. It brings together under the lens of critical examination dissenting voices that are usually treated separately: the protester, the academic critic, the intellectual, and the dissenting judge. It examines the forms of dissent that institutions make possible and those that are discouraged or domesticated. This book also describes the kinds of stories that dissenting voices try to tell and the narrative tropes on which those stories depend. This book is the product of an integrated series of symposia at the University of Alabama School of Law. These symposia bring leading scholars into colloquy with faculty at the law school on subjects at the cutting edge of interdisciplinary inquiry in law.

Model Code of Judicial Conduct

Model Code of Judicial Conduct PDF Author: American Bar Association
Publisher: American Bar Association
ISBN: 9781590318393
Category : Law
Languages : en
Pages : 212

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Book Description