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Author: Warren Freedman
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 224
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Book Description
The procedures of summary judgment as well as other preclusive devices have been hailed by many as an effective solution to the current overload facing American courts. In addition to promising speed, these alternative methods also contribute to reduced legal and court costs. Freedman presents a comprehensive discussion of the major preclusive legal mechanisms, amply supported by relevant case law and decisions. The author not only describes the use of such devices in detail but also indicates the circumstances under which such actions are most likely to be successful. Following an introduction, Freedman presents an in-depth treatment of the motion for summary judgment and adjudication without trial. A general chapter on accelerated judgments is followed by a detailed description of the declaratory judgment. Subsequent chapters explore the uses of various preclusive techniques including provisional remedies, requests for admission and other time-saving devices, intervention and interpleader, release-dismissal and settlement agreements, bifurcation, and the summary jury trial. A separate chapter is devoted to the preclusive doctrines of res judicata and collateral estoppel, while the concluding chapter discusses court sanctions for nonpreclusion. Taken as a whole, this is a cogent, well-documented exploration of the use of preclusive methods in contemporary litigation.
Author: Warren Freedman
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 224
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Book Description
The procedures of summary judgment as well as other preclusive devices have been hailed by many as an effective solution to the current overload facing American courts. In addition to promising speed, these alternative methods also contribute to reduced legal and court costs. Freedman presents a comprehensive discussion of the major preclusive legal mechanisms, amply supported by relevant case law and decisions. The author not only describes the use of such devices in detail but also indicates the circumstances under which such actions are most likely to be successful. Following an introduction, Freedman presents an in-depth treatment of the motion for summary judgment and adjudication without trial. A general chapter on accelerated judgments is followed by a detailed description of the declaratory judgment. Subsequent chapters explore the uses of various preclusive techniques including provisional remedies, requests for admission and other time-saving devices, intervention and interpleader, release-dismissal and settlement agreements, bifurcation, and the summary jury trial. A separate chapter is devoted to the preclusive doctrines of res judicata and collateral estoppel, while the concluding chapter discusses court sanctions for nonpreclusion. Taken as a whole, this is a cogent, well-documented exploration of the use of preclusive methods in contemporary litigation.
Author: Grace W. holmes
Publisher:
ISBN:
Category :
Languages : en
Pages : 424
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Book Description
Author: Practising Law Institute
Publisher:
ISBN:
Category : College discipline
Languages : en
Pages : 420
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Book Description
Author: Erwin Chemerinsky
Publisher: Yale University Press
ISBN: 0300231865
Category : Political Science
Languages : en
Pages : 216
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Book Description
Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.
Author: Mark A. Graber
Publisher: Univ of California Press
ISBN: 0520913132
Category : Political Science
Languages : en
Pages : 351
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Book Description
Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. Transforming Free Speech challenges the worthiness, and indeed the very existence of one uninterrupted libertarian tradition. Mark A. Graber asserts that in the past, broader political visions inspired libertarian interpretations of the First Amendment. In reexamining the philosophical and jurisprudential foundations of the defense of expression rights from the Civil War to the present, he exposes the monolithic free-speech tradition as a myth. Instead of one conception of the system of free expression, two emerge: the conservative libertarian tradition that dominated discourse from the Civil War until World War I, and the civil libertarian tradition that dominates later twentieth-century argument. The essence of the current perception of the American free-speech tradition derives from the writings of Zechariah Chafee, Jr. (1885-1957), the progressive jurist most responsible for the modern interpretation of the First Amendment. His interpretation, however, deliberately obscured earlier libertarian arguments linking liberty of speech with liberty of property. Moreover, Chafee stunted the development of a more radical interpretation of expression rights that would give citizens the resources and independence necessary for the effective exercise of free speech. Instead, Chafee maintained that the right to political and social commentary could be protected independent of material inequalities that might restrict access to the marketplace of ideas. His influence enfeebled expression rights in a world where their exercise depends increasingly on economic power. Untangling the libertarian legacy, Graber points out the disjunction in the libertarian tradition to show that free-speech rights, having once been transformed, can be transformed again. Well-conceived and original in perspective, Transforming Free Speech will interest political theorists, students of government, and anyone interested in the origins of the free-speech tradition in the United States.
Author: United States. President's Commission on Campus Unrest
Publisher:
ISBN:
Category : Jackson State College
Languages : en
Pages : 556
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Book Description
Author: Daniel J Solove
Publisher: NYU Press
ISBN: 0814740375
Category : Computers
Languages : en
Pages : 295
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Book Description
Daniel Solove presents a startling revelation of how digital dossiers are created, usually without the knowledge of the subject, & argues that we must rethink our understanding of what privacy is & what it means in the digital age before addressing the need to reform the laws that regulate it.
Author: Erving Goffman
Publisher: Anchor
ISBN: 0593468295
Category : Social Science
Languages : en
Pages : 272
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Book Description
A notable contribution to our understanding of ourselves. This book explores the realm of human behavior in social situations and the way that we appear to others. Dr. Goffman uses the metaphor of theatrical performance as a framework. Each person in everyday social intercourse presents himself and his activity to others, attempts to guide and cotnrol the impressions they form of him, and employs certain techniques in order to sustain his performance, just as an actor presents a character to an audience. The discussions of these social techniques offered here are based upon detailed research and observation of social customs in many regions.
Author: Jonathan Baron
Publisher: Oxford University Press, USA
ISBN: 0195111087
Category : Policy sciences
Languages : en
Pages : 238
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Book Description
People often follow intuitive principles of decision making, ranging from group loyalty to the belief that nature is benign. But instead of using these principles as rules of thumb, we often treat them as absolutes and ignore the consequences of following them blindly. In Judgment Misguided, Jonathan Baron explores our well-meant and deeply felt personal intuitions about what is right and wrong, and how they affect the public domain. Baron argues that when these intuitions are valued in their own right, rather than as a means to another end, they often prevent us from achieving the results we want. Focusing on cases where our intuitive principles take over public decision making, the book examines some of our most common intuitions and the ways they can be misused. According to Baron, we can avoid these problems by paying more attention to the effects of our decisions. Written in a accessible style, the book is filled with compelling case studies, such as abortion, nuclear power, immigration, and the decline of the Atlantic fishery, among others, which illustrate a range of intuitions and how they impede the public's best interests. Judgment Misguided will be important reading for those involved in public decision making, and researchers and students in psychology and the social sciences, as well as everyone looking for insight into the decisions that affect us all.
Author: United States. Equal Employment Opportunity Commission
Publisher:
ISBN:
Category : Affirmative action programs
Languages : en
Pages : 368
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Book Description
