Litigation and Inequality

Litigation and Inequality
Author: Edward A. Purcell Jr.
Publisher: Oxford University Press
Total Pages: 459
Release: 1992-12-31
Genre: Law
ISBN: 0195360907

Download Litigation and Inequality Book in PDF, Epub and Kindle

Through the prism of litigation practice and tactics, Purcell explores the dynamic relationship between legal and social change. He studies changing litigation patterns in suits between individuals and national corporations over tort claims for personal injuries and contract claims for insurance benefits. Purcell refines the "progressive" claim that the federal courts favored business enterprise during this time, identifying specific manners and times in which the federal courts reached decisions both in favor of and against national corporations. He also identifies 1892-1908 as a critical period in the evolution of the twentieth century federal judicial system.

Litigation and Inequality

Litigation and Inequality
Author: Edward A. Purcell
Publisher: Oxford University Press, USA
Total Pages: 459
Release: 1992
Genre: Actions and defenses
ISBN: 0195073290

Download Litigation and Inequality Book in PDF, Epub and Kindle

Litigation and Inequality explores the dynamic and intricate relationship between legal and social change through the prism of litigation tactics and out-of-court settlement practices from the 1870s to the 1950s. Developing the synthetic historical concept of a "social litigation system", Purcell analyzes the role of both substansive and procedural law, as well as the impact of social and political factors in shaping the de facto processes of litigation and claims-disputing. Focusing on tort and insurance contract disputes between individuals and national corporations, he examines the changing social and economic significance of the choice between state and national courts that federal diversity jurisdiction gave litigants. Litigation and Inequality scrutinizes the increasingly sophisticated methods that parties developed to exploit their ability to choose between forums. It also traces the changing responses of the courts and legislatures to the escalation of tactical maneuvering. It locates the origins of modern litigation practice in the quarter century after 1910. Purcell points to fundamental flaws in the "efficiency" theory of tort law of the late nineteenth and early twentieth century. He identifies specific ways in which the legal system regularly subsidized corporate enterprise. He seriously qualifies and refines the progressive charge that the federal courts favored business interests. The book argues that during the period from the turn of the century to World War I - especially the critical period from 1905 to 1908 - the Supreme Court reoriented the federal judicial system and essentially created the twentieth century federal judiciary. It also challenges the idea thatdiversity jurisdiction is best understood as a device to protect nonresidents from local prejudice. It illuminates a range of related historical and legal issues, from the ostensible "formalism" of the late nineteenth century judicial thinking to the origins of the workmen's compensation movement. Examining these developments with clarity and insight, this work will interest historians and sociologists, as well as lawyers and legal scholars.

Law & Inequality

Law & Inequality
Author:
Publisher:
Total Pages: 308
Release: 2013
Genre: Civil rights
ISBN:

Download Law & Inequality Book in PDF, Epub and Kindle

Supreme Inequality

Supreme Inequality
Author: Adam Cohen
Publisher: Penguin
Total Pages: 458
Release: 2021-02-23
Genre: Political Science
ISBN: 0735221529

Download Supreme Inequality Book in PDF, Epub and Kindle

“With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.

Rights on Trial

Rights on Trial
Author: Ellen Berrey
Publisher: University of Chicago Press
Total Pages: 366
Release: 2017-06-22
Genre: Business & Economics
ISBN: 022646685X

Download Rights on Trial Book in PDF, Epub and Kindle

Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.

Rights on Trial

Rights on Trial
Author: Ellen Berrey
Publisher: University of Chicago Press
Total Pages: 366
Release: 2017-06-22
Genre: Law
ISBN: 022646699X

Download Rights on Trial Book in PDF, Epub and Kindle

Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.

The Code of Capital

The Code of Capital
Author: Katharina Pistor
Publisher: Princeton University Press
Total Pages: 315
Release: 2020-11-03
Genre: Business & Economics
ISBN: 0691208603

Download The Code of Capital Book in PDF, Epub and Kindle

"Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it."--Provided by publisher.

The Making of Lawyers' Careers

The Making of Lawyers' Careers
Author: Robert L. Nelson
Publisher: University of Chicago Press
Total Pages: 429
Release: 2023-10-03
Genre: Law
ISBN: 0226828913

Download The Making of Lawyers' Careers Book in PDF, Epub and Kindle

An unprecedented account of social stratification within the US legal profession. How do race, class, gender, and law school status condition the career trajectories of lawyers? And how do professionals then navigate these parameters? The Making of Lawyers’ Careers provides an unprecedented account of the last two decades of the legal profession in the US, offering a data-backed look at the structure of the profession and the inequalities that early-career lawyers face across race, gender, and class distinctions. Starting in 2000, the authors collected over 10,000 survey responses from more than 5,000 lawyers, following these lawyers through the first twenty years of their careers. They also interviewed more than two hundred lawyers and drew insights from their individual stories, contextualizing data with theory and close attention to the features of a market-driven legal profession. Their findings show that lawyers’ careers both reflect and reproduce inequalities within society writ large. They also reveal how individuals exercise agency despite these constraints.

Supreme Inequality

Supreme Inequality
Author: Adam Seth Cohen
Publisher:
Total Pages: 450
Release: 2020
Genre: History
ISBN: 0735221502

Download Supreme Inequality Book in PDF, Epub and Kindle

From New York Times bestselling author Adam Cohen, a revelatory examination of the conservative direction of the Supreme Court over the last fifty years since the Nixon administration In the early 1960s, the Supreme Court led by Chief Justice Earl Warren was at the height of its power, expanding civil rights for the poor and minorities and promoting equality. Its rulings integrated schools across the South, established the Miranda warning for suspects in police custody, and recognized the principle of one person, one vote. But when Warren retired in 1969, newly elected President Richard Nixon, who had been working tirelessly behind the scenes to put a stop to what he perceived as the Court's liberal agenda, had his new administration launch a total assault on the Warren Court's egalitarian victories, moving to dismantle its legacy and replace liberal justices with ones more loyal to his views. During his first three years, he appointed four justices to the Supreme Court, thereby setting its course for the next fifty years. In Supreme Inequality, Adam Cohen surveys the most significant Supreme Court rulings since Nixon and exposes how rarely the Court has veered away from its agenda of promoting inequality. Contrary to what Americans might like to believe, the Court does little to protect the rights of the poor and disadvantaged, and, in fact, it has not been on their side for decades. Many of the greatest successes of the Warren Court, such as school desegregation, voting rights, and protecting workers, have been abandoned in favor of rulings that protect corporations and privileged Americans, who tend to be white, wealthy, and powerful. As the nation comes to grips with two new Trump-appointed justices, Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation's soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land, and shows how much damage it has done to America's ideals of equality, democracy, and justice for all.

Plessy v. Ferguson

Plessy v. Ferguson
Author: Williamjames Hull Hoffer
Publisher: University Press of Kansas
Total Pages: 232
Release: 2012-04-16
Genre: Law
ISBN: 0700618473

Download Plessy v. Ferguson Book in PDF, Epub and Kindle

Six decades before Rosa Parks boarded her fateful bus, another traveler in the Deep South tried to strike a blow against racial discrimination-but ultimately fell short of that goal, leading to the Supreme Court's landmark 1896 decision in Plessy v. Ferguson. Now Williamjames Hull Hoffer vividly details the origins, litigation, opinions, and aftermath of this notorious case. In response to the passage of the Louisiana Separate Car Act of 1890, which prescribed "equal but separate accommodations" on public transportation, a group called the Committee of Citizens decided to challenge its constitutionality. At a pre-selected time and place, Homer Plessy, on behalf of the committee, boarded a train car set aside for whites, announced his non-white racial identity, and was immediately arrested. The legal deliberations that followed eventually led to the Court's 7-1 decision in Plessy, which upheld both the Louisiana statute and the state's police powers. It also helped create a Jim Crow system that would last deep into the twentieth century, until Brown v. Board of Education in 1954 and other cases helped overturn it. Hoffer's readable study synthesizes past work on this landmark case, while also shedding new light on its proceedings and often-neglected historical contexts. From the streets of New Orleans' Faubourg Trem district to the justices' chambers at the Supreme Court, he breathes new life into the opposing forces, dissecting their arguments to clarify one of the most important, controversial, and socially revealing cases in American law. He particularly focuses on Justice Henry Billings Brown's ruling that the statute's "equal, but separate" condition was a sufficient constitutional standard for equality, and on Justice John Marshall Harlan's classic dissent, in which he stated, "Our Constitution is color-blind, and neither knows nor tolerates classes among its citizens." Hoffer's compelling reconstruction illuminates the controversies and impact of Plessy v. Ferguson for a new generation of students and other interested readers. It also pays tribute to a group of little known heroes from the Deep South who failed to hold back the tide of racial segregation but nevertheless laid the groundwork for a less divided America.