Taking Aim at the American Legal System

Taking Aim at the American Legal System
Author: Deborah R. Hensler
Publisher:
Total Pages: 28
Release: 1992
Genre: Civil procedure
ISBN:

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This article, reprinted from [Judicature,] considers the Council on Competitiveness's agenda for reform of the U.S. civil justice system. Citing the lack of evidence to support many of its assertions, the author suggests that the council is on shaky ground in blaming U.S. economic problems on the legal system. In favoring corporate defendants over individual plaintiffs, the council appears to have a political agenda.

Handbook of Bureaucracy

Handbook of Bureaucracy
Author: Ali Farazmand
Publisher: Routledge
Total Pages: 724
Release: 2018-12-13
Genre: Political Science
ISBN: 1351564668

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This encyclopedic reference/text provides an analysis of the basic issues and major aspects of bureaucracy, bureaucratic politics and administrative theory, public policy, and public administration in historical and contemporary perspectives. Examining theoretical, philosophical, and empirical interpretations, as well as the intricate position of b

Recommendations and Reports

Recommendations and Reports
Author: Administrative Conference of the United States
Publisher:
Total Pages: 692
Release: 1993
Genre: Administrative agencies
ISBN:

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Research Handbook on the Economics of Torts

Research Handbook on the Economics of Torts
Author: Jennifer Arlen
Publisher: Edward Elgar Publishing
Total Pages: 668
Release: 2013-11-29
Genre: Law
ISBN: 1781006172

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Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral anal

The American Law Institute

The American Law Institute
Author:
Publisher: Oxford University Press
Total Pages: 505
Release: 2023-05-02
Genre:
ISBN: 019768534X

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The centennial of the American Law Institute is a landmark event. A lifespan of one hundred years is significant for a law reform project. Most such initiatives terminate when they achieve their limited goals, they fail, or members lose interest when their funding runs out. Instead, the American Law Institute is the preeminent legal reform organisation in the United States and remains an enterprise in full vigour, with an enormous number of projects completed and an impressive array of projects in forward motion. The American Law Institute: A Centennial History brings together an outstanding group of expert scholars, several of them current or former Reporters for the ALI Restatements of Law, to provide an in-depth scholarly history of the ALI, its role in legal reform, and the various ways it has impacted law in the United States. The resulting collection of essays provides original and important perspectives on both the ALI and its relevance for American Law. This book offers a window into the course of legal thought over the past century and is a must-read for academics, practitioners, and all those interested in the way laws are shaped within the United States.

Lawyers, Lawsuits, and Legal Rights

Lawyers, Lawsuits, and Legal Rights
Author: Thomas F. Burke
Publisher: Univ of California Press
Total Pages: 282
Release: 2002-10-29
Genre: Political Science
ISBN: 9780520938373

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Lawsuits over coffee burns, playground injuries, even bad teaching: litigation "horror stories" create the impression that Americans are greedy, quarrelsome, and sue-happy. The truth, as this book makes clear, is quite different. What Thomas Burke describes in Lawyers, Lawsuits, and Legal Rights is a nation not of litigious citizens, but of litigious policies—laws that promote the use of litigation in resolving disputes and implementing public policies. This book is a cogent account of how such policies have come to shape public life and everyday practices in the United States. As litigious policies have proliferated, so have struggles to limit litigation—and these struggles offer insight into the nation's court-centered public policy style. Burke focuses on three cases: the effort to block the Americans with Disabilities Act; an attempt to reduce accident litigation by creating a no-fault auto insurance system in California; and the enactment of the Vaccine Injury Compensation Act. These cases suggest that litigious policies are deeply rooted in the American constitutional tradition. Burke shows how the diffuse, divided structure of American government, together with the anti-statist ethos of American political culture, creates incentives for political actors to use the courts to address their concerns. The first clear and comprehensive account of the national politics of litigation, his work provides a new way to understand and address the "litigiousness" of American society.

Business on Trial

Business on Trial
Author: Valerie P. Hans
Publisher: Yale University Press
Total Pages: 290
Release: 2000-01-01
Genre: Law
ISBN: 9780300082067

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Annotation Are jury verdicts in business trials influenced less by a corporation's negligence than by sympathy for the plaintiffs, prejudice against business, and a belief in the corporation's "deep pockets"? Many members of the public and corporate executives believe that this is so, and they feel that the jury's decision making presents serious problems for American business competitiveness and its justice system. This book -- the first to provide a systematic account of how juries make decisions in typical business cases -- shows that these assumptions are false or exaggerated.Drawing on interviews with civil jurors, experiments with mock jurors, and public opinion polling, Valerie P. Hans explores how jurors determine whether businesses should be held responsible for an injury. She finds that many civil jurors, rather than being overly sympathetic to plaintiffs who bring civil lawsuits, are actually hostile to them, that there are only occasional instances of anti-business prejudice, and that there is no evidence of the deep-pockets hypothesis. Hans concludes that jurors do treat businesses differently than individuals, but this is because the public has higher expectations of corporations and more rigorous standards for their conduct.

Greed, Chaos, and Governance

Greed, Chaos, and Governance
Author: Jerry L. Mashaw
Publisher: Yale University Press
Total Pages: 256
Release: 1999-01-11
Genre: Law
ISBN: 9780300078701

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Public choice theory should be taken seriously--but not too seriously. In this thought-provoking book, Jerry Mashaw stakes out a middle ground between those who champion public choice theory (the application of the conventional methodology of economics to political science matters, also known as rational choice theory) and those who disparage it. He argues that in many cases public choice theory's reach has exceeded its grasp. In others, public choice insights have not been pursued far enough by those who are concerned with the operation and improvement of legal institutions. While Mashaw addresses perennial questions of constitutional law, legislative interpretation, administrative law, and the design of public institutions, he arrives at innovative conclusions. Countering the positions of key public choice theorists, Mashaw finds public choice approaches virtually useless as an aid to the interpretation of statutes, and he finds public choice arguments against delegating political decisions to administrators incoherent. But, using the tools of public choice analysts, he reverses the lawyers' conventional wisdom by arguing that substantive rationality review is not only legitimate but a lesser invasion of legislative prerogatives than much judicial interpretation of statutes. And, criticizing three decades of "law reform," Mashaw contends that pre-enforcement judicial review of agency rules has seriously undermined both governmental capacity and the rule of law.

ABA Journal

ABA Journal
Author:
Publisher:
Total Pages: 118
Release: 1998-10
Genre:
ISBN:

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The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.