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Author : William Haltom,Michael McCann Publisher : University of Chicago Press Page : 332 pages File Size : 43,6 Mb Release : 2009-11-15 Category : Political Science ISBN : 9780226314693
Distorting the Law by William Haltom,Michael McCann Pdf
In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.
Author : Carl Michael Quitzow Publisher : Kluwer Law International B.V. Page : 330 pages File Size : 47,9 Mb Release : 2001-08-15 Category : Law ISBN : 9789041114662
State Measures Distorting Free Competition in the EC by Carl Michael Quitzow Pdf
This study deals with issues of particular importance in the EMU perspective. State measures may occur in the sense that they exclude market access for opt-out state economic operators and preventing them from competing with domestic economic operators, i.e. restrictions on free movement. After the removal of such barriers there might still be state measures that may negatively affect competition within the common market. Such distortions of competition may occur due to differences between national legislation or other forms of state intervention on the market. They affect the prerequisites for the carrying out of economic activities, and may often result in the fact that out-of-state economic operators have to work in a market where a domestic competitor has notable advantages due to support by authorities, legislation or economic support. This may threaten the efficiency and proper functioning of the EMU. The remaining question is how such distortions can be dealt with. Which distortions are to be regarded as serious threats against the market integration and must be removed? Which priorities have to be made? The study aims at giving possible solutions to the above-mentioned issues, thus contributing to a field which as yet has only been examined by legal scholars to a minor extent.
United States. Congress. House. Committee on Science and Technology (2007). Subcommittee on Investigations and Oversight
Author : United States. Congress. House. Committee on Science and Technology (2007). Subcommittee on Investigations and Oversight Publisher : Unknown Page : 396 pages File Size : 47,5 Mb Release : 2007 Category : Law ISBN : PSU:000061515956
Shaping the Message, Distorting the Science by United States. Congress. House. Committee on Science and Technology (2007). Subcommittee on Investigations and Oversight Pdf
United States. Congress. Senate. Committee on Agriculture and Forestry,United States. Congress. Senate. Committee on Agriculture and Forestry. Subcommittee on S. Res. 142
Author : United States. Congress. Senate. Committee on Agriculture and Forestry,United States. Congress. Senate. Committee on Agriculture and Forestry. Subcommittee on S. Res. 142 Publisher : Unknown Page : 1540 pages File Size : 55,8 Mb Release : 1928 Category : Cotton trade ISBN : UOM:39015066975957
Cotton Prices by United States. Congress. Senate. Committee on Agriculture and Forestry,United States. Congress. Senate. Committee on Agriculture and Forestry. Subcommittee on S. Res. 142 Pdf
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 : Anne Bloom,David M. Engel,Michael McCann Publisher : Cambridge Studies in Law and Society Page : 403 pages File Size : 44,5 Mb Release : 2018-03-15 Category : Law ISBN : 9781108420242
Author : Colin S. C. Hawes Publisher : Cambridge University Press Page : 401 pages File Size : 55,6 Mb Release : 2022-08-04 Category : Law ISBN : 9781108952095
The Chinese Corporate Ecosystem by Colin S. C. Hawes Pdf
Challenging simplistic claims that Chinese corporations merely serve Communist Party goals, this book argues we cannot understand these corporations without tracing their dynamic evolution within a unique socio-political ecosystem. Vivid case studies illuminate the strange hybrid structures and networks that are essential for corporate success in the Chinese habitat. Tracing the reciprocal impacts between Chinese corporations and their environment, Colin S. C. Hawes reveals how corporations' political adaptations have raised serious obstacles for their international expansion and worsened China's environmental crisis. Adopting an interdisciplinary approach that synthesizes insights from behavioural economics, science and Chinese philosophy, this book proposes innovative solutions to the damaging impacts of Chinese corporations. It makes a compelling case for redirecting the vital energy of corporations and government officials in more productive and sustainable directions.
"An important resource, it includes the most significant and influential texts representative of the political and conceptual diversity of the intellectual approaches of that time. . . . Very significant for contemporary debates about the relationship between state, law, and constitution."—Ulrich Karl Preuss, Freie Universität Berlin
European Competition Law by Weijer VerLoren van Themaat,Berend Reude Pdf
This updated second edition explains EU competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions. The book’s unique structure enables users to quickly locate information on procedural and substantive aspects of competition law. Containing an article by article overview of EU competition law jurisprudence and concise selected extracts from judgments in key cases, this book serves as an easy to navigate resource for practitioners, academics and competition authorities themselves.
APEC-OECD Co-operative Initiative on Regulatory Reform Proceedings of the Fourth APEC-OECD Workshop on Regulatory Reform Vancouver, Canada, October 2003 by OECD Pdf
European Union Law by Damian Chalmers,Gareth Davies,Giorgio Monti Pdf
This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.
