Litigating In America

Author : Stephen N. Subrin,Margaret Y.K. Woo
Publisher : Aspen Publishing
Page : 322 pages
File Size : 55,6 Mb
Release : 2015-02-09
Category : Law
ISBN : 9781454819035

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Litigating in America by Stephen N. Subrin,Margaret Y.K. Woo Pdf

Designed to introduce American civil litigation and process to a wide audience: foreign LL.M. students, beginning American law students, undergraduates interested in law, and foreign lawyers, judges, and law professors. This succinct new paperback Litigating in America: Civil Procedure in Context explains the institutional bases and legal meaning of our procedural system, and captures American civil process at a time of change. It presents American civil procedure from several vantage points: the procedural doctrine that has evolved over time; the practical implications of that doctrine; the social context in which the doctrine grew, is used and abused; and the global context of how other systems may have made different choices. It is an excellent supplement to any casebook.

Author : Patrick M. Garry
Publisher : Springer
Page : 223 pages
File Size : 53,6 Mb
Release : 2013-11-11
Category : Law
ISBN : 9781489966049

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A Nation of Adversaries by Patrick M. Garry Pdf

Author : Walter K. Olson
Publisher : Dutton Adult
Page : 412 pages
File Size : 47,9 Mb
Release : 1991
Category : Law
ISBN : 0525249117

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The Litigation Explosion by Walter K. Olson Pdf

An in-depth examination of the litigation explosion in the United States.

Author : Geoffrey C. Hazard,Michele Taruffo
Publisher : Yale University Press
Page : 244 pages
File Size : 43,8 Mb
Release : 1995-08-01
Category : Law
ISBN : 0300065043

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American Civil Procedure by Geoffrey C. Hazard,Michele Taruffo Pdf

From divorce proceedings to personal injury disputes to lawsuits over busing, affirmative action, and labor relations, most conflicts in American society may eventually find their way into a courtroom. Such civil conflicts, which do not involve violations of the criminal code, encompass both actions between private parties and public controversies. This clear and direct book by two distinguished professors of law describes and analyzes civil litigation in the United States. Geoffrey C. Hazard, Jr., and Michele Taruffo discuss both specific details and broader themes of American civil litigation, explaining (without legalese) jury trial, the adversary system, the power of courts to make law as well as to "declare" it, and the role of civil justice in government and in the resolution of controversial social issues. Hazard and Taruffo examine the stages of civil procedure, including the lawyers' role in: preparing and presenting cases; the pretrial, pleading and discovery, trial, and appeal process; and procedural variations. They explore the historical evolution of common law and procedure and compare American civil procedure with that in other modern societies in Europe, Latin America, and Japan. They conclude by discussing the economic, political, and moral constraints on litigation, possible innovations to the process, and the political significance of public access to civil justice.

Author : Peter Charles Hoffer
Publisher : Rowman & Littlefield
Page : 233 pages
File Size : 55,8 Mb
Release : 2019-09-20
Category : History
ISBN : 9781538116586

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Litigation Nation by Peter Charles Hoffer Pdf

Americans have long been identified as a people of law and lawyers with an addiction to lawsuits. In Litigation Nation, Peter Charles Hoffer, one of America’s most preeminent legal historians, charts the history of civil litigation from the seventeenth century to the present, using key cases pursued by ordinary people to illustrate how the civil courts have been a battlefront to contest the boundaries of permissible personal conduct in times of social and political change. Using representative case studies from each period—from defamation suits in seventeenth-century America to recent civil rights and gender discrimination lawsuits, Hoffer’s concise and accessible history shows how litigation reflects the lives and values of ordinary Americans.

Author : Wayne C. Bartee,Alice Fleetwood Bartee
Publisher : Praeger
Page : 176 pages
File Size : 45,5 Mb
Release : 1992-02-20
Category : Law
ISBN : UOM:39015021533420

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Litigating Morality by Wayne C. Bartee,Alice Fleetwood Bartee Pdf

This volume is a thematic study in legal history that uses past and present landmark court cases to analyze the legal and historical development of moral regulatory policies in America and resulting debates. Using a critical variable approach, the book demonstrates how different elements of the legal process have historically influenced the litigation of various moral issues. Five moral policies are included: abortion, sodomy, pornography, criminal insanity, and the death penalty. The book's framework for analysis uses examples from English legal history and links them to American cases, demonstrating how moral regulatory policies are impacted by the legal process: by laws, by judges and juries, by legal scholars, and by attorneys. Following a brief introduction, Chapter 1 examines how protagonists in the bitter moral and legal controversy over abortion in America have sought to fortify their positions with the views of prominent English legal authorities. The authors discuss the role of English legal scholars in court opinion and oral arguments in Webster and in Roe v. Wade, and debates Roe's interpretation of the English legalists. Chapter 2 describes how attempts to expand a right of privacy under the federal Constitution to include sodomy failed the test for common law rights (Rights of Englishmen) in Bowers v. Hardwick (1986), and includes a history of sodomy in early English and American law. Chapter 3 discusses pornography standards and laws, highlighting the history of legal actions taken against Memoirs of a Woman of Pleasure in both England and the U.S., demonstrating the role of precedent in American judicial efforts to define pornography. In Chapter 4, which deals with the criminal insanity defense, the influential role of the defense attorney on case outcomes is illustrated in cases such as England's McNaughton case (1843) and America's Hinckley case (1982). Chapter 5 deals with cruel and unusual punishment throughout U.S. and English history. The book ends with an epilogue which ties together the idea of the American legal process as an inherited English process, reiterating how decisionmakers continually mine the past to find traditions and sources of moral values for justifying or criticizing current laws and policies.

Author : Anonim
Publisher : Unknown
Page : 115 pages
File Size : 53,7 Mb
Release : 1978
Category : Electronic
ISBN : OCLC:35343461

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World Aerospace by Anonim Pdf

Author : John A. Humbach
Publisher : Aspen Publishing
Page : 219 pages
File Size : 48,5 Mb
Release : 2016-01-31
Category : Law
ISBN : 9781454876168

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Whose Monet? by John A. Humbach Pdf

This extraordinary paperback provides a highly accessible and appealing orientation to the American legal system and presents basic concepts of civil litigation to first-year law students. Whose Monet? An Introduction to the American Legal System focuses on a lengthy dispute over the ownership of a painting as a vehicle for introducing students to the basic law school tasks of reading analytically, understanding legal materials, and working with the common law. The author and his colleagues have used these materials successfully in their classrooms for many years, ensuring their teachability and effectiveness: Whose Monet? can be used as primary course material in orientation courses or seminars, as well as collateral reading for in-semester Legal Process or Civil Procedure courses The organization is logical and straightforward and the accessible writing style--lucid, descriptive, and conversational--is ideal for incoming students The major events in a lawsuit are considered, and the text sheds light on how the law is applied in a civil dispute, introducing common law and statutory law and the various courts and their interrelationship (trial/appellate, state/federal) The author draws on judicial opinions, litigation papers, transcripts, and selections from commentators and various jurisprudential sources, thereby exposing the first-year student to as broad a spectrum of materials as possible Telling the story of a real lawsuit (DeWeerth v. Baldinger)--from client intake through trial and various appeals--draws students into the legal process by means of an engaging narrative and makes for a truly enjoying teaching experience for professors The lawyer's role is examined in both its functional and moral dimensions: What do lawyers do? What does society legitimately expect lawyers to do? This book is suitable for both classroom and stand-alone assigned reading

Author : Beth Stephens
Publisher : BRILL
Page : 655 pages
File Size : 41,6 Mb
Release : 2008-01-01
Category : Law
ISBN : 9781571053534

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International Human Rights Litigation in United States Courts by Beth Stephens Pdf

Written by leading human rights litigators and theorists, this treatise offers a comprehensive analysis of human rights litigation in U.S. courts under the Alien Tort Statute and related provisions, including jurisprudential complexities and litigation guidance. The book includes discussion of the Alien Tort Statute, the Torture Victim Protection Act, and less common jurisdictional bases. The issues raised by suing corporations are also discussed. Separate chapters address lawsuits against the U.S. and foreign governments. A section on defenses includes analysis of topics such as immunities, forum non conveniens, and the intervention of the executive branch. The final section discusses litigation strategies.

Author : Joan Schaffner
Publisher : American Bar Association
Page : 628 pages
File Size : 45,5 Mb
Release : 2009
Category : Law
ISBN : 1604420014

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Litigating Animal Law Disputes by Joan Schaffner Pdf

This is a fast-growing field of law, and today more and more lawyers are finding they have cases that deal with animal law. This one-stop resource contains every major aspect of private civil and criminal litigation of animal law disputes. The book also contains sample litigation documents, discovery materials, expert information and more. It's the one resource every lawyer who engages in animal law needs.

Author : Jerold Oshinsky,Theodore A. Howard
Publisher : Wolters Kluwer
Page : 4668 pages
File Size : 44,8 Mb
Release : 1998-01-01
Category : Law
ISBN : 9780735545786

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Practitioner's Guide to Litigating Insurance Coverage Actions by Jerold Oshinsky,Theodore A. Howard Pdf

Practitionerand’s Guide to Litigating Insurance Coverage Actions, Second Edition is a comprehensive, two-volume manual that offers an excellent framework for understanding the complex practical and procedural issues that can arise in insurance coverage disputes. Written by insurance litigators with extensive experience from both the policyholder and insurance company perspective, Practitionerand’s Guide to Litigating Insurance Coverage Actions reveals hard-won strategies and proven-effective litigation tools to help you successfully prepare or defend an insurance coverage case. Masterfully organized and streamlined in a two-volume format, Practitionerand’s Guide to Litigating Insurance Coverage Actions walks you through the logical sequence of events as an insurance coverage litigation case evolves. Youand’ll find: Step-by-step guidance through every stage of case preparation and litigation. Balanced and“best-practiceand” recommendations for counsel to policyholders and insurance companies. And much more! Model Forms include: Notice Letters Initial Pleadings Preliminary Motions Discovery Requests Summary Judgment Motions Motions at Trial Opening and Closing Statements Trial Briefs and Jury Instructions Motions and Briefs during Appeals Process Settlement Agreements

Author : Jürgen G. Backhaus,Alberto Cassone,Giovanni B. Ramello
Publisher : Edward Elgar Publishing
Page : 401 pages
File Size : 45,7 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781001240

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The Law and Economics of Class Actions in Europe by Jürgen G. Backhaus,Alberto Cassone,Giovanni B. Ramello Pdf

'The Law and Economics of Class Actions in Europe marshals an impressive array of expertise from both sides of the Atlantic to illuminate the debate over class action litigation. This volume is a valuable addition to the literature on class actions in both the US and Europe.' – Jennifer Arlen, New York University, School of Law, US 'The availability and performance of class actions is a fundamental question being addressed in many legal systems. Class actions offer a rare opportunity for individuals with small losses to obtain redress against large companies and may provide important incentives to comply with the law. Effective class actions that provide these benefits exist in few countries. This book assembles leading scholars from around the world to provide important new insights into the theory and practice of this important legal procedure.' – Theodore Eisenberg, Cornell University, US This well-documented book discusses the power and limitations of class actions with insights and analysis from a panel of distinguished scholars. It pays special attention to the introduction and the applicability of such a legal device in European civil law countries. The book offers a broad legal and economic investigation, drawing insights from US judicial experience and giving a rigorous discussion of both the philosophical and constitutional aspects and the economic mechanisms and incentives set up by class actions. The Law and Economics of Class Actions in Europe will be a welcome addition to the bookshelf of all those interested in the function of class action litigation for promoting justice and efficiency. In particular, it will benefit graduate and postgraduate students, researchers and academics in law, economics, and law and economics, policymakers, judges and attorneys.

Author : Ved P. Nanda,David K. Pansius
Publisher : West Group Publishing
Page : 1518 pages
File Size : 54,8 Mb
Release : 1986
Category : Law
ISBN : STANFORD:36105043923304

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Litigation of International Disputes in U.S. Courts by Ved P. Nanda,David K. Pansius Pdf

Author : Andrew J. Harakas
Publisher : American Bar Association
Page : 0 pages
File Size : 50,6 Mb
Release : 2017
Category : Law
ISBN : 1634255801

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Litigating the Aviation Case by Andrew J. Harakas Pdf

Aviation law is a constantly evolving area of practice, continuing to change in response to the many challenges facing the industry. Litigating these cases is notoriously complex and challenging, requiring extensive expertise with aviation and engineering principles coupled with detailed legal analysis. A long-trusted resource, this updated edition of Litigating the Aviation Case provides current information and strategic guidance on all aspects of aviation litigation. An overview and analysis of the current legal issues in aviation litigation by the most prominent names in the aviation legal community, this revised edition offers important updates and insights on traditional issues as well as in-depth discussion of current and evolving topics, many of which are in response to the multijurisdictional nature of aviation. The book's 38 chapters address critical issues in aviation litigation, including: - Jurisdiction- Forum non conveniens- Preemption- The Montreal Convention- Unruly passengers- Preservation of evidence- Insurance coverage- Damages- The impact of trade sanctions and Medicare on litigation, and moreWritten by practicing litigators who share their insights and expertise, this compendium offers strategic guidance on the full array of aviation litigation issues, including: - Locating recognized sub-specialists- Maximizing the effectiveness of evidence- Presenting effective opening and closing statements- Cross-examining witnesses- Developing winning trial strategies

Author : Eric N. Waltenburg,Bill Swinford
Publisher : Praeger
Page : 0 pages
File Size : 53,8 Mb
Release : 1999-01-30
Category : Law
ISBN : 9780313306075

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Litigating Federalism by Eric N. Waltenburg,Bill Swinford Pdf

Waltenburg and Swinford provide a detailed and systematic examination of state government activity before the U.S. Supreme Court. They provide an explanatory model of state litigation behavior that both rests upon a solid theoretical perspective and places state decisions in a larger political context. After an examination of the evolution of U.S. constitutional law on issues of direct state concern, Waltenburg and Swinford focus most of their attention on qualitative and quanitative analyses of the behavior over time of states in all their roles before the Court. Scholars and other researchers interested in judicial decision-making, Constitutional Law, and inter-governmental relations will find this a particularly useful study.