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Taking Aim at the American Legal System by Deborah R. Hensler Pdf
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.
Product Liability and Innovation by National Academy of Engineering,Steering Committee on Product Liability and Innovation Pdf
Product liability is a contentious issue. Proponents argue that American tort law promotes product safety. Manufacturers contend that lawsuits chill new product development. Product Liability and Innovation provides an overview and an engineering perspective on the product liability system. The volume offers studies of selected industries, exploring the effect of product liability on corporate product development decisions and on the creative opportunities and day-to-day work of engineers. The volume addresses the potential liability of the parts or materials supplier and discusses the impact of liability on the availability of insurance. It looks at "junk science" in the courtroom and analyzes opportunities to incorporate into product design what we know about human behavior and risk. The book also looks at current efforts at tort reform and compares U.S. injury claims handling with that of other countries. This volume will be important to policymakers, industrialists, attorneys, product engineers, and individuals concerned about the impact of product liability on the industrial future.
Author : Thomas F. Burke Publisher : Univ of California Press Page : 288 pages File Size : 55,5 Mb Release : 2002-10-29 Category : Law ISBN : 0520227271
Lawyers, Lawsuits, and Legal Rights by Thomas F. Burke Pdf
"Burke drills deep into America's unique culture of litigation and is rewarded with a powerful insight: it is not the public or even lawyers that are so darn litigious, but American law itself. This meticulous, dispassionate book stands not only to advance the debate but—I hope—to reshape it."—Jonathan Rauch, author of Government's End: Why Washington Stopped Working "Lawyers, Lawsuits, and Legal Rights is a fascinating study of the American penchant for public policies that rely on lawsuits to get things done. Burke's analysis is insightful and original. This book compellingly shows that litigious policies have deep roots in our Constitution, culture, and politics."—Charles Epp, author of The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective "Burke's authoritative book demonstrates that the highly litigious American system is not an isolated anomaly but in fact fits in with deeply-rooted elements of American political culture. Where citizens of other countries rely on expert or bureaucratic judgment to resolve disputes, Americans turn to the courts. Equally novel and compelling, Lawyers, Lawsuits, and Legal Rights marshals an impressive set of evidence and delivers a refreshingly well-written look at the state of American litigation."—Frank R. Baumgartner, co-author of Agendas and Instability in American Politics
Research Handbook on the Economics of Torts by Jennifer Arlen Pdf
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
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
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 by Jerry L. Mashaw Pdf
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.
International Law and Domestic Legal Systems by Dinah Shelton Pdf
By providing a systematic analysis of how international law is incorporated and implemented in over two dozen states, this book analyzes how the international order and national legal systems interact with each other. It highlights the mutual influence of international and domestic legal systems and how changes in each are modifying the other.
Encyclopedia of Postmodernism by Victor E. Taylor,Charles E. Winquist Pdf
The Encyclopedia of Postmodernism provides comprehensive and authoritative coverage of academic disciplines, critical terms and central figures relating to the vast field of postmodern studies. With three cross-referenced sections, the volume is easily accessible to readers with specialized research agendas and general interests in contemporary cultural, historical, literary and philosophical issues. Since its inception in the 1960s, postmodernism has emerged as a significant cultural, political and intellectual force that many scholars would argue defines our era. Postmodernism, in its various configurations, has consistently challenged concepts of selfhood, knowledge formation, aesthetics, ethics, history and politics. This Encyclopedia offers a wide-range of perspectives on postmodernism that illustrates the plurality of this critical concept that is so much part of our current intellectual debates. In this regard, the volume does not adhere to a single definition of postmodernism as much as it documents the use of the term across a variety of academic and cultural pursuits. The Encyclopedia of Postmodernism, it must be noted, resists simply presenting postmodernism as a new style among many styles occuring in the post-disciplinary academy. Documenting the use of the term acknowledges that postmodernism has a much deeper and long-lasting effect on academic and cultural life. In general, the volume rests on the understanding that postmodernism is not so much a style as it is an on-going process, a process of both disintegration and reformation.
Despite their clarity and sophistication, most judicial process texts currently available have two significant limitations. First, they understate the effects of legal factors such as stare decisis on judicial decision-making and second, they fail to convey the human emotions involved in litigation. Reflecting the author’s experience as a political scientist, law student, judicial clerk, practicing attorney, and law professor, May It Please the Court: Judicial Processes and Politics in America, Second Edition redresses this imbalance by giving well-deserved attention to legal influences on judicial decisions and to the human drama of litigation. Each chapter reflects the book’s premise that the judicial process operates at the intersection of law and politics, and this theme guides the discussions. The coverage in the book is far-reaching, exploring numerous topics, including the structure of federal and state courts, the selection and removal of judges, and the legal profession’s history and culture. It discusses two hypothetical cases, outlining their trial and appellate proceedings. It also presents an engaging debate about the legitimacy and the utility of judicial policy making. New to this edition: Expanded appendices, including a discussion of computerized legal research New illustrative cases, documents, and web references All chapters updated to reflect changes since the first publication in 2001 The final chapter summarizes the theme of the book, noting that courts not only enforce norms and resolve disputes, but also, as a coequal branch of government, shape the fundamental power relationships that drive American politics. The chapter ends by observing that the judicial process offers a window on the entire American political system. This book clarifies the view from that window.
Author : George A. Bermann,Etienne Picard Publisher : Kluwer Law International B.V. Page : 528 pages File Size : 53,8 Mb Release : 2008-01-01 Category : Law ISBN : 9789041124661
Introduction to French Law by George A. Bermann,Etienne Picard Pdf
French law displays many characteristics that set it apart in a world class of its own. It can be said to proceed from a number of independent streams that coexist despite apparent contradiction. More than half of the 2283 articles of the famous Code Civile of 1804 remain unaltered; yet French administrative judges jealously guard their prerogative to create their own public law. And yet again, since the 1974 law empowering the legislature to convene the Constitutional Council that judges the constitutionality of laws under the 1958 Constitution, the courts' distinction between 'rules' and 'fu.
Private International Law and Global Governance by Horatia Muir Watt,Diego P. Fernández Arroyo Pdf
Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.