Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download In Praise of Litigation PDF full book. Access full book title In Praise of Litigation by Alexandra D. Lahav. Download full books in PDF and EPUB format.
Author: Alexandra D. Lahav Publisher: Oxford University Press ISBN: 0199380805 Category : Law Languages : en Pages : 233
Book Description
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.
Author: Alexandra D. Lahav Publisher: Oxford University Press ISBN: 0199380805 Category : Law Languages : en Pages : 233
Book Description
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.
Author: Alexandra Lahav Publisher: Oxford University Press ISBN: 0199380813 Category : Law Languages : en Pages : 256
Book Description
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: Shannon P. Pratt Publisher: John Wiley & Sons ISBN: 0470944919 Category : Business & Economics Languages : en Pages : 323
Book Description
Cost of Capital in Litigation addresses cost of capital issues in litigation and discusses major decisions, highlighting how to avoid errors that have often been made by experts. The book helps the attorney and valuation expert understand the decisions within the context of the theory of cost of capital and includes a chapter on cross-examining experts on cost of capital issues. Throughout, there are citation to relevant material and cross-reference to Cost of Capital: Applications and Examples, Fourth Edition.
Author: Michaela Keet Publisher: ISBN: 9781641055703 Category : Actions and defenses Languages : en Pages : 240
Book Description
"The main premise of this book is that lawyers and mediators should help parties make decisions in litigation by combining an assessment of likely court outcomes with a careful consideration of how their interests are likely to be affected if they (continue to) engage in litigation"--
Author: Ross Guberman Publisher: Oxford University Press ISBN: 0199967970 Category : Law Languages : en Pages : 338
Book Description
With Point Made, legal writing expert, Ross Guberman, throws a life preserver to attorneys, who are under more pressure than ever to produce compelling prose. What is the strongest opening for a motion or brief? How to draft winning headings? How to tell a persuasive story when the record is dry and dense? The answers are "more science than art," says Guberman, who has analyzed stellar arguments by distinguished attorneys to develop step-by-step instructions for achieving the results you want. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers, including Barack Obama, John Roberts, Elena Kagan, Ted Olson, and David Boies. Their strategies, demystified and broken down into specific, learnable techniques, become a detailed writing guide full of practical models. In FCC v. Fox, for example, Kathleen Sullivan conjures the potentially dangerous, unintended consequences of finding for the other side (the "Why Should I Care?" technique). Arguing against allowing the FCC to continue fining broadcasters that let the "F-word" slip out, she highlights the chilling effect these fines have on America's radio and TV stations, "discouraging live programming altogether, with attendant loss to valuable and vibrant programming that has long been part of American culture." Each chapter of Point Made focuses on a typically tough challenge, providing a strategic roadmap and practical tips along with annotated examples of how prominent attorneys have resolved that challenge in varied trial and appellate briefs. Short examples and explanations with engaging titles--"Brass Tacks," "Talk to Yourself," "Russian Doll"--deliver weighty materials with a light tone, making the guidelines easy to remember and apply. In addition to all-new examples from the original 50 advocates, this Second Edition introduces eight new superstar lawyers from Solicitor General Don Verrilli, Deanne Maynard, Larry Robbins, and Lisa Blatt to Joshua Rosencranz, Texas Senator Ted Cruz, Judy Clarke, and Sri Srinvasan, now a D.C. Circuit Judge. Ross Guberman also provides provocative new examples from the Affordable Care Act wars, the same-sex marriage fight, and many other recent high-profile cases. Considerably more commentary on the examples is included, along with dozens of style and grammar tips interspersed throughout. Also, for those who seek to improve their advocacy skills and for those who simply need a step-by-step guide to making a good brief better, the book concludes with an all-new set of 50 writing challenges corresponding to the 50 techniques.
Author: Gish Jen Publisher: Knopf ISBN: 1101947829 Category : Business & Economics Languages : en Pages : 337
Book Description
"A ... study of the different idea Asians and Westerners have of the self and how this plays out in our differing approaches to art, learning, politics, business, and almost everything else"--
Author: John C. Coffee Publisher: Harvard University Press ISBN: 0674736796 Category : History Languages : en Pages : 318
Book Description
In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.
Author: Anne Dufourmantelle Publisher: Fordham University Press ISBN: 0823285472 Category : Philosophy Languages : en Pages : 225
Book Description
When Anne Dufourmantelle drowned in a heroic attempt to save two children caught in rough seas, obituaries around the world rarely failed to recall that she was the author of a book entitled In Praise of Risk, implying that her death confirmed the ancient adage that to philosophize is to learn how to die. Now available in English, this magnificent and already much-discussed book indeed offers a trenchant critique of the psychic work the modern world devotes to avoiding risk. Yet this is not a book on how to die but on how to live. For Dufourmantelle, risk entails an encounter not with an external threat to life but with something hidden in life that conditions our approach to such ordinary risks as disobedience, passion, addiction, leaving family, and solitude Keeping jargon to a minimum, Dufourmantelle weaves philosophical reflections together with clinical case histories. The everyday fears, traumas, and resistances that therapy addresses brush up against such broader concerns as terrorism, insurance, addiction, artistic creation, and political revolution. Taking up a project than joins the work of many French thinkers, such as Jacques Lacan, Jacques Derrida, Jean-Luc Nancy, Hélène Cixous, Giorgio Agamben, and Catherine Malabou, Dufourmantelle works to dislodge Western philosophy, psychoanalysis, ethics, and politics from the redemptive logic of sacrifice. She discovers the kernel of a future beyond annihilation where one might least expect to find it, hidden in the unconscious. In an era defined by enhanced security measures, border walls, trigger warnings, and endless litigation, Dufourmantelle’s masterwork provides a much-needed celebration of the risks that define what it means to live.
Author: Julie Hardwick Publisher: Oxford University Press on Demand ISBN: 0199558078 Category : Business & Economics Languages : en Pages : 268
Book Description
In 17th-century France, families were essential in the shaping of capitalism and the process of state formation. Exploring civil lawsuits in French cities, 'Family Business' reveals the part that the management of everyday difficulties, in court and out, played in these wider phenomena.
Author: Alexandra D. Lahav
Author: Alexandra D. Lahav
Author: Alexandra Lahav
Author: Shannon P. Pratt
Author: Michaela Keet
Author: Ross Guberman
Author: Gish Jen
Author: Alfred L. Brophy
Author: John C. Coffee
Author: Anne Dufourmantelle
Author: Julie Hardwick