Steven Donziger, a self-styled social activist and Harvard educated lawyer, signed on to a budding class action lawsuit against multinational Texaco (which later merged with Chevron to become the third-largest corporation in America). The suit sought reparations for the Ecuadorian peasants and tribes people whose lives were affected by decades of oil production near their villages and fields. During twenty years of legal hostilities in federal courts in Manhattan and remote provincial tribunals in the Ecuadorian jungle, Donziger and Chevron’s lawyers followed fierce no-holds-barred rules. Donziger, a larger-than-life, loud-mouthed showman, proved himself a master orchestrator of the media, Hollywood, and public opinion. He cajoled and coerced Ecuadorian judges on the theory that his noble ends justified any means of persuasion. And in the end, he won an unlikely victory, a $19 billion judgment against Chevon--the biggest environmental damages award in history. But the company refused to surrender or compromise. Instead, Chevron targeted Donziger personally, and its counter-attack revealed damning evidence of his politicking and manipulation of evidence. Suddenly the verdict, and decades of Donziger’s single-minded pursuit of the case, began to unravel.
Written with the texture and flair of the best narrative nonfiction, Law of the Jungle is an unputdownable story in which there are countless victims, a vast region of ruined rivers and polluted rainforest, but very few heroes.
With this book, David M. Engel demolishes the myth that America is a litigious society. The sobering reality is that the vast majority of injury victims—more than nine out of ten—rely on their own resources, family and friends, and government programs to cover their losses. When real people experience serious injuries, they don’t respond as rational actors. Trauma and pain disrupt their thoughts, and potential claims are discouraged by negative stereotypes that pervade American television and popular culture. (Think Saul Goodman in Breaking Bad, who keeps a box of neck braces in his office to help clients exaggerate their injuries.) Cultural norms make preventable injuries appear inevitable—or the victim’s fault. We’re taught to accept setbacks stoically and not blame someone else. But this tendency to “lump it” doesn’t just hurt the victims; it hurts us all. As politicians continue to push reforms that miss the real problem, we risk losing these claims as a way to quickly identify unsafe products and practices. Because injuries disproportionately fall on people with fewer resources, the existing framework creates a social underclass whose needs must be met by government programs all citizens shoulder while shielding those who cause the harm.
It’s time for America to have a more responsible, blame-free discussion about injuries and the law. With The Myth of the Litigious Society, Engel takes readers clearly and powerfully through what we really know about injury victims and concludes with recommendations for how we might improve the situation.
Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
In this tell-all legal memoir, Alan Dershowitz describes his most famous, and infamous, cases and clients. In the process, takes a critical, informed look at a legal system that he regards as deeply corrupt.
You don’t need a lawyer to win in small claims court—you need to know how to prepare and present your own case. Smart preparation for your day in court can make the difference between receiving a check and writing one.
Everybody’s Guide to Small Claims Court provides the information, tips, and strategies you need to sue someone successfully or put up a winning defense in any state.
Find out how to:
file and serve papers
mediate an out-of-court settlement
prepare evidence to support your case
decide how much to sue for
line up persuasive witnesses
present a winning case
collect money when you win
This edition is completely updated to include the latest procedures and information for small claims courts in every state. Plus, this book includes useful, practical tips by small claims court judges and commissioners who’ve seen it all.
If you are a California resident? Check out Everybody's Guide to Small Claims Court in California
Millions of civil lawsuits are filed in the U.S. court system, costing billions of dollars in legal fees to those involved. The process is so complex that few people can pursue civil action without professional help, leaving them totally at a lawyer's mercy. Yet how many people truly know what they're getting into when they're involved in a lawsuit? The Complete Idiot's Guide® to Lawsuits clarifies the entire process in layman's terms. Expert litigator and law professor Victoria E. Green offers valuable insight into:
?The pros and cons of filing lawsuits
?How they begin and each party's response
?Selecting and paying attorneys
?Consequences of the settlement and appeals
Features:Clear introduction to the fundamentals of civil litigation for paralegal students. Provides students with an in-depth analysis of a wide variety of civil cases, laying out the basic foundation of the American legal system, proceeding through the investigation and implementation of a civil case, and following the case through to appeal. Designed to help prepare students for the practical world of divorces, car wreck cases, and medical malpractice claims that they will see every day in civil practice. Each chapter presents students with examples of the important role that paralegals play in every stage of civil litigation, from client intake to bringing an appeal. Understandable writing style with strong pedagogy, resulting in a teachable and accessible text. Each chapter includes Practice Pointers, Search Suggestions, Tech Topics, and Legal Legwork boxes, along with case excerpts, forms, and ethics. Helpful pedagogy includes Chapter Objectives that focus learning and review, Boldfaced key terms and marginal definitions for convenient reference, Review questions at the end of each chapter, and references to web sites that facilitate legal research
In this booklet, you will find the process for commencing an action, pleadings, motions, summons, and orders. Additionally you will find procedural information about pretrial conferences and hearings, rights to a trial jury, jury selection, roles of the plaintiff and defendant, types of class actions, duty to disclose, including disclosure of expert testimony, trial preparation materials, using depositions in court proceedings, appeals, and more.
Magistrate judges, civil attorneys, paralegal professions, Court clerk office staff, and others involved in the Civil Court system may be interested in this reference booklet. Additionally, corporations, nonprofit organizations, citizens, and law degree students pursuing coursework for civil law degrees may be interested in these rules. These Federal Civil Procedures will meet first-yar law student requirements as a supplemental text for the student. Lastly, all law libraries and public libraries should have a copy of this volume available for their patrons and on hand at their circulation desk for student's research needs."
An excellent, comprehensive and practical guide to getting out of a lease. Great for those in a lease contract and need to get out of it. Lease terms and conditions are stringent. Learn to navigate around them and break your lease without coughing up hefty fines and penalties or damage your credit history.
Breaking a lease has other severe consequences as well. You want to avoid a lawsuit at all costs. You want to maintain a good credit score, especially if you plan on applying for a credit card, car loan or a mortgage in the near future. Maintaining a good rental history with previous landlords benefits you with future landlord and lenders.
This book has been compiled with years of rental real estate experience. After years of giving personal advice to tenants in a bind, the author has compiled this practical and more importantly actionable guide for anyone in a similar situation who’d like to get out of a lease early without incurring fines, penalties and damaging their credit. The author hopes that this “do it yourself guide” helps every tenant in need of it.
TABLE OF CONTENTS
CHAPTER 1: TENANCY AGREEMENTS (LEASES) AND FALSE CLAIMS
A. UNDERSTANDING YOUR TENANCY AGREEMENT
B. FALSE CLAIMS ABOUT TENANCY AGREEMENTS
C. RENTING WITHOUT SIGNING A TENANCY AGREEMENT
D. IT IS NOT MANDATORY TO RENEW YOUR LEASE AGREEMENT BEFORE IT EXPIRES
E. YOU CANNOT COMPOSE A TENANCY AGREEMENT
F. THE MINIMUM TENANCY AGREEMENT MUST BE 6 MONTHS
G. TENANCY AGREEMENTS ARE 100% CUSTOMIZABLE
H. TENANCY AGREEMENTS MUST BE COMPLETED BY REAL ESTATE PROFESSIONALS
CHAPTER 2: CONSEQUENCES OF BREAKING A LEASE
C. FUTURE IMPLICATIONS
CHAPTER 3: BREAKING A LEASE – CONTRACTS, PENALTIES, GROUNDS/REASONS
A. CONTRACTS ARE BREACHED ALL THE TIME
B. PENALTIES CAN BE MINIMIZED OR ELIMINATED ALL TOGETHER
C. REASONS LEASE AGREEMENTS CAN BE BROKEN
CHAPTER 4: PRELIMINARY ACTIONABLE STEPS TO TAKE TO BREAK OF A LEASE WITHOUT PENALTY AND CREDIT DAMAGE
A. BREACH OF CONTRACT
B. LOOK FOR FAVORABLE CLAUSES IN THE FINE DETAIL
C. BE HUMAN – DISCUSS YOUR SITUATION WITH YOUR LANDLORD
D. OFFER TO PAY THE LEASE IN INSTALLMENTS
E. OFFER YOUR LANDLORD TO KEEP THE SECURITY DEPOSIT
F. SUBLEASING YOUR RENTAL PROPERTY
CHAPTER 5: ALTERNATIVE SOLUTIONS
CHAPTER 6: SPECIFIC AREAS TO LOOK INTO FOR BREACH OF CONTRACT POSSIBILITIES
CHAPTER 7: STEP BY STEP PROCESS OF FILIGN A COMPLAINT
CHAPTER 8: SAMPLE LETTER TO LANDLORD
CHAPTER 9: A QUICK RECAP
CHAPTER 10: FOLLOW UP QUESTIONS OR CONCERNS
Fundamental rights are basic human rights. These rights are considered necessary for the development of the personality of an individual. Without the enjoyment of these rights the happines and development of the individual is not possible. They are included in our constitution so that every citizen can enjoy them and no one is able to encroach upon them.
The Constitution guarantees six fundamental rights and these form very important part of the constituion. These fundamental rights are-(i) Right to Equality, (fi) Right to Freedom (iii) Right against Exploitation, (iu) Right to Freedom of Religion, (v) Cultural and Educational Rights and (w) Right to Constitutional Remedies.
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The book takes you step-by-step through the analysis of case law as it applies to situations commonly faced by security practitioners. It describes the legal requirements faced by security firms and emphasizes the liability problems common to security operations, including negligence and tortious liability, civil actions frequently litigated, and strategies to avoid legal actions that affect business efficiency. It also examines the constitutional and due-process dimensions of private security both domestically and internationally, including recent cases and trends that are likely to intensify in the future. New features of this edition include: a chapter on the legal implications of private contractors operating in war zones like Afghanistan; updated coverage of statutory authority, as well as state and federal processes of oversight and licensure; and special analysis of public-private cooperative relationships in law enforcement. A historical background helps readers understand the present by seeing the full context of recent developments.
This book will appeal to: students in physical security, security management, and criminal justice programs in traditional and for-profit schools; security professionals; and those working in law enforcement.Authoritative, scholarly treatise sheds light on this increasingly important area of the lawHistorical background helps readers understand the present by seeing the full context of recent developmentsNational scope provides crucial parameters to security practitioners throughout the USNEW TO THIS EDITION! A chapter on the legal implications of private contractors operating in war zones like Afghanistan, updated coverage of statutory authority, updated coverage of state and federal processes of oversight and licensure, special analysis of public-private cooperative relationships in law enforcement
Law, science, and the social sciences--which, during this era, enjoyed growing status in Cuba as well as in many other countries--played central roles in producing knowledge and shaping social categories in postindependence Cuba. Anthropologists, criminologists, and eugenicists embarked on projects intended to employ the tools of science to rid Cuba of the last vestiges of a colonial past. Meanwhile, the legal arena created both new freedoms and new modes of repression. Black and mulatto intellectuals and activists, working to ensure that citizenship offered concrete advantages rather than empty promises, appropriated changing social scientific and legal categories and turned them to their own uses. In the midst of several decades of intermittent racial violence and expanding social and political mobilization by Cubans of African descent, debates among intellectuals and activists, state officials, and legislators transformed not only understandings of race, but also the terms of citizenship for all Cubans.
The main reason for this UNDERDOG case, I just want you to remember that if you happened to be in the situation like what I had experienced, please remember that there is always the JUSTICE to help the good people like you and me. NEVER GIVE UP!!! And have faith in what you do is the right thing, then the rest it will just come along. I just want to say one thing that is quite simple to say but not easy to do; “To do the good deeds are so hard sometimes, which will make you doubt about it; but to do the bad deeds are so easy to do and sometimes you can see that it bring you all the comfortable things.” Just remember one thing, money and power are the roots of all evil things, just don’t fall into that trap and believe in doing the right thing.
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In Secrets, Sex, and Spectacle, Mark D. West organizes the seemingly random worlds of Japanese and American scandal—from corporate fraud to baseball cheaters, political corruption to celebrity sexcapades—to explore well-ingrained similarities and contrasts in law and society. In Japan and the United States, legal and organizational rules tell us what kind of behavior is considered scandalous. When Japanese and American scandal stories differ, those rules—rules that define what’s public and what’s private, rules that protect injuries to dignity and honor, and rules about sex, to name a few—often help explain the differences. In the cases of Clinton and Uno, the rules help explain why the media didn’t cover Uno’s affair, why Uno’s wife apologized on her husband’s behalf, and why Uno—and not Clinton—resigned.
Secrets, Sex, and Spectacle offers a novel approach to viewing the phenomenon of scandal—one that will be applauded by anyone who has obsessed over (or ridiculed) these public episodes.
The U.S. State Department urged at World Press Freedom Day in 2011 that journalists should not be the only ones standing for press freedom. Each one of us who recognize the value of an informed citizenry must also stand up for this fundamental right. - www.misa.org/mediarelease/pressfreedom.html
"I do not endorse any author's view. I am a mere writer, book editor, and book reviewer, but I can appreciate a superbly-researched and well-written book when I see one, regardless of that author's point of view." - The Bookpleasures.com Review
Farhang reveals that private lawsuits, functioning as an enforcement resource, are a profoundly important component of American state capacity. He demonstrates how the distinctive institutional structure of the American state--particularly conflict between Congress and the president over control of the bureaucracy--encourages Congress to incentivize private lawsuits. Congress thereby achieves regulatory aims through a decentralized army of private lawyers, rather than by well-staffed bureaucracies under the president's influence. The historical development of ideological polarization between Congress and the president since the late 1960s has been a powerful cause of the explosion of private lawsuits enforcing federal law over the same period.
Using data from many policy areas spanning the twentieth century, and historical analysis focused on civil rights, The Litigation State investigates how American political institutions shape the strategic design of legislation to mobilize private lawsuits for policy implementation.
The aim of this study is to examine national approaches to the award of damages under the head of loss of housekeeping capacity, and to compare the levels of damages so awarded. The research will therefore address both the concepts employed in different national systems and, by means of practical case studies, the compensation actually paid in individual cases.
The results of the research comprise ten country reports (Austria, England and Wales, France, Germany, Italy, The Netherlands, Norway, Poland, Spain and Switzerland) based on a Questionnaire (Part I: General Part and Doctrine, Part II: Concrete Assessment Examples) and a concluding Comparative Report.
This project, "Loss of Housekeeping Capacity", was undertaken at the request of the Swiss Insurance Association.
Giulia Parola has studied Environmental Law at the University of Torino, at the University of René Descartes in Paris, (where she obtained PhD in Public Law) and at the University of Iceland ( LLM in Natural Resources Law and International Environmental Law).
In 2011, she was appointed by the University of Laval (Canada, Quebec) as a researcher and a lecturer in Environmental Law.
The current bureaucracy is hostile, cynical and hardened to every sob story under the sun. Arbitrary policies tear apart families and ruin lives. The treadmill of unfair bureaucratic decisions is a direct result of a relentless drive towards unrealistic migration caps that don't take real lives into account. Indeed, there are ever so many ways in which these faceless bureaucrats ride roughshod over the rights and legitimate expectation of migrants.
It is hoped that this essay will do something to lessen the heavily tilted playing field on which migrants and their representatives must contend.
Richard Delgado, one of the founding figures in the Critical Race Theory movement, addresses these problems with his latest book in the award-winning Rodrigo Chronicles. Employing the narrative device he and other Critical Race theorists made famous, Delgado assembles a cast of characters to discuss such urgent and timely topics as race, terrorism, hate speech, interracial relationships, freedom of speech, and new theories on civil rights stemming from the most recent war.
In the course of this new narrative, Delgado provides analytical breakthroughs, offering new civil rights theories, new approaches to interracial romance and solidarity, and a fresh analysis of how whiteness and white privilege figure into the debate on affirmative action. The characters also discuss the black/white binary paradigm of race and show why it persists even at a time when the country's population is rapidly diversifying.
After successfully establishing that the Turkish system is currently inadequate to provide an efficient system, this book provides the indications for a solution. Being aware of the limitations of the Turkish legal system and the restricted possibility of the direct reception of trust, this book examines to what extent the current institutions in Turkish law would replace the functions of trust in the context of co-ownership. This examination results in searching for a new system as it is concluded that any of the trust-like devices in the current Turkish law could not effectively and comprehensively serve the purposes that the English trust does.
Therefore, this book suggests that a new mechanism, inspired by the English trust of land, would provide the required mechanisms for an efficient managerial system for co-owned properties. Rather than asserting to solely focus on a comprehensive new system, this book discusses the possible solutions and urges further research about the matter. Hence, the so-called alien system, trust of land, and its capability to provide an alternative but efficient and productive solution to the managerial problems of the co-owned properties, would be made familiar with the Turkish jurists.
The book is organised around three themes - the black letter law, scientific evidence, and legal theory. In black letter law scholarship, major arguments have emerged about how legal doctrine will develop in cases involving indeterminate defendants and evidential gaps in causation. Various chapters examine the ways in which legal doctrine should develop over the next few years, in particular in England, Scotland, Canada and the USA, including the problem of causation in asbestos cases. In the area of scientific evidence, its role in the assessment of causation in civil litigation has never been greater. The extent to which such evidence can be admitted and used in causation disputes is controversial. This section of the book is therefore devoted to exploring the role of statistical evidence in resolving causation problems, including recent trends in litigation in the UK, USA, Australia and in France and the question of liability for future harm. In the legal theory area, the so-called NESS (necessary element in a sufficient set) test of causation is discussed and defended. The importance of tort law responding to developing science and observations from the perspective of precaution and indeterminate causation are also explored.
The book will be of interest to legal academics, policy makers in the field, specialist legal practitioners, those in the pharmaceutical and bioscience sectors, physicians and scientists.
Global Claims in Construction addresses the principles of global claims and their calculation methodologies in detail through extensive references to literature, case law and a real world case study. It aims to be a valuable resource for professionals working in the construction industry, as well as students in construction and engineering.
The authors conclude that the solution to this problem requires new theory and new strategy. They posit a new democratic, feminist theory of the breastfeeding right that is predicated on the following distinctions: DT It is not a right to breastfeed, but a right to choose to breastfeed. DT It is a woman's right to choose, not a baby's right to be breastfeed. DT It is a right, not a duty. The authors predict that framing the breastfeeding right in this way provides the basis for a new strategic coalition between breastfeeding advocates and liberal feminists, who have historically been wary of one another's rhetoric. Breastfeeding Rights in the United States represents an important advance toward policy change.
With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically.
An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare.