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.
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
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.
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.
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.
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
"On the whole, the work is deserving of high praise, both for its learning and its literary quality. It will prove a most illuminating adjunct to the standard authorities on this system of law." --JAMES MACKINTOSH, Juridical Review 20 (1908-1909) 370.
JOHANNES WILHELMUS WESSELS [1862-1936] was a judge of the Transvaal Supreme Court. His works include The Status of the Uitlander (1894), Codification of Law in South Africa (1927) and The Law of Contract in South Africa (1937).
MICHAEL H. HOEFLICH is the John H. & John M. Kane Professor of Law at the University of Kansas School of Law. He is the author of numerous books including Roman and Civil Law and the Development of Anglo-American Jurisprudence (1997), Legal Publishing in Antebellum America (2010), Sources of the History of the American Law of Lawyering (2007) and The Law in Postcards and Ephemera 1890-1962 (2012), the latter two published by The Lawbook Exchange, Ltd.
These mass settlements, Nagareda argues, have transformed the legal system so acutely that rival teams of lawyers operate as sophisticated governing powers rather than litigators. His controversial solution is the replacement of the existing tort system with a private administrative framework to address both current and future claims. This book is a must-read for concerned citizens, policymakers, lawyers, investors, and executives grappling with the changing face of mass torts.
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."
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.
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
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.
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.
Since the publication of the first edition of Critical Race Theory in 2001, the United States has lived through two economic downturns, an outbreak of terrorism, and the onset of an epidemic of hate directed against immigrants, especially undocumented Latinos and Middle Eastern people. On a more hopeful note, the country elected and re-elected its first black president and has witnessed the impressive advance of gay rights.
As a field, critical race theory has taken note of all these developments, and this primer does so as well. It not only covers a range of emerging new topics and events, it also addresses the rise of a fierce wave of criticism from right-wing websites, think tanks, and foundations, some of which insist that America is now colorblind and has little use for racial analysis and study.
Critical Race Theory is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries. The new edition also covers the ways in which other societies and disciplines adapt its teachings and, for readers wanting to advance a progressive race agenda, includes new questions for discussion, aimed at outlining practical steps to achieve this objective.
In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism.
The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
In his analysis Touw argues that American lawyers have lost their moral and ethical moorings; he provides a unique perspective of how American lawyers have manipulated the British common law system for their own financial benefit or to advance their careers. He compares the legal system of the United States with systems in the world’s foremost democracies to illustrate how American jurisprudence has strayed from its mission. Finally, he examines the criminal law system that puts innocent people in jail and explains in detail how the tort system, the contingency fee, and the “loser pays” laws have turned the once noble profession of lawyering into a profitable, unregulated business corrupting the legal process. Touw argues that what is good for Wall Street is good for Law Street and explains why American bar associations do not provide proper oversight.
With thorough explanations and examples, Law Street tells a story about serious flaws in the American legal system and provides a wake-up call for America’s dysfunctional and often corrupt legal system.
In Restitution, Ward Farnsworth presents a guide to this body of law that is compact, lively, and insightful—the first treatment of its kind that the American law of restitution has received. The book explains restitution doctrines, remedies, and defenses with unprecedented clarity and illustrates them with vivid examples. Farnsworth demonstrates that the law of restitution is guided by a manageable and coherent set of principles that have remarkable versatility and power. Restitution makes a complex and important area of law accessible, understandable, and interesting to any reader.
Yet too often, Christians either pick and choose verses out of context to bolster existing positions, or assume that any moral judgment the Bible expresses should become the law of the land. <em>Law and the Bible</em> asks: What inspired light does the Bible shed on Christians’ participation in contemporary legal systems? It concludes that more often than not the Bible overturns our faulty assumptions and skewed commitments rather than bolsters them. In the process, God gives us greater insight into what all of life, including law, should be.
Each chapter is cowritten by a legal professional and a theologian, and focuses on a key aspect of the biblical witness concerning civil or positive law--that is, law that human societies create to order their communities, implementing and enforcing it through civil government. A foundational text for legal professionals, law and prelaw students, and all who want to think in a faithfully Christian way about law and their relationship to it.
Insisting, in the words of James Baldwin, that “not everything that is faced can be changed, but nothing can be changed until it is faced,” and that thoughtful Americans regardless of race and gender can handle frank conversations about difficult topics, Subotnik’s critique of race and gender theory pulls no punches as it confronts such inflammatory issues as single parenthood, the merit system in academic and business settings, gender privilege in the classroom, and crime.
In addition to addressing specific jurisdictions in Asia, the book includes a helpful and introduction that highlights regional trends in Asia. In the jurisdictions profiled, transnational public interest litigation trends have commingled with local dynamics. This volume sheds light on how that commingling has produced both legal developments that cut across Asian jurisdictions as well as developments that are unique to each of the jurisdictions studied.
This book provides, for the first time, detailed commentary on legislative drafting with a specific focus on the Commonwealth, covering: the ethics of legislative drafting, teaching, training and retention of drafters, the role of legislative drafting in good governance, keeping the statute book up-to-date, drafting by more than words: the use of graphics, labels and formulae in legislation; and the particular challenges of drafting for small states. It constitutes a key reference for legislative drafters, parliamentary counsel and professionals involved in this field in the Commonwealth and beyond.
This book was based on a special issue of Commonwealth Law Bulletin.
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.
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.