Download or read book A Comparative Study of Liability Law and Compensation Schemes in Ten Countries and the United States written by Werner Pfennigstorf and published by . This book was released on 1991 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings written by Dobrochna Bach-Golecka and published by Springer Nature. This book was released on 2021-05-16 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.

Download or read book Learning from Disaster written by Sheila Jasanoff and published by University of Pennsylvania Press. This book was released on 2016-11-11 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected by Choice magazine as an Outstanding Academic Title The 1984 lethal gas leak at the Union Carbide pesticide plant in Bhopal, India, may be the most extensively studied industrial disaster in history. In a departure from earlier studies that have focused primarily on the causes of the catastrophe, Sheila Jasanoff and the contributors to this volume critically examine the consequences of the accident.

Download or read book Elgar Encyclopedia of Comparative Law Second Edition written by J. M. Smits and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.

Download or read book Legal Culture And The Legal Profession written by Lawrence M Friedman and published by Routledge. This book was released on 2021-10-28 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distinguished scholars in law and the social sciences examine the state of American legal culture, particularly adversarial legalism, in light of the criticisms of the current anti-lawyer movement. They assess the strengths and weaknesses of this culture, its impact on the broader society, and its recent spread to other countries. The American legal system is under heavy attack for the impact it is supposed to have on American culture and society generally. A common complaint of the anti-lawyer movement is that under the influence of lawyers we have become a litigious society, in the process undermining traditional American values such as self-reliance and responsibility. In this volume a group of distinguished scholars in law and the social sciences explores these questions. Neither an apology for lawyers nor a critique, Legal Culture and the Legal Profession examines the successes and the problems of the U. S. legal system, its impact on the broader culture, and the spread of American legal culture abroad.

Download or read book ABA Journal written by and published by . This book was released on 1992-06 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

Download or read book Governing Risks written by Pat O'Malley and published by Routledge. This book was released on 2021-12-24 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary law and government are increasingly characterized by a focus on risk. Fields such as health, psychiatry, criminal justice, vehicle safety, urban design and environmental governance all provide examples of settings in which problems are dealt with as risks. While risk has become more prominent, there have also been changes in the nature of risk techniques deployed. Whereas welfare states provided many services through socialized risk - such as social insurances covering health, employment and old age - increasing emphasis is now placed on individual risk management arrangements such as private insurance. In this environment, the positive side of risk has also been made more salient. Enterprise, innovation and risk-taking have become qualities valued, or even required, of current governance. In this volume, the most influential examinations and interpretations of this major trend have been brought together, in order to make clear the range and diversity, the spread and penetration of risk in contemporary societies.

Download or read book The Accidental Republic written by John Fabian Witt and published by Harvard University Press. This book was released on 2009-07-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the five decades after the Civil War, the United States witnessed a profusion of legal institutions designed to cope with the nation’s exceptionally acute industrial accident crisis. Jurists elaborated the common law of torts. Workingmen’s organizations founded a widespread system of cooperative insurance. Leading employers instituted welfare-capitalist accident relief funds. And social reformers advocated compulsory insurance such as workmen’s compensation. John Fabian Witt argues that experiments in accident law at the turn of the twentieth century arose out of competing views of the loose network of ideas and institutions that historians call the ideology of free labor. These experiments a century ago shaped twentieth- and twenty-first-century American accident law; they laid the foundations of the American administrative state; and they occasioned a still hotly contested legal transformation from the principles of free labor to the categories of insurance and risk. In this eclectic moment at the beginnings of the modern state, Witt describes American accident law as a contingent set of institutions that might plausibly have developed along a number of historical paths. In turn, he suggests, the making of American accident law is the story of the equally contingent remaking of our accidental republic.

Download or read book S 565 the Product Liability Fairness Act of 1995 written by United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee on Consumer Affairs, Foreign Commerce, and Tourism and published by . This book was released on 1996 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Social Science Social Policy and the Law written by Patricia Ewick and published by Russell Sage Foundation. This book was released on 1999-06-10 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social science has been an important influence on legal thought since the legal realists of the1930s began to argue that laws should be socially workable as well as legally valid. With the expansion of legal rights in the 1960s, the law and social science were bound together by an optimistic belief that legal interventions, if fully informed by social science, could become an effective instrument of social improvement. Legal justice, it was hoped, could translate directly into social justice. Though this optimism has receded in both disciplines, social science and the law have remained intimately connected. Social Science, Social Policy, and the Law maps out this new relationship, applying social science to particular legal issues and reflecting upon the role of social science in legal thought. Several case studies illustrate the way that the law is embedded within the tangled interests and incentives that drive the social world. One study examines the entrepreneurialism that has shaped our systems of punishment from the colonial practice of deportation to today's privatized jails. Another case shows how many of those who do not qualify for legal aid cannot afford an effective legal defense with the consequence that economic inequality leads to inequality before the law. Two other studies look at the mixed results of legal regulation: the failure of legal safeguards to stop NASA's fatal 1986 Challenger launch decision, and the complicated effects of regulations to curb conflicts of interest in law firms. These two cases demonstrate that the law's effectiveness can depend, not only on how it is drafted, but also on how well it harmonizes with pre-existing social norms and patterns of self-regulation. The contributors to this volume share the belief that social science can and should influence legal policymaking. Empirical research is necessary to offset anecdotal evidence and untested assertions. But research that is acceptable to the academy may not stand up in court, and, as a result, social science does not always get a sympathetic hearing from legal decision makers. The relationship between social science and the law will always be complex; this volume takes a lead in showing how it can nonetheless be productive.

Download or read book Attorney Accountability written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property and published by . This book was released on 1995 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Personal Injury and Wrongful Death Damages Calculations written by John O. Ward and published by Emerald Group Publishing. This book was released on 2009-10-22 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on litigation damages, economic and non-economic, including punitive damages; their definitions, calculations, and assignments in the US and EU. This book examines areas of convergence and divergence in the academic and practical treatment of damages issues in the US and EU.

Download or read book Compulsory Insurance and Compensation for Bunker Oil Pollution Damage written by Ling Zhu and published by Springer Science & Business Media. This book was released on 2007-03-20 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oil tankers are not solely to blame for pollution at sea. Non-tankers have released numerous spills. The International Convention on Civil Liability for Bunker Oil Pollution Damage has been adopted, but has not yet come into force. This timely and comprehensive book studies compulsory insurance, its main purpose of ensuring compensation and its interrelations with other features such as the rule of strict liability, the limitation of liability of that convention.

Download or read book Personal Injury and Damage Ascertainment under Civil Law written by Santo Davide Ferrara and published by Springer. This book was released on 2016-10-06 with total page 709 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume serves to provide an international overview of personal injury compensation in different geographical areas (15 countries already included), with a special focus on the methods used to ascertain the injury and the related damages. It also goes on to clarify the logical and methodological steps required for a sequential, in-depth ascertainment of any traumatic event and the related personal damage, both pecuniary and non-pecuniary. Personal injury is a legal term for an injury to the body, mind or emotions suffered by the plaintiff under tort and/or civil law regulations. Damages related to the injury can be pecuniary or non-pecuniary in nature. Although several comparative studies and research projects on tort and civil law and personal injury claims aimed at developing new tools for promoting harmonization of private law have been performed at an international level, heterogeneity and divergences still exist in the definition and compensation of personal injury and damage across different national legislative systems. The starting point for any awarding procedure should be a medical, or rather a medico-legal, assessment to gain evidence on the trauma or event causing the injury, the mechanism of injury, the pre-existing health status of the injured party, and the health consequences of the injury (temporary and permanent impairment, work incapacity, etc.). In order to pursue the ultimate goal of an international harmonization of personal injury compensation, it is of upmost importance to define the quality requirements for the medico-legal ascertainment methodology, which are essential for guaranteeing the objectivity, rigor, and reproducibility of the data and the evidence collection procedure. Currently, there are no supra-national medico-legal guidelines dealing with the ascertainment methodology of personal injury and damage under tort and civil law.

Download or read book In the Interests of Justice written by Deborah L. Rhode and published by Oxford University Press. This book was released on 2003-04-10 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two thousand years ago, Seneca described advocates not as seekers of truth but as accessories to injustice, "smothered by their prosperity." This unflattering assessment has only worsened over time. The vast majority of Americans now perceive lawyers as arrogant, unaffordable hired guns whose ethical practices rank just slightly above those of used car salesmen. In this penetrating new book, Deborah L. Rhode goes beyond the commonplace attacks on lawyers to provide the first systematic study of the structural problems confronting the legal profession. A past president of the Association of American Law Schools and senior counsel for the House Judiciary Committee during Clinton's impeachment proceedings, Rhode brings an insider's knowledge to the labyrinthine complexities of how the law works, or fails to work, for most Americans and often for lawyers themselves. She sheds much light on problems with the adversary system, the commercialization of practice, bar disciplinary processes, race and gender bias, and legal education. She argues convincingly that the bar's current self-regulation must be replaced by oversight structures that would put the public's interests above those of the profession. She insists that legal education become more flexible, by offering less expensive degree programs that would prepare paralegals to provide much needed low cost assistance. Most important, she calls for a return to ethical standards that put public service above economic self-interest. Elegantly written and touching on such high profile cases as the O.J. Simpson trial and the Starr investigation, In the Interests of Justice uncovers fundamental flaws in our legal system and proposes sweeping reforms.

Download or read book Columbia Law Review written by and published by . This book was released on 1993 with total page 1144 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Verdict written by Robert E. Litan and published by Brookings Institution Press. This book was released on 2011-09-01 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a jury trial is a fundamental feature of the American justice system. In recent years, however, aspects of the civil jury system have increasingly come under attack. Many question the ability of lay jurors to decide complex scientific and technical questions that often arise in civil suits. Others debate the high and rising costs of litigation, the staggering delay in resolving disputes, and the quality of justice. Federal and state courts, crowded with growing numbers of criminal cases, complain about handling difficult civil matters. As a result, the jury trial is effectively being challenged as a means for resolving disputes in America. Juries have been reduced in size, their selection procedures altered, and the unanimity requirement suspended. For many this development is viewed as necessary. For others, it arouses deep concern. In this book, a distinguished group of scholars, attorneys, and judges examine the civil jury system and discuss whether certain features should be modified or reformed. The book features papers presented at a conference cosponsored by the Brookings Institution and the Litigation Section of the American Bar Association, together with an introductory chapter by Robert E. Litan. While the authors present competing views of the objectives of the civil jury system, all agree that the jury still has and will continue to have an important role in the American system of civil justice. The book begins with a brief history of the jury system and explains how juries have become increasingly responsible for decisions of great difficulty. Contributors then provide an overview of the system's objectives and discuss whether, and to what extent, actual practice meets those objectives. They summarize how juries function and what attitudes lawyers, judges, litigants, former jurors, and the public at large hold about the current system. The second half of the book is devoted to a wide range of recommendations that w