Download or read book Tales and Torts written by Robert B. Kearl and published by FriesenPress. This book was released on 2022-12-08 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The newspaper headline declared in large bold letters: “Shoot Out At High Noon.” Reading the first paragraph of the article disclosed the truth of the old saying, “don’t take a knife to a gun fight.” The man with the knife lay dead on the ground, while the fellow with the rifle fled the scene in his blue Ford F-150 full-size pickup truck” (from “The Love Triangle”). Tales and Torts: Stories of a Country Lawyer is a unique collection of short stories proving the axiom, “sometimes the truth is stranger than fiction.” Each story recounted is based on a real legal case and each illuminates the human condition. Love, prized animals, tragedy, murder, swindlers and thieves, disgruntled family members, and hardened criminals. These tales involve a wide variety of cases in many areas of the law with astonishing fact patterns and extraordinary individuals chosen out of thousands of cases over a forty-year legal career. From the Jewish Russian tenor escaping religious persecution in Russia, to the Tongan travelling to experience the miracle of snow in Canada, to Li jing, whose life was tragically altered on Chinese New Year’s Eve, each character is brought to life with humour, compassion, and an eye to achieving one goal: justice.
Download or read book Distorting the Law written by William Haltom and published by University of Chicago Press. This book was released on 2009-11-15 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.
Download or read book Lawyer Barons written by Lester Brickman and published by Cambridge University Press. This book was released on 2011-01-31 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a broad and deep inquiry into how contingency fees distort our civil justice system, influence our political system and endanger democratic governance. Contingency fees are the way personal injury lawyers finance access to the courts for those wrongfully injured. Although the public senses that lawyers manipulate the justice system to serve their own ends, few are aware of the high costs that come with contingency fees. This book sets out to change that, providing a window into the seamy underworld of contingency fees that the bar and the courts not only tolerate but even protect and nurture. Contrary to a broad academic consensus, the book argues that the financial incentives for lawyers to litigate are so inordinately high that they perversely impact our civil justice system and impose other unconscionable costs. It thus presents the intellectual architecture that underpins all tort reform efforts.
Download or read book Cases and Materials on Tort and Accident Law written by Robert E. Keeton and published by West Publishing Company. This book was released on 1998 with total page 1354 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Why Lawsuits are Good for America written by Carl T. Bogus and published by NYU Press. This book was released on 2003-07-01 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that lawsuits work far better than commonly understood Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald’s because she was scalded when she spilled her coffee. Thousands file lawsuits claiming they were injured by Agent Orange, silicone breast implants, or Bendectin although scientists report these substances do not cause the diseases in question. The United States, conventional wisdom has it, is a hyperlitigious society, propelled by avaricious lawyers, harebrained judges, and runaway juries. Lawsuits waste money and time and, moreover, many are simply groundless. Carl T. Bogus is not so sure. In Why Lawsuits Are Good for America, Bogus argues that common law works far better than commonly understood. Indeed, Bogus contends that while the system can and occasionally does produce “wrong” results, it is very difficult for it to make flatly irrational decisions. Blending history, theory, empirical data, and colorful case studies, Bogus explains why the common law, rather than being outdated, may be more necessary than ever. As Bogus sees it, the common law is an essential adjunct to governmental regulation—essential, in part, because it is not as easily manipulated by big business. Meanwhile, big business has launched an all out war on the common law. “Tort reform”—measures designed to make more difficult for individuals to sue corporations—one of the ten proposals in the Republican Contract With America, and George W. Bush’s first major initiative as Governor of Texas. And much of what we have come to believe about the system comes from a coordinated propaganda effort by big business and its allies. Bogus makes a compelling case for the necessity of safeguarding the system from current assaults. Why Lawsuits Are Good for America provides broad historical overviews of the development of American common law, torts, products liability, as well as fresh and provocative arguments about the role of the system of “disciplined democracy” in the twenty-first century.
Download or read book The Measure of Injury written by Martha Chamallas and published by NYU Press. This book was released on 2010-05-31 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""This book asks important questions about the tort system. Tort law is largely taught and described from a doctrinal perspective that makes no attempt to see how it is actualy working on the ground. This book assesses how the tort system fares in operation by examining how race and gender influence court decisions in torts cases. A promising direction for scholarship on the tort system.""--BOOK JACKET.
Download or read book Research Handbook on the Economics of Torts written by Jennifer Arlen and published by Edward Elgar Publishing. This book was released on 2013-11-29 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book American Negro Folktales written by Richard M. Dorson and published by Courier Dover Publications. This book was released on 2015-06-09 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: A preacher battles a bear, a mother returns from the dead, and a clever servant conducts a Big Feet Contest in this rich anthology of African-American folklore. Scores of humorous and harrowing stories, collected during the mid-twentieth century, tell of talking animals, ghosts, devils, and saints. The first part of the book provides a setting for the fables, in which folklorist Richard M. Dorson discusses their origins and the artistry of storytellers. The second part consists of the tales, which include the adventures of Old Marster and John, supernatural episodes, and comical and satirical anecdotes as well as more realistic accounts of racial injustice. Recounted in the actual words of the narrators, the folktales abound in bold language, memorable imagery, and bittersweet humor that reflect the essence of African-American storytelling traditions.
Download or read book Street on Torts written by Christian A. Witting and published by Oxford University Press, USA. This book was released on 2015 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt: Street on Torts provides a scholarly and incisive treatment of the law of torts with a focus upon key concepts and clear explanations. This book builds upon the learning of its previous, celebrated authors and, nearly 60 years after publication of the first edition, is considered a classic exposition of the law of torts.
Download or read book Freedom to Harm written by Thomas O. McGarity and published by Yale University Press. This book was released on 2013-03-19 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIV How much economic freedom is a good thing? This book tells the story of how the business community, and the trade associations and think tanks that it created, launched three powerful assaults during the last quarter of the twentieth century on the federal regulatory system and the state civil justice system to accomplish a revival of the laissez faire political economy that dominated Gilded Age America. Although the consequences of these assaults became painfully apparent in a confluence of crises during the early twenty-first century, the patch-and-repair fixes that Congress and the Obama administration put into place did little to change the underlying laissez faire ideology and practice that continues to dominate the American political economy. In anticipation of the next confluence of crises, Thomas McGarity offers suggestions for more comprehensive governmental protections for consumers, workers, and the environment. /div
Download or read book Markesinis and Deakin s Tort Law written by Simon Deakin, FBA and published by Oxford University Press. This book was released on 2012-10-18 with total page 1002 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully updated to cover developments including the Protection from Harassment Act 1997, the Human Rights Act, Regina vs. Ireland, and Regina vs. Burstow, this book provides comprehensive commentary on tort law. The authors provide a variety of comparative and economic perspectives upon the area.
Download or read book Markesinis and Deakin s Tort Law written by Simon F. Deakin and published by . This book was released on 2019 with total page 1011 pages. Available in PDF, EPUB and Kindle. Book excerpt: Markesinis and Deakin's Tort Law is an authoritative, analytical, and well-established textbook, now in its eighth edition. The authors provide a variety of comparative and economic perspectives on the law of tort and its likely development, placing the subject in its socio-economic context, giving students a deeper understanding of tort law.
Download or read book Beyond the Adversarial System written by Helen Stacy and published by Federation Press. This book was released on 1999 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australia is presently seeking to streamline its civil justice system. It is popular folklore that the Australian civil justice system is inaccessible to 'ordinary people' as it is expensive, slow and complex. The reasons for these alleged failings are attributed to various causes, such as arcane and inefficient judicial practices, money-hungry lawyers or, more fundamentally, to the very underpinnings of civil litigation - adversarialism. This volume confronts this folklore. It provides perspectives about civil justice from its major user and funding source (government) and the group of Australians who have used it the least and feel most alienated from the system (indigenous Australians). It explores the insights of those who work with adversarialism day in and day out (judges and lawyers) and reveals both defenders and strident advocates for change. Finally, it steps back and gives an outsider's view of Australian adversarialism from those with knowledge of a sister system in the United States.
Download or read book Feminist Perspectives on Tort Law written by Janice Richardson and published by Routledge. This book was released on 2012-05-23 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Feminist Perspectives on Tort Law offers a distinctly feminist approach to key topics in tort law. Ten original essays written by feminist legal scholars from the UK, US, Canada and Australia encompass a range of ways of thinking about women, tort law and feminism. The collection provides a fresh and original analysis of issues of long-standing concern to feminists as well as nascent areas of concern. These include conceptions of harm, constructions of reasonableness, the duty of care, the public/private divide, sexual wrongdoing, privacy and environmental law. Written with both scholars and students in mind, Feminist Perspectives on Tort Law is an important and timely addition to key debates in tort law..
Download or read book The Tort of Conversion written by Sarah Green and published by Bloomsbury Publishing. This book was released on 2009-11-09 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal and commercial importance of the tort of Conversion is difficult to overstate, and yet there remains a sense that the principles of the tort are elusive. Most recently, this was illustrated by the difficulties posed for the House of Lords by the Conversion issue in OBG v Allan [2007] UKHL 21, on which it was closely divided. Conversion, as we now recognise it, has a complex pedigree. Showing little regard for received taxonomies, it has elements which make lawyers think in terms of property, despite its eventful descent from actions in personam. Conversion is, therefore, something of a hybrid creature, which perhaps explains the paucity of scholarly analysis of the subject to date, property lawyers and tort lawyers each regarding it as the other's concern. This book is the first comprehensive appraisal of the modern tort of Conversion. It offers a coherent and accessible rationalisation of the subject, supported by rigorous analysis of all aspects, from title to sue to the available remedies. The principal thesis of the work is that the development of Conversion has somewhat stagnated, and in consequence the tort has so far been unable to fulfil either its theoretical or its practical potential as a legal device. Whilst this is partly a result of historical factors, it is also a consequence of the fact that no systematic examination of the tort in England appears ever to have been carried out. The primary objectives of the book, therefore, are to provide such an analysis, to present Conversion as a useful and important tort, well suited to the demands of contemporary law and commerce, and to offer a principled framework for its future development.
Download or read book All about Torts written by Constantinos E. Scaros and published by . This book was released on 2000 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a sound introduction to law and the American legal system, this well-written and easy-to-follow guide to understanding torts shows readers the critical role this branch of law plays and how it affects people from all walks of life.Begins with an introduction to laws, followed by an introduction to torts, then offer full chapter coverage on torts to the person, property, and reputation; malpractice; torts to other civil rights; defenses, remedies and damages involving the torts learned; and careers in torts for attorneys and paralegals. Discusses generalnot state-specifictort laws, and shows that the basic concepts of tort law are rooted in a particular set of ideas which do not change with each new legislative session. Integrates many examples throughout to clarify material, add perspective, and deepen understanding.For legal assistants, court reporters, personal injury lawyers, entertainment lawyers, or anyone who wants a fundamental understanding of torts.
Download or read book Tort Law and the Legislature written by TT Arvind and published by Bloomsbury Publishing. This book was released on 2012-12-21 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of the law of tort is generally preoccupied by case law, while the fundamental impact of legislation is often overlooked. At a jurisprudential level there is an unspoken view that legislation is generally piecemeal and at best self-contained and specific; at worst dependent on the whim of political views at a particular time. With a different starting point, this volume seeks to test such notions, illustrating, among other things, the widespread and lasting influence of legislation on the shape and principles of the law of tort; the variety of forms of legislation and the complex nature of political and policy concerns that may lie behind their enactment; the sometimes unexpected consequences of statutory reform; and the integration not only of statutory rules but also of legislative policy into the operation of tort law today. The apparently sharp distinction between judicially created private law principles, and democratically enacted legislative rules and policies, is therefore questioned, and it is argued that to describe the principles of the law of tort without referring to statute is potentially highly misleading. This book shows that legislation is important not only because of the way it varies or replaces case law, but because it also deeply influences the intrinsic character of that law, providing some of its most familiar characteristics. The book provides the first extended interpretation of legislative intervention in the law of tort. Each of the chapters, by leading tort scholars, deals with an aspect of the influence of legislation on the law of tort. While the nature, sources and extent of legislative influence in personal injury law is an essential feature of the collection, other significant areas of tort law are explored, including tort in the context of commercial law, labour law, regulation and the welfare state. Essays on the Compensation Act 2006 and Human Rights Act 1998 bring the current state of the interplay between tort, politics and legislation to the forefront. In all of these contexts, contributors explore the deeper lessons that can be learned about the nature of the law of tort and its changing role and functions over time. Cited with approval in the Singapore Court of Appeal by VK Rajah JA in See Toh Siew Kee vs Ho Ah Lam Ferrocement (Pte) Ltd and others, [2013] SGCA 29
