Download or read book Two Cheers for Contingent Fees written by Alexander Tabarrok and published by A E I Press. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: If America is a lawsuit hell, then contingent-fee lawyers are often considered its devils. Contingent fees have been called unwarranted and the lawyers who accept them have been denounced as unethical and uncivilized. Furthermore, in the midst of increased filings and escalating awards, it is difficult not to notice that some plaintiffs' lawyers have become very rich. As a result, tort reformers have called for limits on contingent fees and many states have obliged. But limits have been enacted without any evidence that contingent fees were either responsible for the liability crisis or that limiting them would produce benefits. This study, one of the first empirical examinations of contingent-fee limits, finds that contingent fees benefit plaintiffs and do not cause higher awards. Furthermore, contingent-fee limits are unlikely to reduce lawyers' income very much, since they will simply switch to hourly fees. Since hourly fee lawyers are willing to take more cases to court than contingent-fee lawyers, contingent-fee limits can increase the number of low-value junk suits. Tort reform is an important goal, but limiting the contractual rights of plaintiffs and their lawyers is an unattractive and likely ineffective method of achieving that goal. The AEI's Liability Studies examine aspects of the U.S. civil liability system central to the political debates over liability reform. The goal of the series is to contribute new empirical evidence and promising reform ideas that are commensurate to the seriousness of America's liability problems. Alexander Tabarrok is an associate professor of economics at George Mason University and director of research for the Independent Institute. Eric Helland is an associate professor of economics at Claremont McKenna College, a senior economist at the RAND Corporation's Institute for Civil Justice, and a member of the plenary faculty at the Claremont Graduate School.
Download or read book Two Cheers for Higher Education written by Steven Brint and published by Princeton University Press. This book was released on 2020-08-04 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading expert challenges the prevailing gloomy outlook on higher education with solid evidence of its successes Crushing student debt, rapidly eroding state funding, faculty embroiled in speech controversies, a higher-education market disrupted by online competition—today’s headlines suggest that universities’ power to advance knowledge and shape American society is rapidly declining. But Steven Brint, a renowned analyst of academic institutions, has tracked numerous trends demonstrating their vitality. After a recent period that witnessed soaring student enrollment and ample research funding, universities, he argues, are in a better position than ever before. Focusing on the years 1980–2015, Brint details the trajectory of American universities, which was influenced by evolving standards of disciplinary professionalism, market-driven partnerships (especially with scientific and technological innovators outside the academy), and the goal of social inclusion. Conflicts arose: academic entrepreneurs, for example, flouted their campus responsibilities, and departments faced backlash over the hiring of scholars with nontraditional research agendas. Nevertheless, educators’ commitments to technological innovation and social diversity prevailed and created a new dynamism. Brint documents these successes along with the challenges that result from rapid change. Today, knowledge-driven industries generate almost half of U.S. GDP, but divisions by educational level split the American political order. Students flock increasingly to fields connected to the power centers of American life and steer away from the liberal arts. And opportunities for economic mobility are expanding even as academic expectations decline. In describing how universities can meet such challenges head on, especially in improving classroom learning, Brint offers not only a clear-eyed perspective on the current state of American higher education but also a pragmatically optimistic vision for the future.
Download or read book A Comparative Study of Funding Shareholder Litigation written by Wenjing Chen and published by Springer. This book was released on 2017-04-25 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the funding problems with shareholder litigation through a functionally comparative way. In fact, funding problems with shareholder lawsuits may largely discourage potential shareholder litigants who bear high financial risk in pursuing such a claim, but on the other hand they may not have much to gain. Considering the lack of incentives for potential shareholder claimants, effective funding techniques should be in place to make shareholder actions function as a corporate governance tool and discipline corporate management. The book analyzes, among others, the practice of funding shareholder litigation in the Australia, Canada, the UK, the US and Israel, and covers all of the typical approaches being used in financing shareholder litigation in the current world. For instance, Israel and Canada (Quebec and Ontario) are probably unique in having a public funding mechanism for derivative actions and class actions, while Australia is the country where third party litigation funding is originated and is growing rapidly. Based on this comparative research, the last part of this book discusses how to fund shareholder litigation in China in context of its social and legal background and what kind of problems need to be solved if certain funding techniques are used.
Download or read book Two Cheers for Capitalism written by Irving Kristol and published by Signet. This book was released on 1979 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Two Cheers for Anarchism written by James C. Scott and published by Princeton University Press. This book was released on 2014-03-10 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: A spirited defense of the anarchist approach to life James Scott taught us what's wrong with seeing like a state. Now, in his most accessible and personal book to date, the acclaimed social scientist makes the case for seeing like an anarchist. Inspired by the core anarchist faith in the possibilities of voluntary cooperation without hierarchy, Two Cheers for Anarchism is an engaging, high-spirited, and often very funny defense of an anarchist way of seeing—one that provides a unique and powerful perspective on everything from everyday social and political interactions to mass protests and revolutions. Through a wide-ranging series of memorable anecdotes and examples, the book describes an anarchist sensibility that celebrates the local knowledge, common sense, and creativity of ordinary people. The result is a kind of handbook on constructive anarchism that challenges us to radically reconsider the value of hierarchy in public and private life, from schools and workplaces to retirement homes and government itself. Beginning with what Scott calls "the law of anarchist calisthenics," an argument for law-breaking inspired by an East German pedestrian crossing, each chapter opens with a story that captures an essential anarchist truth. In the course of telling these stories, Scott touches on a wide variety of subjects: public disorder and riots, desertion, poaching, vernacular knowledge, assembly-line production, globalization, the petty bourgeoisie, school testing, playgrounds, and the practice of historical explanation. Far from a dogmatic manifesto, Two Cheers for Anarchism celebrates the anarchist confidence in the inventiveness and judgment of people who are free to exercise their creative and moral capacities.
Download or read book Mandatory Binding Arbitration Agreements written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judge and Jury written by Eric Helland and published by Independent Institute. This book was released on 2015-08-24 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the U.S. tort system in crisis? CBS television's 60 Minutes has said the tort system metes out "jackpot justice," and Newsweek has called America a "Lawsuit Hell." Other observers of the legal system, however, argue that the tort crisis is a myth. Although both sides of the debate rely primarily on anecdote and the selective use of evidence, a sound diagnosis of the tort system requires a rigorous analysis of hard data, not a retelling of sensationalistic sound bites. In Judge and Jury: American Tort Law on Trial, economists Eric Helland and Alexander Tabarrok present their study of tens of thousands of tort cases from across the United States. The result is the most complete picture of the U.S. system of civil justice to date. Examining three of the key players of the tort system (juries, judges, and lawyers), Helland and Tabarrok conclude that the tort system is badly broken in some respects but functions surprisingly well in others.
Download or read book Cost and Fee Allocation in Civil Procedure written by Mathias Reimann and published by Springer Science & Business Media. This book was released on 2011-11-15 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families. This study is the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.
Download or read book The Costs and Funding of Civil Litigation written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2010-11-17 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It was linked with the most comprehensive review of costs ever carried out in England and Wales by Lord Justice Jackson in 2009 and benefited from the assistance of leading practitioners around the globe. The study analyses the principles and rules that relate to paying courts, witnesses and lawyers, and the rules on cost shifting, if any. It also notes the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the so far limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. The study also presents the results of nine case studies of typical claim types, so as to give a first overview comparison of which countries' legal systems are cheaper or more expensive. The book further contains national chapters with in depth analysis contributed by scholars in 18 jurisdictions (Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further chapter on Latin American jurisdictions. 'Dr Hodges, Professor Vogenauer and Dr Tulibacka have conducted an excellent and thorough comparative study of litigation costs and funding across a wide range of jurisdictions ('the Oxford study'). The Oxford study is important, because it provides both context and background for any critical examination of our own costs and funding rules... I commend this book both for its breadth and detail and also for its percipient commentary. This work will make a valuable contribution to the debate which lies ahead about how the costs and funding rules of England and Wales should be reformed in order to promote access to justice.' From the Foreword by Lord Justice Jackson, Royal Courts of Justice, 16th July 2010 This title is included in Bloomsbury Professional's International Arbitration online service.
Download or read book The Cost of the Medical Liability System Proposals for Reform Including H R 5 the Help Efficient Accessible Low cost Timely Healthcare HEALTH Act of 2011 written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health and published by . This book was released on 2013 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Reform of Class and Representative Actions in European Legal Systems written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2008-10-07 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the principal trends and policy goals relating to collective redress mechanisms in Europe. It identifies three principal areas in which procedures and debates have emerged: within consumer protection and competition law, and from some national court systems. It identifies differing national models of public and private enforcement in consumer protection law in the Member States, and the search for more efficient and inclusive procedures that would deliver increased access to justice and enhanced compliance with desired standards (arguably through deterrence). A sequence of case studies illustrates the pros and cons of differing models. Lessons are also drawn from the experience of class actions in the USA over the transactional costs of private law mechanisms, and adverse economic consequences. The various policy strands are unravelled and prioritised, and options for the future are recommended. The American 'private enforcement' model is contrasted with the more prevalent European public and mediated enforcement tradition. New developments involving Ombudsmen and oversight of compensation by public enforcement bodies are identified, and underlying theories of restorative justice and responsive regulation discussed. Public, private, formal, informal, ADR and voluntary methodologies are evaluated against criteria, and it is concluded that the optimal options for collective redress in Europe involve a combination of approaches, with priority given to public and voluntary solutions over private court-based mechanisms. "Reform of collective redress is the hottest topic in European civil justice today. Dr. Hodges, one of the world's leading experts in the field, provides a deeply informed evaluation of the current debates. Illustrative case studies drawn from both consumer protection and competition areas enrich and ground his provocative analysis of the complex issues at stake making this a "must-have" book for every practitioner, academic and policy-maker in the field". Professor Jane Stapleton, Australian National University, and University of Texas, Austin. This title is included in Bloomsbury Professional's International Arbitration online service.
Download or read book America s Capital Markets written by United States. Congress. House. Committee on Financial Services. Subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises and published by . This book was released on 2006 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Complications in Anesthesiology written by Emilio B. Lobato and published by Lippincott Williams & Wilkins. This book was released on 2008 with total page 1052 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its Third Edition, this comprehensive, problem-based textbook discusses the full range of complications in anesthesiology. Major sections cover intraoperative and postoperative complications affecting each organ system-respiratory, cardiovascular, neurologic, ophthalmologic, renal, hematologic and hemostatic, gastrointestinal, endocrine, obstetric, immunologic and infectious, and disorders of temperature regulation. Coverage includes problems that are rarely mentioned in older textbooks, such as ischemic optic neuropathy and postoperative cognitive dysfunction. Chapters address complications associated with specific equipment and techniques, with adverse drug interactions, and with herbal remedies and over-the-counter medications. Also included are chapters on medicolegal issues and risks to the anesthesiologist.
Download or read book Two Cheers for the Affluent Society written by Wilfred Beckerman and published by Saint Martin's Griffin. This book was released on 1975 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Two Cheers for Higher Education written by Steven Brint and published by Princeton University Press. This book was released on 2018 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the years 1980-2015, Brint details the trajectory of American universities, which was influenced by evolving standards of disciplinary professionalism, market-driven partnerships, and the goal of social inclusion.
Download or read book Two Cheers for Minority Government written by Peter H. Russell and published by University of Toronto Press. This book was released on 2023-11-01 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two Cheers for Minority Government presents a concise, accessible analysis of the prevalence of minority governments in Canada. Using the Canadian case to reflect on the processes and procedures of the parliamentary system, Peter H. Russell explores the tendency for people in parliamentary government to prefer elections which result in one party getting a margin of seats. Russell aims to explain why a minority government is not only a likely outcome of parliamentary elections in Canada but is also, for most, the best possible outcome. He argues that the best result of parliamentary actions is for no party to end up with a majority of seats in the lower house. This makes for government that is more accountable to the people. The new edition reveals how the increasing frequency of parliamentary elections that do not result in majority governments is a positive development for democracy. Ultimately, Two Cheers for Minority Government aims to help both citizens and politicians understand and make the most of the opportunities presented by minority governments.
Download or read book The Comparative and International Law Journal of Southern Africa written by and published by . This book was released on 2001 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt:
