Why Lawyers Derail Justice
Author : John C. Anderson
Publisher : Penn State Press
Page : 253 pages
File Size : 31,41 MB
Release : 2010-11-01
Category : Law
ISBN : 0271040041
Author : John C. Anderson
Publisher : Penn State Press
Page : 253 pages
File Size : 31,41 MB
Release : 2010-11-01
Category : Law
ISBN : 0271040041
Author : James R. Maxeiner
Publisher : Cambridge University Press
Page : 343 pages
File Size : 41,35 MB
Release : 2011-08-29
Category : Law
ISBN : 1139504894
Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems.
Author : Robert H. Mnookin
Publisher : Harvard University Press
Page : 369 pages
File Size : 18,94 MB
Release : 2004-04-15
Category : Law
ISBN : 0674504100
Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don’t settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques. In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one’s own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle—clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.
Author : Rebecca L. Sanderfur
Publisher : Emerald Group Publishing
Page : 288 pages
File Size : 18,58 MB
Release : 2009-03-23
Category : Social Science
ISBN : 1848552432
Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.
Author : Peter J. van Koppen
Publisher : Springer Science & Business Media
Page : 548 pages
File Size : 38,55 MB
Release : 2012-12-06
Category : Psychology
ISBN : 1441991964
This is the first volume that directly compares the practices of adversarial and inquisitorial systems of law from a psychological perspective. It aims at understanding why American and European continental systems differ so much, while both systems entertain much support in their communities. The book is written for advanced audiences in psychology and law.
Author : Christine Parker
Publisher : Oxford University Press on Demand
Page : 267 pages
File Size : 36,5 MB
Release : 1999
Category : Law
ISBN : 9780198268413
Just Lawyers proposes a model for the regulation and organization of lawyers, guided by an ideal of access to justice. It is grounded in empirical analysis of why people complain about lawyers, the nature of existing legal institutions, and the ethical ideals of the profession. Parker weaves the normative theory of deliberative democracy with the empirical law and society tradition of research on the limits and possibilities of law. She shows that access to justice can only occur in the interaction between courtroom justice, informal everyday justice, and social movementpolitics. Lawyers' justice should educate people's justice to improve the justice quality of everyday relationships and transactions, while community concerns (including community access to justice concerns) should reshape lawyers' regulation, organization, andpractices to improve substantive justice. Just Lawyers shows how legal proffesionalism can only be revitalized through the reform of access to justice beyond lawyers.
Author : Frank Bae
Publisher : BRILL
Page : 764 pages
File Size : 48,47 MB
Release : 2021-12-13
Category : Law
ISBN : 9004502416
Author : Srikanta Ghosh
Publisher : APH Publishing
Page : 516 pages
File Size : 19,27 MB
Release : 1997
Category : Political Science
ISBN : 9788170248668
Author : Stephen B. Burbank
Publisher : Cambridge University Press
Page : 299 pages
File Size : 46,92 MB
Release : 2017-04-18
Category : Law
ISBN : 110818409X
This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.
Author : Vai Io Lo
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 20,46 MB
Release : 2020-02-28
Category : Law
ISBN : 1785363093
Law and Society in China examines the interplay between law and society from imperial to present-day China. This synoptic book traces the developments of law in Chinese societies, investigates the role of law in social governance, and discusses China’s ongoing reforms towards the rule of law with Chinese characteristics. In fostering a comprehensive, rather than piecemeal and disconnected, understanding of the interaction between law and society in China, this book will reduce misconceptions about and enhance appreciation for Chinese law.