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One of the most important functions of government—risk management—is one of the least well understood. Moving beyond familiar public functions—spending, taxation, and regulation—Moss spotlights government's pivotal role as a risk manager, revealing the nature and extent of this function, which touches almost every aspect of economic life.
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.
Tort law is a good thing (whatever it is....).
Stephen Errol Blythe is Professor of Accounting & Business Law in the College of Business Administration, Abu Dhabi University, Abu Dhabi, United Arab Emirates. He earned a Ph.D. in Business Administration at the University of Arkansas in 1979 and a Ph.D. in Computer Law at The University of Hong Kong in 2010. He has published 34 computer law articles in distinguished journals such as: Chicago-Kent Journal of Intellectual Property, Columbia Journal of East European Law, European Journal of Law and Economics, Houston Journal of International Law, North Carolina Journal of Law and Technology, Northwestern Journal of International Law and Business, Syracuse Journal of International Law and Commerce, and Tulane Journal of Technology and Intellectual Property. In the 1980s, he practiced law solo in Houston, Texas representing numerous plaintiffemployees in litigation against defendant-employers. In the 1990s, he was affi liated with the law firm of Cheek, Cheek & Cheek in Oklahoma City and represented numerous defendant-insurance companies in litigation. He has traveled to more than 50 countries on 6 continents. Dr. Blythe may be contacted at: ecommercelaw@hotmail.com.
Capitalizing on Environmental Injustice provides a comprehensive overview of the achievements and challenges confronting the environmental justice movement. Pressured by increased international competition and the demand for higher profits, industrial and political leaders are working to weaken many of America's most essential environmental, occupational, and consumer protection laws. In addition, corporate-led globalization exports many ecological hazards abroad. The result is a deepening of the ecological crisis in both the United States and the Global South. However, not all people are impacted equally. In this process of capital restructuring, it is the most marginalized segments of soci...
With passion and precision, Exile and Embrace examines the key elements of the religious debates over capital punishment and shows how they reflect the values and self-understandings of contemporary Americans. Santoro demonstrates that capital punishment has relatively little to do with the perpetrators and much more to do with those who would impose the punishment. Because of this, he convincingly argues, we should focus our attention not on the perpetrators and victims, as is typically the case in debates pro and con about the death penalty, but on ourselves and on the mechanisms that we use to impose or oppose the death penalty. An important book that will appeal to those involved in the death penalty debate and to general religious studies and American studies scholars, as well.
"Burke drills deep into America's unique culture of litigation and is rewarded with a powerful insight: it is not the public or even lawyers that are so darn litigious, but American law itself. This meticulous, dispassionate book stands not only to advance the debate but—I hope—to reshape it."—Jonathan Rauch, author of Government's End: Why Washington Stopped Working "Lawyers, Lawsuits, and Legal Rights is a fascinating study of the American penchant for public policies that rely on lawsuits to get things done. Burke's analysis is insightful and original. This book compellingly shows that litigious policies have deep roots in our Constitution, culture, and politics."—Charles Epp, aut...