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Labor lawyer Paul Weiler examines the social and economic changes that have profoundly altered the legal framework of the employment relationship. He not only discusses a wide range of issues, from wrongful dismissal to mandatory drug testing and pay equity, but he also develops a blueprint for the reconstruction of the law of the workplace, especially designed to give American workers more effective representation.
Medical malpractice has been at the center of recurring tort crises for the last quarter-century. In 1960, expenditures on medical liability insurance in the United States amounted to about $60 million. In 1988, the figure topped $7 billion. Physicians have responded not simply with expensive methods of "defensive medicine" but also with successful pressure upon state legislatures to cut back on the tort rights of seriously injured patients. Various reforms have been proposed to deal with the successive crises, but so far none have proved to be effective and fair. In this landmark book, Paul Weiler argues for a two-part approach to the medical malpractice crisis. First, he proposes a thoroug...
The world of sports seems entwined with lawsuits. This is so, Paul Weiler explains, because of two characteristics intrinsic to all competitive sports. First, sporting contests lose their drama if the competition becomes too lopsided. Second, the winning athletes and teams usually take the "lion's share" of both fan attention and spending. So interest in second-rate teams and in second-rate leagues rapidly wanes, leaving one dominant league with monopoly power. The ideal of evenly balanced sporting contests is continually challenged by economic, social, and technological forces. Consequently, Weiler argues, the law is essential to level the playing field for players, owners, and ultimately f...
Covers various aspects of professional sports, including the unique office of the league commissioner, the many contract, antitrust, and labor law dimensions of the player-labor market, and the peculiar institution of the player agent in a unionized industry. Looks at the system of college athletics governed by the NCAA and how law impacts individual sports like golf, tennis, boxing, and the motor sports, as well as the structure and operation of international Olympic sports. Also focuses on tort and criminal law issues arising out of the personal injuries caused by sports.
A Measure of Malpractice tells the story and presents the results of the Harvard Medical Practice Study, the largest and most comprehensive investigation ever undertaken of the performance of the medical malpractice system. The Harvard study was commissioned by the government of New York in 1986, in the midst of a malpractice crisis that had driven insurance premiums for surgeons and obstetricians in New York City to nearly $200,000 a year. The Harvard-based team of doctors, lawyers, economists, and statisticians set out to investigate what was actually happening to patients in hospitals and to doctors in courtrooms, launching a far more informed debate about the future of medical liability ...
Entertainment, media and the law : text, cases, problems.
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
"Defines the challenges facing the movement and offers comprehensive prescriptions for its successful transformation." —The George Washington Law Review A valuable analysis of the rise, fall, and--hopefully—the revival of unionism in America. [The book] distills into readable form a mass of legal and empirical analysis of what has been happening in the workplaces of the United States and other industrial democracies. Most important, Craver has drawn a blueprint of what must be done to save collective bargaining in this century—must reading for scholars, lawmakers, and, especially, union leaders themselves. —Paul C. Weiler, Harvard Law SchoolAuthor of Governing the Workplace: The Futu...
This collection of essays aims to look afresh at an institution which, although already the subject of numerous academic analyses and extensive legal research, remains of central importance to all who are interested in the development of European Union law and policy. Various contributions seek to develop particular avenues of analysis which, despite the significant increase in the range and volume of literature on the Court of Justice, have not yet been very fully explored. They include a legal-philosophical account of the ECJ's reasoning, a sociological analysis of patterns of litigation before the Court, and an investigation of the impact and presence of gender in the Court's work and on its institutional position. Other contributions look anew at the more topical and sometimes controversial subject of the relationship between national courts and the Court of Justice, both under the preliminary reference procedure and in other contexts, and a final essay considers the likely effect on the Court of Justice and the Court of First Instance of the reforms to the judicial structure proposed during the Nice Intergovernmental Conference.