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Freedom of Speech on Private Property
The author offers an extensive survey of the most important court decisions that have attempted to delineate the rights of those who want to express their views and those who want to control access to private property. Among the other topics discussed are commercial speech, political advertising, picketing, and pornography. Extensively documented; it contains a selected bibliography, a subject index, and a case index. Written with a legal audience in mind, but may be read with profit by others interested in the topic. For upper levels. Choice This book offers an informed discussion of the legal issues involved in free speech on private property and examines the important cases that have esta...
The Law and Occupational Injury, Disease, and Death
With more than 11,000 deaths and over two million injuries and diseases attributed to workplace-related hazards each year, the prevention of injuries, death, and disease in the workplace has been of increasing concern to lawyers, labor unions, government officials, insurance companies, and legal scholars. In this volume, noted legal specialist Warren Freedman presents both a comprehensive exposition of common workplace hazards and a detailed survey of the applicable statutes, case law, and court decisions that have developed in this growing field of litigation and regulation. The author treats in depth key issues such as how to identify specific exposures in the workplace, the problem of dru...
Summary Judgment and Other Preclusive Devices
The procedures of summary judgment as well as other preclusive devices have been hailed by many as an effective solution to the current overload facing American courts. In addition to promising speed, these alternative methods also contribute to reduced legal and court costs. Freedman presents a comprehensive discussion of the major preclusive legal mechanisms, amply supported by relevant case law and decisions. The author not only describes the use of such devices in detail but also indicates the circumstances under which such actions are most likely to be successful. Following an introduction, Freedman presents an in-depth treatment of the motion for summary judgment and adjudication witho...
Internal Company Investigations and the Employment Relationship
Freedman focuses on investigation of employees by their companies and organizations, delineating the rights and obligations of the employer and the rights and privileges of the employee in the employment relationship. Internal company investigations have in recent years become widespread as companies and corporations seek to ferret out internal problems. Officers and directors as well as employees have been subjected to the internal investigative process. But the content of these internal investigations and the precise procedures utilized by the company or corporation are simply unknown for the obvious reason that no company or corporation wants to publicize the fact of investigation, or was...
The Tort of Discovery Abuse
In his latest work, Freedman seeks to establish a contemporary tort of discovery abuse. As he notes at the outset, the discovery process has become a central feature of modern litigation. He deals with the ways in which this interrogatory process can be abused, leading to excessive, costly delays in pretrial hearings and in subsequent litigation, if not settlement of the case. Discovery abuse places onerous demands on litigants who can be forced to produce documentation in such quantities, for example, that the costs involved discourage further litigation. At the outset, Freedman fully examines the nature of the discovery process itself, including international discovery procedures, and then...
A Guide to Malpractice Liability for Legal and Law-Related Professions
A concise, well-documented review and discussion of the exposure that lawyers and others in law-related professions have to malpractice suits against them in this malpractice crazed U.S. society. Warren Freedman makes clear that except for product liability suits, malpractice suits are the most litigated legal actions in civil matters, and points out that professionals in these fields are held to higher standards of conduct and ethics than their counterparts in many other fields. He discusses the facts and rulings in various, representative cases and, in so doing, provides lawyers and professionals in related fields with awareness of what they can and cannot do, and what the consequences can be if they behave unethically. A valuable resource for professionals, graduate students, professors of law, government officials, and civil liberties experts.
Press and Media Access to the Criminal Courtroom
To what extent should media coverage of criminal court proceedings be permitted? The central issue is how to strike a balance between the public's right to information and the individual's right to privacy. Freedman reviews the underlying legal principles and constitutional issues and describes important case law. He analyzes situations in which photographing, broadcasting, and televising in the courtroom are currently allowed and examines the relationship between the presence of media equipment during criminal trials and the actions of trial lawyers. The issue of media coverage as it relates to civil trials is also addressed, and British practices regarding press and media coverage of court...
The Constitutional Right to a Speedy and Fair Criminal Trial
Although the U.S. Constitution guarantees those accused of a crime the right to a speedy and fair trial, in practice the judicial system is increasingly characterized by excessive trial delays and unfair trial situations. Here Warren Freedman, a member of the New York, Connecticut, and U.S. Supreme Court bars, offers a comprehensive discussion of the constitutional and statutory provisions underlying the right to a speedy and fair trial and examines their application in actual court practice. As Freedman notes, the mounting costs of lengthy litigation periods dictate that--if only for pragmatic reasons--the constitutional rights of accused criminals to speedy and fair trials must be respecte...
Professional Sports and Antitrust
Experienced attorney and sports enthusiast Freedman provides a comprehensive and extremely informative discussion of the antitrust legislation that affects professional sports--now undeniably a major business in the United States. In addition to thorough coverage of such legal aspects of professional sports as exemption and non-exemption from antitrust laws, anti-competitive practices, restraints of trade, and state regulation, Freedman also provides relevant case law and supporting decisions throughout. Following an introductory section outlining the history of professional sports law and an overview of legal relationships in professional sports, Freedman traces the experience of each of the major sports--baseball, football, basketball, hockey, boxing, wrestling, tennis, golf, and soccer--as pertains to antitrust laws. He offers an incisive analysis of monopolistic aspects of professional sports and other anti-competitive practices against the professional athlete and also examines state regulations and tort and contract liability in professional sports. He concludes with a chapter on the relationship between professional sports and First Amendment freedom of expression.
