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...

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...

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...

This important new book presents a clear and systematic analysis of the right or privilege to keep and bear arms within the meaning of the Second Amendment to the United States Constitution. Attorney Warren Freedman provides the answers to the arguments put forth by the National Rifle Association and arms manufacturers and dealers. He carefully annotates the Second Amendment and delineates the historical background to it. How federal and state courts have interpreted the Second Amendment is also scrutinized. Limitations on the privilege to keep and bear arms are examined under the police...

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...

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...

Written as a comprehensive reference for personnel managers, vice presidents in charge of human resources, and for practicing attorneys, "The Employment Contract" addresses both the historical development of the employer-employee relationship and current legal practice. In addition to thorough coverage of the many legal and nonlegal concepts and precedents involved, Freedman also offers in-depth analysis of such timely issues as the impact of AIDS on anti-discrimination statutes and problems of sexual harassment in the workplace. Throughout, the discussion is illustrated with ample...