Kategoria BISAC: Law >> Civil Procedure

As the economists and lawyers contributing to this volume demonstrate, an important element of the Reagan Revolution has been a fundamental shift in antitrust policy and enforcement away from the focus on market structure during the 1960s and early 1970s toward a greater emphasis on the effects of business conduct on economic efficiency and consumer welfare. This shift, caused both by a marked change in the political climate and changes in the thinking and research output of economists, has had an enormous impact on the volume and substance of antitrust activity during the 1980s. The...

Frank Cross provides a comprehensive treatment of the widely feared problem of environmentally induced cancer. The author takes a threefold approach to the problem, first examining the cancers themselves and what is known about their causes and then exploring both the government's regulation of these environmental pollutants and the legal remedies available to victims of such cancers. Throughout, new proposals for regulating carcinogens and compensating the victims of environmental cancer are discussed.

In Part I, Cross addresses the significant and unique problems presented by the...

Although personal injury law has been much criticized--by legal groups, insurers, health care providers, the business community, legislators, victims, and others--no concrete legal reforms have been enacted that would create a more equitable compensation system for accident victims of all sorts. In this volume, Sugarman offers both a penetrating critique of current personal injury law and a pioneering proposal for new compensation arrangements and new mechanisms for controlling unreasonably dangerous conduct. Sugarman argues persuasively that personal injury law as it is currently...

Labor law in state and local government is often characterized as a patchwork of inconsistent and contradictory statutes. The purpose of this book is to present the labor law in state government in a concise and understandable manner. To date, there has been no systematic treatise on the subject that is generally applicable. The authors have collected and analyzed the laws of each state that have enacted collective bargaining statutes. Comparisons are drawn with the National Labor Relations Act and the evidence suggests that there is a significant area of consistency, suggesting that many...

This book deals comprehensively with the question of the scope of copyright protection for computer programs. Offering a unique blend of scholarship, technical rigor, and readability, it dispels the confusion and controversy that surround the application of copyright law to computer programs. Through an orderly development of facts and analysis it shows why the copyright law is the appropriate regime for software protection and explains the nature of copyright protection for software. Alternating between essay format and case study, the book provides expert counsel to those interested in...

Are U.S. advertising laws ruining competition? Are they helping or hurting consumers? These questions are answered in the first book ever published to present a comprehensive public policy analysis of advertising law. Using insights from communications theory and economic analysis, Professor Petty analyzes all of the recent reported cases under the principal advertising laws. He examines their tendency to discourage beneficial advertising such as explicit comparisons, and analyzes their potential for protecting consumers from significant injury caused by deceptive advertising.

The book...

The burgeoning of court litigation and the resulting logjams in the judicial system have spawned new ways for attorneys and their clients to resolve disputes quickly and at a lower cost. Alternative dispute resolution is one important way of doing this. Editors Nagel and Mills, along with their contributors, explore the theory and practice of this technique. They demonstrate how to clarify, understand and develop the various options available under alternative dispute resolution, and how to evaluate the probable outcomes. Among the tools available to facilitate dispute resolution are...

The United States Supreme Court is on the verge of overturning Roe v. Wade. When it does, that decision may be as important as the Dred Scott decision a century and a half ago. During the confirmation hearings for Clarence Thomas the focus was on the constitutional right to privacy and abortion. No legal concept has been more controversial and has had such a significant impact on the lives of millions of Americans. This book provides an understandable overview of the Supreme Court decisions concerned with privacy issues such as sex, drugs, abortion, and the right to die. The legal...

Decision-aiding software, the underpinning of computer-aided judicial analysis, can facilitate the prediction of how cases are likely to be decided, prescribe decisions that should be reached in such cases, and help administrate more efficiently the court process. It can do so, says Nagel, by listing past cases on each row of a spreadsheet matrix, by listing predictive criteria in the columns, and in general by showing for each factual element the estimated probability of winning a case. The software aggregates the information available and deduces likely outcomes. But it can also...

In order for free expression to be meaningful, there must be forums available for individuals wishing to express themselves. Despite an increasing number of broadcast stations, there are still far more people wishing to speak than there are licenses. This book examines the marketplaces for free speech and proposes means by which speaking opportunities can be increased. The author even proposes the creation of broadcast access channels. Unlike access proposals of the past, these channels would respect the rights of broadcasters and cable operators by not requiring them to accomodate...

Private and governmental insurance systems in the United States have been suffering an ongoing series of crises. Automobile liability insurance, malpractice protection, health insurance, pension plans, and property insurance have been troubled in recent times by such matters as the threat of insolvency, extremely high premiums, lack of availability for many applicants, and discriminatory selling practices. For over a century, private insurance has been heavily regulated. Governmental insurance, particularly social programs such as Social Security and Medicare, also face serious funding and...

Managers in all types of organizations and at all levels of supervision have the responsibility to investigate using negotiation and ADR to determine how they can reduce the harmful impact of litigation. The book deals with recognizing and understanding the problems, costs and reasons behind excessive litigation. The author describes the strong relationship that occurs between improving one's negotiation skills and making use of formal ADR techniques designed to resolve disputes. This book is for managers at the higher levels of supervision and in both private and public organizations,...

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...