No Contest

Author: Ralph Nader
Publisher: Random House Incorporated
ISBN: 9780375752582
Format: PDF, Docs
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Reveals how corporate lawyers abuse the American legal system and calls for reform that would streamline justice and cut legal costs

ABA Journal

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The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

In the Interests of Justice

Author: Deborah L. Rhode
Publisher: Oxford University Press on Demand
ISBN: 0195165543
Format: PDF, Docs
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A past president of the Association of American Law Schools and senior counsel for the House Judiciary Committee during Clinton's impeachment proceedings, Rhode brings an insider's knowledge to the labyrinthine complexities of how the law works, or fails to work, for most Americans and often for lawyers themselves. She sheds much light on problems with the adversary system, the commercialization of practice, bar disciplinary processes, race and gender bias, and legal education.

Access to Justice

Author: Deborah L. Rhode
Publisher: Oxford University Press
ISBN: 9780195349474
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"Equal Justice Under Law" is one of America's most proudly proclaimed and widely violated legal principles. But it comes nowhere close to describing the legal system in practice. Millions of Americans lack any access to justice, let alone equal access. Worse, the increasing centrality of law in American life and its growing complexity has made access to legal assistance critical for all citizens. Yet according to most estimates about four-fifths of the legal needs of the poor, and two- to three-fifths of the needs of middle-income individuals remain unmet. This book reveals the inequities of legal assistance in America, from the lack of access to educational services and health benefits to gross injustices in the criminal defense system. It proposes a specific agenda for change, offering tangible reforms for coordinating comprehensive systems for the delivery of legal services, maximizing individual's opportunities to represent themselves, and making effective legal services more affordable for all Americans who need them.

Kivalina

Author: Christine Shearer
Publisher: Haymarket Books
ISBN: 1608461718
Format: PDF, Docs
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“This story is a tragedy, and not just because of what’s happening to the people of Kivalina. It’s a tragedy because it’s unnecessary, the product, as the author shows, of calculation, deception, manipulation, and greed in some of the biggest and richest companies on earth.” —Bill McKibben, author Eaarth: Making a Life on a Tough New Planet "Christine Shearer's Kivalina: A Climate Change Story is a fast and bumpy ride that begins with the history of outrageous corporate deceptions through public relations and legal campaigns, continuing with building of the coal-and-oil empire to fuel progress in the United States, leading to the horrendous politics of climate crisis, and finally arriving at its destination, a ground-zero of climate refugee, Kivalina—an Inupiat community along the Chukchi Sea coast of arctic Alaska. I was angry when I turned the last page. I urge you to get a copy, read it, share the story, and join the new global climate justice movement."—Subhankar Banerjee, photographer, writer, activist, and author of Arctic National Wildlife Refuge: Seasons of Life and Land While corporate funded scientists continue their effort to spread doubt about global climate change, for one native village in Alaska, the price of further denial could be the complete devastation of their homes and culture. Kivalina must be relocated to survive, but neither the oil giants nor the government have proven willing to take responsibility. Christine Shearer is a writer, journalist, activist, and academic. She is the environment and ecology editor of Economy Watch, and managing editor of the online progressive magazine Conducive. She is also a contributor to Coalswarm, part of the online corporate watch website SourceWatch.

Why Lawsuits are Good for America

Author: Carl T. Bogus
Publisher: NYU Press
ISBN: 0814737943
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Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald’s because she was scalded when she spilled her coffee. Thousands file lawsuits claiming they were injured by Agent Orange, silicone breast implants, or Bendectin although scientists report these substances do not cause the diseases in question. The United States, conventional wisdom has it, is a hyperlitigious society, propelled by avaricious lawyers, harebrained judges, and runaway juries. Lawsuits waste money and time and, moreover, many are simply groundless. Carl T. Bogus is not so sure. In Why Lawsuits Are Good for America, Bogus argues that common law works far better than commonly understood. Indeed, Bogus contends that while the system can and occasionally does produce “wrong” results, it is very difficult for it to make flatly irrational decisions. Blending history, theory, empirical data, and colorful case studies, Bogus explains why the common law, rather than being outdated, may be more necessary than ever. As Bogus sees it, the common law is an essential adjunct to governmental regulation—essential, in part, because it is not as easily manipulated by big business. Meanwhile, big business has launched an all out war on the common law. “Tort reform”—measures designed to make more difficult for individuals to sue corporations—one of the ten proposals in the Republican Contract With America, and George W. Bush’s first major initiative as Governor of Texas. And much of what we have come to believe about the system comes from a coordinated propaganda effort by big business and its allies. Bogus makes a compelling case for the necessity of safeguarding the system from current assaults. Why Lawsuits Are Good for America provides broad historical overviews of the development of American common law, torts, products liability, as well as fresh and provocative arguments about the role of the system of “disciplined democracy” in the twenty-first century.

Lawyers and Regulation

Author: Patrick Schmidt
Publisher: Cambridge University Press
ISBN: 9781139444644
Format: PDF
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This book is a close study of lawyers who practise occupational safety and health law in the United States, using detailed interview and survey data to explore the roles that lawyers have as representatives of companies, unions, and OSHA (the Occupational Safety and Health Administration). Placed in the context of evolving understandings of regulatory politics as a problem of public-private interaction and negotiation, the book argues that lawyers adapt to multiple roles in what prove to be highly complex settings. The core chapters examine stages of the administrative process where various groups attempt to shape the immediate outcomes and the development of OSHA law. These stages include administrative rulemaking, post-rulemaking litigation of government standards, regulatory enforcement, and compliance counseling by lawyers.