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The Resource In praise of litigation, Alexandra Lahav

In praise of litigation, Alexandra Lahav

Label
In praise of litigation
Title
In praise of litigation
Statement of responsibility
Alexandra Lahav
Creator
Author
Subject
Language
eng
Summary
  • It is not difficult to find critics of America's famously litigious society. We have more lawyers per capita than anywhere else. Critics say we are unmatched in our willingness to sue, pointing to anecdotes of frivolous suits such as a man who sued his dry cleaner over a pair of pants or parents who sued a school when their son broke his leg going down a slide head first. The critics contend that the primary beneficiaries of litigation are attorneys themselves, and that the main effect of excessive litigiousness is reduced business innovation. The tort reform movement that they champion-dedicated to limiting the reach of lawsuits and in some cases eliminating certain types of suits altogether-has become a powerful force in America politics and law. The tort reform movement has had some real successes in limiting what can reach the courts, but there have been victims too. As Alexandra Lahav shows, it has become increasingly difficult for ordinary people to enforce their rights. In the grand scale of lawsuits, actually crazy or bogus lawsuits constitute a tiny minority ; in fact, most anecdotes turn out to be misrepresentations of what actually happened. In Praise of Litigation, Lahav argues that critics are blinded to the many benefits of lawsuits. The majority of lawsuits promote equality before the law, transparency, and accountability. Our ability to go to court is a sign of our strength as a society and enables us to both participate in and reinforce the rule of law. In addition, joining lawsuits gives citizens direct access to governmental officials-judges-who can hear their arguments about issues central to our democracy, including the proper extent of police power and the ability of all people to vote. It is at least arguable that lawsuits have helped spur major social changes in arenas like race relations and marriage rights, as well as made products safer and forced wrongdoers to answer for their conduct. In this defense, Lahav does not ignore the obvious drawbacks to litigiousness. It is expensive, stressful, and time consuming. Certainly, sensible reforms could make the system better. However, many of the proposals that have been adopted and are currently on the table seek only to solve problems that do not exist or to make it harder for citizens to defend their rights and to enforce the law. This is not the answer. In Praise of Litigation offers a level-headed and law-based assessment of the state of litigation in America as well as a number of practical steps that can be taken to ensure citizens have the right to defend themselves against wrongs while not odiously infringing on the rights of others. "--
  • Does litigation provide any social benefits at all? Certainly, it is expensive, stressful and time consuming, but Alexandra Lahav contends that the critics have blinded us to its many benefits. In Praise of Litigation explains what society gains from litigation and why it is ultimately a social good. Our ability to go to court is a sign of our strength as a society and enables us to both participate in and reinforce the rule of law. Joining lawsuits also gives citizens direct access to governmental officials - judges - who can hear their arguments about issues central to our democracy, such as the extent of police power and the ability of all people to vote. Litigation also promotes equality before the law, transparency, and accountability. And it is at least arguable that lawsuits have helped spur major social changes in arenas like race relations and marriage rights, as well as made products safer and forced wrongdoers to answer for their conduct. In her defense of the system, Lahav does not ignore the many costs that litigation imposes, and proposes a number of sensible reforms that improve the value of litigation. Many of the proposals that have been adopted and are currently on the table are spurious because they solve problems that do not exist or just make it harder for citizens to defend their rights and to enforce the law --
Assigning source
  • Provided by publisher
  • Provided by publisher
Cataloging source
DLC
http://library.link/vocab/creatorName
Lahav, Alexandra D
Index
index present
LC call number
KF8840
LC item number
.L255 2017
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • Civil procedure
  • Actions and defenses
  • Justice, Administration of
  • Due process of law
  • Actions and defenses
  • Civil procedure
  • United States
Label
In praise of litigation, Alexandra Lahav
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 151-200) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • Introduction : A force for democracy
  • Enforcing the law
  • The
  • Power of information
  • Participation in self-government
  • Equality before the law
  • Epilogue
Control code
956435296
Dimensions
25 cm
Extent
xiv, 214 pages
Isbn
9780199380800
Lccn
2016036605
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)956435296
Label
In praise of litigation, Alexandra Lahav
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 151-200) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • Introduction : A force for democracy
  • Enforcing the law
  • The
  • Power of information
  • Participation in self-government
  • Equality before the law
  • Epilogue
Control code
956435296
Dimensions
25 cm
Extent
xiv, 214 pages
Isbn
9780199380800
Lccn
2016036605
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)956435296

Library Locations

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      32.771471 -117.187496
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