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Entrepreneurial Litigation

Entrepreneurial Litigation Author John C. Coffee
ISBN-10 9780674736795
Release 2015
Pages 307
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In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.



Entrepreneurial Litigation

Entrepreneurial Litigation Author John C. Coffee
ISBN-10 9780674736795
Release 2015
Pages 307
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In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.



Litigation Costs Funding and Behaviour

Litigation  Costs  Funding and Behaviour Author Willem H. van Boom
ISBN-10 9781317104230
Release 2016-12-08
Pages 246
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This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation and professional ethics. The contributors include renowned scholars, experts in their respective fields and well-versed individuals in both civil procedure and the practice of litigation, arbitration and finance. Together, they present a broad approach to the issues of costs, cost-shifting rules and third-party funding. This volume adds to the existent literature in combining topics in law and practice and presents an analysis of the most recent developments in this fast developing area.



In Praise of Litigation

In Praise of Litigation Author Alexandra Lahav
ISBN-10 9780199380800
Release 2017-02-01
Pages 232
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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 drycleaner 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 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.



Investing in Justice

Investing in Justice Author Max Volsky
ISBN-10 0988510502
Release 2013-04
Pages 268
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Alternative assets have become popular in recent years, mainly because they offer superior returns and are uncorrelated to traditional markets. Legal finance also called lawsuit funding, lawsuit loans, pre-settlement funding, tort advances, plaintiff advances, litigation finance, litigation financing, litigation funding or dispute finance refers to investments in lawsuits. Written by a renowned expert, this book is essential reading for investors, consumers, lawyers, policymakers, business executives, and anyone who can benefit from having a clear and comprehensive framework for understanding this industry and its capacity to create more balanced and provident legal systems around the world. Join us as we explore this new market and examine the industry s most poignant issues.



Rights and Retrenchment

Rights and Retrenchment Author Stephen B. Burbank
ISBN-10 9781108184090
Release 2017-04-18
Pages
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This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.



Federal Securities Laws

Federal Securities Laws Author John C. Coffee, Jr.
ISBN-10 1599416840
Release 2009-06-01
Pages 2267
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This volume serves as a federal securities laws supplement, providing selected statutes, rules, and forms. It is the most complete supplement available and is regularly updated and revised. Contents include the Securities Act of 1933, Security Exchange Act of 1934, Investment Company Act of 1940, Investment Advisers Act of 1940, SEC Rules of Practice, and related federal laws. The 2008 Edition follows the format of earlier years and contains updates through March 1, 2009.



Civil Justice Reconsidered

Civil Justice Reconsidered Author Steven P. Croley
ISBN-10 9781479855001
Release 2017-08-22
Pages 304
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"In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system's failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself"--Publisher's web site, viewed February 10, 2017.



The Rise and Fall of Anglo America

The Rise and Fall of Anglo America Author Eric P. KAUFMANN
ISBN-10 0674013034
Release 2004
Pages 374
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As the 2000 census resoundingly demonstrated, the Anglo-Protestant ethnic core of the United States has all but dissolved. This demographic shift has spawned a "culture war" within white America. While liberals seek to diversify society toward a cosmopolitan endpoint, some conservatives strive to maintain an American ethno-national identity. Kaufmann traces the roots of this culture war from the rise of WASP America to its fall in the 1960s, when social institutions finally began to reflect the nation's ethnic composition.



How David Beats Goliath

How David Beats Goliath Author Michael J. Swanson
ISBN-10 1599322501
Release 2011-08
Pages 142
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How David Beats Goliath: Access to Capital for Contingent-Fee Law Firms addresses a little-known but critical flaw in America's system of justice. Average citizens and workers who have been injured or wronged through negligence or malfeasance are guaranteed their day in court. In practice, however, this bedrock legal right is compromised. The problem is a paucity of fair and reasonable funding for expenses incurred in the bringing of personal-injury and other lawsuits. Writing for trial attorneys who represent middle-class or even indigent clients, author and finance expert Michael J. Swanson outlines this complex problem in a clear and lucid book that every dedicated trial lawyer should own. “By temperament, training and the long traditions of their profession, contingent-fee lawyers often fail to maximize the business needs of their practices,” says Swanson, “They especially fail to understand and control the cost of their capital structure.”



Third Party Litigation Funding

Third Party Litigation Funding Author Nicholas Rowles-Davies
ISBN-10 0198715927
Release 2014-09-11
Pages 293
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"This book deals with one important aspect of the 2013 civil justice reforms, namely means of funding civil litigation. The book concentrates in particular on third party funders, who are also referred to as litigation funders. The book recounts the history of third party funding both before and after the 2013 reforms. It looks at the position in several overseas jurisdictions. There is also discussion of other means of funding litigations, such as conditional fee agreements (CFAs) and damages based agreements (DBAs). The author rightly draws attention to problems with the present DBA regulations."--Foreword.



The Cigarette Century

The Cigarette Century Author Allan Brandt
ISBN-10 9780786721900
Release 2009-01-06
Pages 640
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From agriculture to big business, from medicine to politics, The Cigarette Century is the definitive account of how smoking came to be so deeply implicated in our culture, science, policy, and law. No product has been so heavily promoted or has become so deeply entrenched in American consciousness. The Cigarette Century shows in striking detail how one ephemeral (and largely useless) product came to play such a dominant role in so many aspects of our lives—and deaths.



The Rise and Fall of American Growth

The Rise and Fall of American Growth Author Robert J. Gordon
ISBN-10 9781400888955
Release 2017-09-05
Pages 784
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In the century after the Civil War, an economic revolution improved the American standard of living in ways previously unimaginable. Electric lighting, indoor plumbing, motor vehicles, air travel, and television transformed households and workplaces. But has that era of unprecedented growth come to an end? Weaving together a vivid narrative, historical anecdotes, and economic analysis, The Rise and Fall of American Growth challenges the view that economic growth will continue unabated, and demonstrates that the life-altering scale of innovations between 1870 and 1970 cannot be repeated. Robert Gordon contends that the nation's productivity growth will be further held back by the headwinds of rising inequality, stagnating education, an aging population, and the rising debt of college students and the federal government, and that we must find new solutions. A critical voice in the most pressing debates of our time, The Rise and Fall of American Growth is at once a tribute to a century of radical change and a harbinger of tougher times to come.



Delivering Collective Redress

Delivering Collective Redress Author Christopher Hodges
ISBN-10 9781509918560
Release 2018-05-03
Pages 368
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This book charts the transformative shifts in techniques that seek to deliver collective redress, especially for mass consumer claims in Europe. It shows how traditional approaches of class litigation (old technology) have been eclipsed by the new technology of regulatory redress techniques and consumer ombudsmen. It describes a series of these techniques, each illustrated by leading examples taken from a 2016 pan-EU research project. It then undertakes a comparative evaluation of each technique against key criteria, such as effective outcomes, speed, and cost. The book reveals major transformations in European legal systems, shows the overriding need to view legal systems from fresh viewpoints, and to devise a new integrated model.



The Future and Its Enemies

The Future and Its Enemies Author Virginia Postrel
ISBN-10 1439135320
Release 2011-05-10
Pages 288
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Today we have greater wealth, health, opportunity, and choice than at any time in history. Yet a chorus of intellectuals and politicians laments our current condition -- as slaves to technology, coarsened by popular culture, and insecure in the face of economic change. The future, they tell us, is dangerously out of control, and unless we precisely govern the forces of change, we risk disaster. In The Future and Its Enemies, Virginia Postrel explodes the myths behind these claims. Using examples that range from medicine to fashion, she explores how progress truly occurs and demonstrates that human betterment depends not on conformity to one central vision but on creativity and decentralized, open-ended trial and error. She argues that these two opposing world-views -- "stasis" vs. "dynamism" -- are replacing "left" and "right" to define our cultural and political debate as we enter the next century. In this bold exploration of how civilizations learn, Postrel heralds a fundamental shift in the way we view politics, culture, technology, and society as we face an unknown -- and invigorating -- future.



Bad Blood

Bad Blood Author John Carreyrou
ISBN-10 9781524731663
Release 2018-05-21
Pages 352
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A National Besteller "Chilling…Reads like a West Coast version of All the President’s Men." —The New York Times Book Review The full inside story of the breathtaking rise and shocking collapse of Theranos, the multibillion-dollar biotech startup, by the prize-winning journalist who first broke the story and pursued it to the end, despite pressure from its charismatic CEO and threats by her lawyers. In 2014, Theranos founder and CEO Elizabeth Holmes was widely seen as the female Steve Jobs: a brilliant Stanford dropout whose startup "unicorn" promised to revolutionize the medical industry with a machine that would make blood testing significantly faster and easier. Backed by investors such as Larry Ellison and Tim Draper, Theranos sold shares in a fundraising round that valued the company at more than $9 billion, putting Holmes's worth at an estimated $4.7 billion. There was just one problem: The technology didn't work. A riveting story of the biggest corporate fraud since Enron, a tale of ambition and hubris set amid the bold promises of Silicon Valley.



The Class Action in Common Law Legal Systems

The Class Action in Common Law Legal Systems Author Rachael Mulheron
ISBN-10 9781847310965
Release 2004-11-15
Pages 616
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Multi-party litigation is a world-wide legal process, and the class action device is one of its best-known manifestations. As a means of providing access to justice and achieving judicial economies, the class action is gaining increasing endorsement - particularly given the prevalence of mass consumerism of goods and services, and the extent to which the activities and decisions of corporations and government bodies can affect large numbers of people. The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. While the United States model is the most longstanding, there have now been sufficient judicial determinations under each of the studied jurisdictions to provide a constructive basis for comparison. In the context of the drafting and application of a workable class action framework, it is apparent that similar problems have been confronted across these jurisdictions, which in turn promotes a search for assistance in the experience and legal analysis of others. The book is presented in three Parts. The first Part deals with the class action concept and its alternatives, and also discusses and critiques the stance of England where the introduction of the opt-out class action model has been opposed. The second Part focuses upon the various criteria and factors governing commencement of a class action (encompassing matters such as commonality, superiority, suitability, and the class representative). Part 3 examines matters pertaining to conduct of the action itself (such as becoming a class member, notice requirements, settlement, judgments, and costs and fees). The book is written to have practical utility for a wide range of legal practitioners and professionals, such as: academics and students of comparative civil procedure and multi-party litigation; litigation lawyers who may use the reference materials cited to the benefit of their own class action clients; and those charged with law reform who look to adopt the most workable (and avoid the unworkable) features in class action models elsewhere.