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xiv, 214 pages ; 25 cm
  • Introduction: A force for democracy
  • Enforcing the law
  • The power of information
  • Participation in self-government
  • Equality before the law
  • Epilogue.
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 -- Provided by publisher.
Law Library (Crown)
xxxvii, 1325 pages : illustration ; 26 cm.
  • An introduction to civil procedure
  • Remedies and stakes
  • Thinking like a trial lawyer, pleadings, and joinder
  • Discovery
  • The right to jury trial and judicial control of results
  • Questioning and taming the current system
  • The choice of an appropriate court : personal jurisdiction, notice, and venue
  • The choice of an appropriate court : subject matter jurisdiction and removal
  • Choice of federal or state law--the Erie doctrine
  • Finality and preclusion
  • Class actions : it all come
  • Case files.
Law Library (Crown)

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