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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.
While the right to have one's day in court is a cherished feature of the American democratic system, alarms that the United States is hopelessly litigious and awash in frivolous claims have become so commonplace that they are now a fixture in the popular imagination. According to this view, litigation wastes precious resources, stifles innovation and productivity, and corrodes our social fabric and the national character. Calls for reform have sought, often successfully, to limit people's access to the court system, most often by imposing technical barriers to bringing suit. Alexandra Lahav's In Praise of Litigation provides a much needed corrective to this flawed perspective, reminding us of the irreplaceable role of litigation in a well-functioning democracy and debunking many of the myths that cloud our understanding of this role. For example, the vast majority of lawsuits in the United States are based on contract claims, the median value of lawsuits is on a downward trend, and, on a per capita basis, many fewer lawsuits are filed today than were filed in the 19th century. Exploring cases involving freedom of speech, foodborne illness, defective cars, business competition, and more, the book shows that despite its inevitable limitations, litigation empowers citizens to challenge the most powerful public and private interests and hold them accountable for their actions. Lawsuits change behavior, provide information to consumers and citizens, promote deliberation, and express society's views on equality and its most treasured values. In Praise of Litigation shows how our court system protects our liberties and enables civil society to flourish, and serves as a powerful reminder of why we need to protect people's ability to use it.
(source: Nielsen Book Data)9780199380800 20170327
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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