Litigation And Inequality
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Litigation And Inequality
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Author : Edward A. Purcell Jr.
language : en
Publisher: Oxford University Press
Release Date : 1992-12-31
Litigation And Inequality written by Edward A. Purcell Jr. and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-12-31 with Law categories.
Through the prism of litigation practice and tactics, Purcell explores the dynamic relationship between legal and social change. He studies changing litigation patterns in suits between individuals and national corporations over tort claims for personal injuries and contract claims for insurance benefits. Purcell refines the "progressive" claim that the federal courts favored business enterprise during this time, identifying specific manners and times in which the federal courts reached decisions both in favor of and against national corporations. He also identifies 1892-1908 as a critical period in the evolution of the twentieth century federal judicial system.
Litigation And Inequality
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Author : Edward A. Purcell
language : en
Publisher:
Release Date : 2023
Litigation And Inequality written by Edward A. Purcell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Actions and defenses categories.
Private Law And Social Inequality In The Industrial Age
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Author : Willibald Steinmetz (historien).)
language : en
Publisher:
Release Date : 2000
Private Law And Social Inequality In The Industrial Age written by Willibald Steinmetz (historien).) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with History categories.
The essays assembled here explore how private law historically helped to maintain, change, or upset inequalities common to all industrialized countries. The book deals with relations between lords and peasants, husbands and wives, masters and servants, landlords and tenants, and producers and consumers.
Rights On Trial
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Author : Ellen Berrey
language : en
Publisher: University of Chicago Press
Release Date : 2017-06-22
Rights On Trial written by Ellen Berrey and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-22 with Law categories.
Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.
The Code Of Capital
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Author : Katharina Pistor
language : en
Publisher: Princeton University Press
Release Date : 2020-11-03
The Code Of Capital written by Katharina Pistor and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-03 with Business & Economics categories.
"Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it."--Provided by publisher.
The Making Of Lawyers Careers
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Author : Robert L. Nelson
language : en
Publisher: University of Chicago Press
Release Date : 2023-10-03
The Making Of Lawyers Careers written by Robert L. Nelson and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-03 with Law categories.
An unprecedented account of social stratification within the US legal profession. How do race, class, gender, and law school status condition the career trajectories of lawyers? And how do professionals then navigate these parameters? The Making of Lawyers’ Careers provides an unprecedented account of the last two decades of the legal profession in the US, offering a data-backed look at the structure of the profession and the inequalities that early-career lawyers face across race, gender, and class distinctions. Starting in 2000, the authors collected over 10,000 survey responses from more than 5,000 lawyers, following these lawyers through the first twenty years of their careers. They also interviewed more than two hundred lawyers and drew insights from their individual stories, contextualizing data with theory and close attention to the features of a market-driven legal profession. Their findings show that lawyers’ careers both reflect and reproduce inequalities within society writ large. They also reveal how individuals exercise agency despite these constraints.
The Process Of International Legal Reproduction
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Author : Rose Parfitt
language : en
Publisher: Cambridge University Press
Release Date : 2019-01-17
The Process Of International Legal Reproduction written by Rose Parfitt and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-17 with History categories.
Radical international legal history of the expansionary project of statehood and its role in generating profound distributional inequalities
Law State And Inequality In Pakistan
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Author : Muhammad Azeem
language : en
Publisher: Springer
Release Date : 2017-07-02
Law State And Inequality In Pakistan written by Muhammad Azeem and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-02 with Law categories.
Through a detailed historical and empirical account of post-independence years, this book offers a new assessment of the role of the judiciary in Pakistani politics. Instead of seeing the judiciary as helpless or struggling against an authoritarian state, it argues that the judiciary has been a crucial link in the creation of state and political inequality in Pakistan. This rubs against the central role given to the judiciary in developing countries to fix the ‘corrupt politicians and stubborn bureaucracies’ in the World Bank’s ‘Good Governance’ paradigm and rule of law initiatives. It also challenges the contemporary legal and judicial discourse that extols the virtues of Public Interest Litigation. While the book’s core analysis is a critique of the contemporary liberal legal project, it also adds to the critical tradition of social theory by linking political economy to a social theory of law. The theoretical aspect of the study is applicable to any developing society whose judiciary is going through foreign-sponsored ‘rule of law’ judicial reforms.
Poverty Law And Legal Activism
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Author : Adam Gearey
language : en
Publisher: Routledge
Release Date : 2018-06-14
Poverty Law And Legal Activism written by Adam Gearey and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-14 with History categories.
Linking critical legal thinking to constitutional scholarship and a practical tradition of US lawyering that is orientated around anti-poverty activism, this book offers an original, revisionist account of contemporary jurisprudence, legal theory and legal activism. The book argues that we need to think in terms of a much broader inheritance for critical legal thinking that derives from the social ethics of the progressive era, new left understandings of "creative democracy" and radical theology. To this end, it puts jurisprudence and legal theory in touch with recent scholarship on the American left and, indeed, with attempts to recover the legacies of progressive era thinking, the civil rights struggle and the Great Society. Focusing on the theory and practice of poverty law in the period stretching from the mid-1960s to the present day, the book argues that at the heart of both critical and liberal thinking is an understanding of the lawyer as an ethical actor: inspired by faith or politics to appreciate the potential and limits of law in the struggle against economic inequality.
Faces Of Inequality
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Author : Sophia Moreau
language : en
Publisher: Oxford University Press, USA
Release Date : 2020
Faces Of Inequality written by Sophia Moreau and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
This book defends an original and pluralist theory of when and why discrimination wrongs people. Starting from actual legal cases in which claimants have alleged wrongful discrimination by other people or by the state, Sophia Moreau argues that we can best understand these people's complaints by thinking of them as complaints about different ways in which they have not been treated as equals in their societies--in particular, through unfair subordination, through the violation of their right to a particular deliberative freedom, or through the denial to them of access to a basic good, that is, a good that this person must have access to if they are to be, and to be seen as, an equal in their society. The book devotes a chapter to each of these wrongs, exploring in detail what unfair subordination consists of; what deliberative freedoms are, and when each of us has a right to them; and what it means to deny someone access to a basic good. The author explains why these wrongs are each distinctive, but are each a different way of failing to treat some people as the equals of others. Finally the author argues that both the state and we as individuals have a duty to treat others as equals, in these three specific senses.