Distorting the Law

Author: William Haltom
Publisher: University of Chicago Press
ISBN: 0226314693
Release Date: 2009-11-15
Genre: Political Science

In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.

State Measures Distorting Free Competition in the EC

Author: Carl Michael Quitzow
Publisher: Kluwer Law International B.V.
ISBN: 9789041114662
Release Date: 2001-08-15
Genre: Law

This study deals with issues of particular importance in the EMU perspective. State measures may occur in the sense that they exclude market access for opt-out state economic operators and preventing them from competing with domestic economic operators, i.e. restrictions on free movement. After the removal of such barriers there might still be state measures that may negatively affect competition within the common market. Such distortions of competition may occur due to differences between national legislation or other forms of state intervention on the market. They affect the prerequisites for the carrying out of economic activities, and may often result in the fact that out-of-state economic operators have to work in a market where a domestic competitor has notable advantages due to support by authorities, legislation or economic support. This may threaten the efficiency and proper functioning of the EMU. The remaining question is how such distortions can be dealt with. Which distortions are to be regarded as serious threats against the market integration and must be removed? Which priorities have to be made? The study aims at giving possible solutions to the above-mentioned issues, thus contributing to a field which as yet has only been examined by legal scholars to a minor extent.

Democracy Distorted

Author: Jacob Rowbottom
Publisher: Cambridge University Press
ISBN: 9781139489447
Release Date: 2010-05-06
Genre: Law

High-profile controversies surrounding the funding of political parties have shown how inequalities in wealth can enter the political process. The growth of the professional lobbying of MPs and the executive raises similar questions about money in politics. More broadly, inequalities emerge in terms of the opportunities the public have to participate in political debate. This analysis of the ways wealth can be used to influence politics in Britain explores the threat posed to the principle of political equality. As well as examining lobbying and party funding, the discussion also focuses on the ownership and control of the media, the chance to be heard on the internet and the impact of the privatisation of public spaces on rights to assemble and protest. Looking at this range of political activities, the author proposes various strategies designed to protect the integrity of British democracy and stop inequalities in wealth becoming inequalities in politics.

Power Die 48 Gesetze der Macht

Author: Robert Greene
Publisher: Carl Hanser Verlag GmbH Co KG
ISBN: 9783446435537
Release Date: 2013-01-28
Genre: Political Science

Mit über 200.000 verkauften Exemplaren dominierte „Power – Die 48 Gesetze der Macht“ von Robert Greene monatelang die Bestsellerlisten. Nun erscheint der Klassiker als Kompaktausgabe: knapp, prägnant, unterhaltsam. Wer Macht haben will, darf sich nicht zu lange mit moralischen Skrupeln aufhalten. Wer glaubt, dass ihn die Mechanismen der Macht nicht interessieren müssten, kann morgen ihr Opfer sein. Wer behauptet, dass Macht auch auf sanftem Weg erreichbar ist, verkennt die Wirklichkeit. Dieses Buch ist der Machiavelli des 21. Jahrhunderts, aber auch eine historische und literarische Fundgrube voller Überraschungen.

Law Institution and Legal Politics

Author: Ota Weinberger
Publisher: Springer Science & Business Media
ISBN: 9789401134583
Release Date: 2012-12-06
Genre: Philosophy

It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.

Contract Law

Author: Brian H. Bix
Publisher: Cambridge University Press
ISBN: 9781139576635
Release Date: 2012-10-15
Genre: Law

To gain a deep understanding of contract law, one needs to master not only the rules and principles of the field, but also its underlying theory and justification, and its long and intricate history. This book offers an accessible introduction to all aspects of American contract law, useful to both first-year law students and advanced contract scholars. The book is grounded on up-to-date scholarship and contains detailed references to cases, statutes, Restatements and international legal principles. The book takes the reader from contract formation through interpretation and remedies, considering both the practical and theoretical aspects throughout. Each chapter also includes helpful lists of suggested further reading.

Regional Maintenance of Peace and Security under International Law

Author: Dace Winther
Publisher: Routledge
ISBN: 9781135120559
Release Date: 2013-10-30
Genre: Law

This book explores the scope and limits of what is appropriate for regional action in the maintenance of peace and security. It offers a comparative study of legal regulation of the use of force in the maintenance of peace and security of different security regions in the context of the UN system and general international law. The book examines the post-Cold War legal documents and practice of the regional organizations of six security regions of the world (Africa, Asia, the Americas, the Middle East, the Russian sphere of influence and the Euro-Atlantic region), and in doing so offers a unique international and comparative perspective towards regional characteristics that may influence the possibility for coherent action in a UN context. Dace Winther explores the controversial topics of regional humanitarian intervention and robust regional peacekeeping without a UN mandate, what is regarded as appropriate for regional action in different security regions of the world, and if the approaches of the regions differ, what factors could have an influence. The book is highly relevant in a global climate where regional mechanisms take an ever more active part in the maintenance of international peace and security, including the use of force. The book will be of great interest to students and academics of International Law, International Relations and Security Studies.

Saving the Constitution from Lawyers

Author: Robert J. Spitzer
Publisher: Cambridge University Press
ISBN: 9781139471268
Release Date: 2008-04-07
Genre: Law

This book is a sweeping indictment of the legal profession in the realm of constitutional interpretation. The adversarial, advocacy-based American legal system is well suited to American justice, in which one-sided arguments collide to produce a just outcome. But when applied to constitutional theorizing, the result is selective analysis, overheated rhetoric, distorted facts, and overstated conclusions. Such wayward theorizing finds its way into print in the nation's over 600 law journals – professional publications run by law students, not faculty or other professionals – and peer review is almost never used to evaluate worthiness. The consequences of this system are examined through three timely cases: the presidential veto, the 'unitary theory' of the president's commander-in-chief power, and the Second Amendment's 'right to bear arms'. In each case, law reviews were the breeding ground for defective theories that won false legitimacy and political currency. This book concludes with recommendations for reform.

The Insecure American

Author: Hugh Gusterson
Publisher: Univ of California Press
ISBN: 9780520945081
Release Date: 2009-11-24
Genre: Social Science

Americans are feeling insecure. They are retreating to gated communities in record numbers, fearing for their jobs and their 401(k)s, nervous about their health insurance and their debt levels, worrying about terrorist attacks and immigrants. In this innovative volume, editors Hugh Gusterson and Catherine Besteman gather essays from nineteen leading ethnographers to create a unique portrait of an anxious country and to furnish valuable insights into the nation's possible future. With an incisive foreword by Barbara Ehrenreich, the contributors draw on their deep knowledge of different facets of American life to map the impact of the new economy, the "war on terror," the "war on drugs," racial resentments, a fraying safety net, undocumented immigration, a health care system in crisis, and much more. In laying out a range of views on the forces that unsettle us, The Insecure American demonstrates the singular power of an anthropological perspective for grasping the impact of corporate profit on democratic life, charting the links between policy and vulnerability, and envisioning alternatives to life as an insecure American.

Genocide Torture and Terrorism

Author: Thomas W. Simon
Publisher: Springer
ISBN: 9781137415110
Release Date: 2016-04-29
Genre: Political Science

We are understandably reluctant to "rank" moral atrocities. What is worse, genocide or terrorism? In this book, Thomas W. Simon argues that politicians use this to manipulate our sense of injustice by exaggerating terrorism and minimizing torture. He advocates for an international criminal code that encourages humanitarian intervention.

Developments in Crime and Crime Control Research

Author: Klaus Sessar
Publisher: Springer Science & Business Media
ISBN: 9781461229902
Release Date: 2012-12-06
Genre: Psychology

"One of the central features of modern German criminology in revealing the 'true nature of crime' follows the tradition of enlightment" instead of accommodating the approach of the criminal justice system. This contention is made by the editors of Developments in Crime and Crime Control Research, Drs. Sessar and Kerner, as they continue to bridge the traditional gap between Anglo-American scholars in criminology and their German counterparts. The language barrier has long been another contributing circumstance to the division of philosophy among countries, but recently, substantial attempts are being undertaken to examine more closely the differences among specific criminological schools of thinking. Drs. Sessar and Kerner point out that, although crime has its universality, a clear understanding of the various approaches to the problem of crime will prove of benefit to those in the field in all countries.