Distorting The Law
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Author | : William Haltom |
Publisher | : University of Chicago Press |
Total Pages | : 361 |
Release | : 2009-11-15 |
Genre | : Law |
ISBN | : 0226314693 |
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.
Author | : Brian G. Slocum |
Publisher | : University of Chicago Press |
Total Pages | : 268 |
Release | : 2019-03-06 |
Genre | : Law |
ISBN | : 022660182X |
Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.
Author | : Wendy Elizabeth Wagner |
Publisher | : Cambridge University Press |
Total Pages | : 259 |
Release | : 2006-07-24 |
Genre | : Law |
ISBN | : 0521855209 |
This book examines how dominant interest groups manipulate the available science to support their positions.
Author | : R. C. Sproul |
Publisher | : Reformation Trust Publishing |
Total Pages | : 112 |
Release | : 2019 |
Genre | : Religion |
ISBN | : 9781642891232 |
Christians often struggle to understand the role of God's law in their lives. They may distort the law, turning it into a checklist to try to earn God's favor, or they may live as though the law doesn't apply to them. In this booklet, Dr. R.C. Sproul explains the purpose of the moral law and how it applies to Christians today. As he walks through each of the Ten Commandments, we see that the law doesn't merely expose our sin; it also reveals the character of a holy and gracious God and shows us how to live lives that are pleasing to Him. The Crucial Questions booklet series by Dr. R.C. Sproul offers succinct answers to important questions often asked by Christians and thoughtful inquirers.
Author | : Mark V. Tushnet |
Publisher | : Oxford University Press, USA |
Total Pages | : 257 |
Release | : 1997 |
Genre | : Civil rights |
ISBN | : 0195093143 |
Following on Making Civil Rights Law, which covered Thurgood Marshall's career from 1936-1961, this book focuses on Marshall's career on the Supreme Court from 1961-1991, where he was first Afro-American Justice. The first book on Justice Thurgood Marshall's years on the Supreme Court based on a comprehensive review of the Supreme Court papers of Justices Marshall and William J. Brennan, this work describes Marshall's special approach to constitutional law in areas ranging from civil rights and the death penalty to abortion and poverty. It also describes the Supreme Court's operations during Marshall's tenure, the relations among the justices, and the particular roles played by Chief Justice Warren Burger, Justice Brennan, and Justice Antonin Scalia. The book locates the Supreme Court's actions from 1967 to 1991 in a broader historical and political context, explaining how Marshall's liberalism became increasingly isolated on a Court influenced by nation's drift in a more conservative direction.
Author | : Sharyn L Roach Anleu |
Publisher | : SAGE Publications |
Total Pages | : 313 |
Release | : 2009-11-25 |
Genre | : Social Science |
ISBN | : 1412945607 |
This is a timely new edition of Sharyn L Roach Anleu's invaluable introduction to the sociology of law and its role as a social institution and social process. Discussing current theory and key empirical research from a diverse range of perspectives Law and Social Change gives relevant examples, from various cultures and societies, to provide a sociological view which goes beyond more jurisprudential approaches to law and society. The book: * provides coverage of major classic and contemporary social theories of law * is informed by empirical research drawn from several countries/societies * includes up to date and relevant examples This thoroughly updated edition engages with modern scholarship, and recent research, on globalization whilst also looking at related issues such as the internationalization of law and human rights. It explores recent reforms at local and national levels, including issues of migration and refugees, the regulation of 'anti-social' behaviour, and specialist or problem solving courts and also provides a clear, accessible introduction to research methods used in the socio-legal field. Direct and wide-ranging this text will be essential reading for students and researchers on social science and law courses and in particular, those taking sociology, legal theory, criminology and criminal justice studies.
Author | : John R. Vile |
Publisher | : Rowman & Littlefield |
Total Pages | : 679 |
Release | : 2020-09-19 |
Genre | : Religion |
ISBN | : 1538141671 |
While scholars increasingly recognize the importance of religion throughout American history, The Bible in American Law and Politics is the first reference book to focus on the key role that the Bible has played in American public life. In considering revolting from Great Britain, Americans contemplated whether this was consistent with scripture. Americans subsequently sought to apply Biblical passages to such issues as slavery, women’s rights, national alcoholic prohibition, issues of war and peace, and the like. American presidents continue to take their oath on the Bible. Some of America’s greatest speeches, for example, Lincoln’s Second Inaugural and William Jennings Bryan’s Cross of Gold speech, have been grounded on Biblical texts or analogies. Today, Americans continue to cite the Bible for positions as diverse as LGBTQ rights, abortion, immigration, welfare, health care, and other contemporary issues. By providing essays on key speeches, books, documents, legal decisions, and other writings throughout American history that have sought to buttress arguments through citations to Scriptures or to Biblical figures, John Vile provides an indispensable guide for scholars and students in religion, American history, law, and political science to understand how Americans throughout its history have interpreted and applied the Bible to legal and political issues.
Author | : Richard L. Hasen |
Publisher | : Yale University Press |
Total Pages | : 256 |
Release | : 2016-01-12 |
Genre | : Political Science |
ISBN | : 0300216742 |
Campaign financing is one of today’s most divisive political issues. The left asserts that the electoral process is rife with corruption. The right protests that the real aim of campaign limits is to suppress political activity and protect incumbents. Meanwhile, money flows freely on both sides. In Plutocrats United, Richard Hasen argues that both left and right avoid the key issue of the new Citizens United era: balancing political inequality with free speech. The Supreme Court has long held that corruption and its appearance are the only reasons to constitutionally restrict campaign funds. Progressives often agree but have a much broader view of corruption. Hasen argues for a new focus and way forward: if the government is to ensure robust political debate, the Supreme Court should allow limits on money in politics to prevent those with great economic power from distorting the political process.
Author | : Charles Tiefer |
Publisher | : Univ of California Press |
Total Pages | : 456 |
Release | : 2006-02-27 |
Genre | : Biography & Autobiography |
ISBN | : 0520248325 |
Tiefer has constructed a meticulous, rigorous, critical analysis of Bush Administration initiatives that he contends circumvent legal and public scrutiny.
Author | : Ellen Berrey |
Publisher | : University of Chicago Press |
Total Pages | : 366 |
Release | : 2017-06-22 |
Genre | : Business & Economics |
ISBN | : 022646685X |
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.