The Lawyer-Judge Bias in the American Legal System

The Lawyer-Judge Bias in the American Legal System
Title The Lawyer-Judge Bias in the American Legal System PDF eBook
Author Benjamin H. Barton
Publisher Cambridge University Press
Pages 313
Release 2010-12-31
Genre Law
ISBN 1139495585

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Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.

The Vanishing American Lawyer

The Vanishing American Lawyer
Title The Vanishing American Lawyer PDF eBook
Author Thomas D. Morgan
Publisher
Pages 260
Release 2010
Genre Law
ISBN 0199737738

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Over 4,000 lawyers lost their positions at major American law firms in 2008 and 2009. In The Vanishing American Lawyer, Professor Thomas Morgan discusses the legal profession and the need for both law students and lawyers to adapt to the needs and expectations of clients in the future. The world needs people who understand institutions that create laws and how to access those institutions' works, but lawyers are no longer part of a profession that is uniquely qualified to advise on a broad range of distinctly legal questions. Clients will need advisors who are more specialized than many lawyers are today and who have more expertise in non-legal issues. Many of today's lawyers do not have a special ability to provide such services. While American lawyers have been hesitant to change the ways they can improve upon meeting client needs, lawyers in other countries, notably Great Britain and Australia, have been better at adapting. Law schools must also recognize the world their students will face and prepare them to operate successfully within it. Professor Morgan warns that lawyers must adapt to new client needs and expectations. The term "professional" should be applied to individuals who deserve praise for skilled and selfless efforts, but this term may lead to occupational suicide if it becomes a justification for not seeing and adapting to the world ahead.

The Hidden History of International Law in the Americas

The Hidden History of International Law in the Americas
Title The Hidden History of International Law in the Americas PDF eBook
Author Juan Pablo Scarfi
Publisher Oxford University Press
Pages 281
Release 2017
Genre Law
ISBN 0190622342

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This book offers the first exploration of the deployment of international law for the legitimization of U.S. ascendancy as an informal empire in Latin America. This book explores the intellectual history of a distinctive idea of American international law in the Americas, focusing principally on the evolution of the American Institute of International Law (AIIL).

American Law Firms

American Law Firms
Title American Law Firms PDF eBook
Author Randall Kiser
Publisher
Pages
Release 2019
Genre Law firms
ISBN 9781641053853

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Counsel for the Situation

Counsel for the Situation
Title Counsel for the Situation PDF eBook
Author William Thaddeus Coleman
Publisher Brookings Institution Press
Pages 500
Release 2010
Genre Biography & Autobiography
ISBN 0815704887

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An African-American lawyer who broke several barriers during his career details his influential life--including his work on the Warren Commission, his contribution to the Brown v. Board of Education case, his tenure as secretary of transportation under President Gerald Ford and more--in a book with an introduction by a U.S. Supreme Court justice.

Law in America

Law in America
Title Law in America PDF eBook
Author Lawrence M. Friedman
Publisher Modern Library
Pages 226
Release 2004-10-12
Genre History
ISBN 0812972856

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Throughout America’s history, our laws have been a reflection of who we are, of what we value, of who has control. They embody our society’s genetic code. In the masterful hands of the subject’s greatest living historian, the story of the evolution of our laws serves to lay bare the deciding struggles over power and justice that have shaped this country from its birth pangs to the present. Law in America is a supreme example of the historian’s art, its brevity a testament to the great elegance and wit of its composition.

Lawyer Barons

Lawyer Barons
Title Lawyer Barons PDF eBook
Author Lester Brickman
Publisher Cambridge University Press
Pages 585
Release 2011-01-31
Genre Law
ISBN 1139497189

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This book is a broad and deep inquiry into how contingency fees distort our civil justice system, influence our political system and endanger democratic governance. Contingency fees are the way personal injury lawyers finance access to the courts for those wrongfully injured. Although the public senses that lawyers manipulate the justice system to serve their own ends, few are aware of the high costs that come with contingency fees. This book sets out to change that, providing a window into the seamy underworld of contingency fees that the bar and the courts not only tolerate but even protect and nurture. Contrary to a broad academic consensus, the book argues that the financial incentives for lawyers to litigate are so inordinately high that they perversely impact our civil justice system and impose other unconscionable costs. It thus presents the intellectual architecture that underpins all tort reform efforts.