In Praise of Litigation explains how civil society gains from litigation and why it is ultimately a social good.

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. The tort reform movement has had some real successes in limiting what can reach the courts, but there have been victims too. As Alexandra Lahav shows, it has become increasingly difficult for ordinary people to enforce their rights. In the grand scale of lawsuits, actually crazy or bogus lawsuits constitute a tiny minority; in fact, most anecdotes turn out to be misrepresentations of what actually happened. In In Praise of Litigation, Lahav argues that critics are blinded to the many benefits of lawsuits. The majority of lawsuits promote equality before the law, transparency, and accountability. Our ability to go to court is a sign of our strength as a society and enables us to both participate in and reinforce the rule of law. In addition, joining lawsuits gives citizens direct access to governmental officials-judges-who can hear their arguments about issues central to our democracy, including the proper extent of police power and the ability of all people to vote. It is at least arguable that lawsuits have helped spur major social changes in arenas like race relations and marriage rights, as well as made products safer and forced wrongdoers to answer for their conduct. In this defense, Lahav does not ignore the obvious drawbacks to litigiousness. It is expensive, stressful, and time consuming. Certainly, sensible reforms could make the system better. However, many of the proposals that have been adopted and are currently on the table seek only to solve problems that do not exist or to make it harder for citizens to defend their rights and to enforce the law. This is not the answer. In Praise of Litigation offers a level-headed and law-based assessment of the state of litigation in America as well as a number of practical steps that can be taken to ensure citizens have the right to defend themselves against wrongs while not odiously infringing on the rights of others.

Cost of Capital in Litigation addresses cost of capital issues in litigation and discusses major decisions, highlighting how to avoid errors that have often been made by experts. The book helps the attorney and valuation expert understand the decisions within the context of the theory of cost of capital and includes a chapter on cross-examining experts on cost of capital issues. Throughout, there are citation to relevant material and cross-reference to Cost of Capital: Applications and Examples, Fourth Edition.

"A ... study of the different idea Asians and Westerners have of the self and how this plays out in our differing approaches to art, learning, politics, business, and almost everything else"--

In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.

“For Erin Brockovich fans, a David vs. Goliath tale with a twist” (The New York Times Book Review)—the incredible true story of the lawyer who spent two decades building a case against DuPont for its use of the hazardous chemical PFOA, uncovering the worst case of environmental contamination in history—affecting virtually every person on the planet—and the conspiracy that kept it a secret for sixty years. The story that inspired Dark Waters, the major motion picture from Focus Features starring Mark Ruffalo and Anne Hathaway, directed by Todd Haynes. 1998: Rob Bilott is a young lawyer specializing in helping big corporations stay on the right side of environmental laws and regulations. Then he gets a phone call from a West Virginia farmer named Earl Tennant, who is convinced the creek on his property is being poisoned by runoff from a neighboring DuPont landfill, causing his cattle and the surrounding wildlife to die in hideous ways. Earl hasn’t even been able to get a water sample tested by any state or federal regulatory agency or find a local lawyer willing to take the case. As soon as they hear the name DuPont—the area’s largest employer—they shut him down. Once Rob sees the thick, foamy water that bubbles into the creek, the gruesome effects it seems to have on livestock, and the disturbing frequency of cancer and other health problems in the area, he’s persuaded to fight against the type of corporation his firm routinely represents. After intense legal wrangling, Rob ultimately gains access to hundreds of thousands of pages of DuPont documents, some of them fifty years old, that reveal the company has been holding onto decades of studies proving the harmful effects of a chemical called PFOA, used in making Teflon. PFOA is often called a “forever chemical,” because once in the environment, it does not break down or degrade for millions of years, contaminating the planet forever. The case of one farmer soon spawns a class action suit on behalf of seventy thousand residents—and the shocking realization that virtually every person on the planet has been exposed to PFOA and carries the chemical in his or her blood. What emerges is a riveting legal drama “in the grand tradition of Jonathan Harr’s A Civil Action” (Booklist, starred review) about malice and manipulation, the failings of environmental regulation; and one lawyer’s twenty-year struggle to expose the truth about this previously unknown—and still unregulated—chemical that we all have inside us.

From law school to the law firm, lawyers are taught and encouraged to win, with little regard to the emotional consequences. After years of being obsessed with winning, racking up billable hours, and fishing for clients, many lawyers lose sight of why they initially joined the ranks of the legal profession. This landmark book explains how to reconnect with the spiritual side of law practice. It presents profiles of firms and lawyers who have transformed their practices from heartless and cold professional endeavors into kinder, gentler operations, with more emphasis on the clients'--and their own--emotional and spiritual needs.

Presenting twenty-two years of multidistrict litigation data, this book exposes a systematic lack of checks and balances in our courts.

A philosophical critique of how society encourages us to avoid risk when we should instead accept it. When Anne Dufourmantelle drowned in a heroic attempt to save two children caught in rough seas, obituaries around the world rarely failed to recall that she authored In Praise of Risk, implying that her death confirmed the ancient adage that to philosophize is to learn how to die. Now available in English, this magnificent book indeed offers a trenchant critique of the psychic work that the modern world devotes to avoiding risk. Yet this is not a book on how to die but on how to live. For Dufourmantelle, risk entails an encounter not with an external threat to life but with something hidden in life that conditions our approach to such ordinary risks as disobedience, passion, addiction, leaving family, and solitude. Keeping jargon to a minimum, Dufourmantelle weaves philosophical reflections together with clinical case histories. The everyday fears, traumas, and resistances that therapy addresses brush up against such broader concerns as terrorism, insurance, addiction, artistic creation, and political revolution. Taking up a project than joins the work of many French thinkers, such as Jacques Lacan, Jacques Derrida, Jean-Luc Nancy, Hélène Cixous, Giorgio Agamben, and Catherine Malabou, Dufourmantelle works to dislodge Western philosophy, psychoanalysis, ethics, and politics from the redemptive logic of sacrifice. She discovers the kernel of a future beyond annihilation where one might least expect to find it, hidden in the unconscious. In an era defined by enhanced security measures, border walls, trigger warnings, and endless litigation, Dufourmantelle’s masterwork provides a much-needed celebration of the risks that define what it means to live. Praise for In Praise of Risk “Dufourmantelle’s beautiful book places us on the side of life and love, showing us the power of psychoanalytic reflection on those moments when we are asked to find the courage to risk ourselves on behalf of the other.” —Jamieson Webster, author of Conversion Disorder “Magisterial. Dufourmantelle shows how life is universalized in risk and how recognizing this fact means enlisting in a fraternity among humans.” —Antonio Negri “This very rich book will have enormous appeal for readers interested in the intersection of philosophy, psychology, psychoanalysis, and humanistic inquiry. It productively challenges the assumptions of all these disciplines in novel ways and offers, in the final analysis, a redemptive path through that which matters to us most: living and dying well. Highly recommended.” —Choice

In each of the first three editions of the bestselling Law 101, Jay Feinman gave readers an upbeat and vivid examination of the American legal system. Since the third edition was published in 2010, much has happened: several key Supreme Court cases have been decided, we've seen sensational criminal trials, and the legal system has had to account for the latest developments in Internet law. This fully updated fourth edition of Law 101 accounts for all this and more, as Feinman once again provides a clear introduction to American law. The book covers all the main subjects taught in the first year of law school, and discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, and contracts law. To accomplish this, Feinman brings in the most noteworthy, infamous, and often outrageous examples and cases. We learn about the case involving scalding coffee that cost McDonald's half a million dollars, the murder trial in Victorian London that gave us the legal definition of insanity, and the epochal decision of Marbury vs. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. A key to learning about the law is learning legal vocabulary, and Feinman helps by clarifying terms like "due process" and "equal protection," as well as by drawing distinctions between terms like "murder" and "manslaughter." Above all, though, is that Feinman reveals to readers of all kinds that despite its complexities and quirks, the law is can be understood by everyone. Perfect for students contemplating law school, journalists covering legislature, or even casual fans of "court-television" shows, Law 101 is a clear and accessible introduction to the American legal system. New to this edition: Featured analysis of: -the Obamacare case -Citizens United -the DOMA decision -the Trayvon Martin case As well as recent legal developments pertaining to: -online contracting -mortgages -police investigations -criminal sentencing