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University of Chicago Press
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Mass Torts in a World of
Settlement
Edition: HB
Author: Richard Nagareda,
ISBN: 978-0-226-56760-0
(ISBN-10: 0-226-56760-5)
Publishers: University of
Chicago Press
Price: $49 PB
Publication Date: Spring
2007
Publisher’s Title
Information
The
traditional definition of torts involves bizarre, idiosyncratic events where a
single plaintiff with a physical impairment sues the specific defendant he
believes to have wrongfully caused that malady. Yet public attention has
focused increasingly on mass personal-injury lawsuits over asbestos,
cigarettes, guns, the diet drug fen-phen, breast implants, and, most recently,
Vioxx. Richard A Nagareda’s Mass Torts
in a World of Settlement is the first attempt to analyse the lawyer’s
role in this world of high-stakes, multibillion-dollar litigation.
These mass settlements, Nagareda argues, have transformed the legal system so
acutely that rival teams of lawyers operate as sophisticated governing powers
rather than litigators. His controversial solution is the replacement of the existing
tort system with a private administrative framework to address both current and
future claims. This book is a must-read for concerned citizens, policymakers,
lawyers, investors, and executives grappling with the changing face of mass
torts.
Table
Of Contents
Introduction
Part I The Mass Tort
Problem
Chapter 1 Origins
Chapter 2 The Development of a Mass
Tort
Chapter 3 Regulating Development
Indirectly
Part II From Litigation to
Administration
Chapter 4 Making and Enforcing a Grid
Chapter 5 The Rise and Fall of the Mass Tort Class
Settlement
Part III The Search for Peace
Chapter 6 Public Legislation and Private
Contracts
Chapter 7 Mandatory Class Actions Revisited
Chapter 8 Maximizing or Minimizing Opt-Outs
Chapter 9 Bankruptcy
Transformed
Chapter 10 Government as Plaintiff
Part IV Peacemaking as Governance
Chapter 11 Leveraging Conflicts of Interest
Chapter 12 Administering the Leveraging Proposal
Conclusion
Acknowledgments
Notes
Index
Reviews to Date
"Richard
Nagareda masterfully brings the World of tort law into the modern era. He
introduces us to this complicated World of complex litigation and its
inhabitants, from the entrepreneurial lawyers to the insurers, actuaries and
epidemiologists, and to the lag between the real world of tort law and formal
legal doctrine. An indispensable read for anyone interested in the real world
of how injured individuals are compensated in mass American society."
Samuel Issacharoff, Reiss
Professor of Constitutional Law, New York University School of' Law
"If
there is any justice, Nagareda's new book will transform the long-running
debate about how to think about and reform mass torts. He provides a deeply
informed, clear-eyed analysis of the underlying litigation and settlement
dynamics and the very serious problem that they create: a divergence between
the goal of justice for present and future victims and their lawyers'
incentive. Most important, he offers an ingenious and attractive public law
solution to what he properly sees as a public law problem and shows us how to
achieve it. Mass Torts in a field of Settlement is required reading for scholars in the field."
Peter H
S Chuck, Simeon E. Baldwin Professor
of Law, Yale Law School
"In
this ambitious and insightful book, Nagareda addresses a rich array of topics
in mass tort litigation. He offers a powerful argument that mass torts present
a problem of governance that should be understood less as ordinary tort
litigation and more as an exercise in administrative rulemaking. Nagareda's
command of the material and his ability to pull together diverse stories into a
coherent account of the problem make this a must-read for those who wish to
understand
the complex World of mass tort litigation."
Howard
M Erichson., Professor of Law, Seton Hall Law School
"The
book is a major scholarly contribution that is crisply written. highly
informative, and innovative in both analysis and prescription. It provides
unparalleled coverage of many of the important mass torts, including the
litigation strategies and associated issues of civil procedure, bankruptcy law
and insurance. Both legal academics and practicing attorneys-indeed, anyone
interested in litigation- Will find this book to be compelling." Mark
Geistfield, Crystal Eastman Professor of Law, New York University School of
Law.
Reviewer
Wanted
Would you be interested in
reviewing this book? (The Book Above) If you are interested in providing an academic review in about 600/800 words within 3 months or sooner then please contact me by e-mail at robjerrard@aol.com providing a small CV and your interest in this particular book. I do ask reviewers to agree to review within 3 months and pay the postage, books not reviewed should be returned. I am looking for a positive commitment.
"Internet Law Book Reviews" aims to provide academic reviews of a high standard. For an indication of what is required please see this website. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day welcomes all categories of reviewers.
The Microsoft Case:
Antitrust, High Technology, and Consumer Welfare.
Edition: 1st
Authors: William H. and John
E. Lopatka
ISBN: 978-0-226-64463-9
Publishers: University of
Chicago
Price:
Publication Date: Spring
2007
Publisher’s Title
Information
In
1998, the United States Department of Justice and state antitrust agencies
charged that Microsoft was monopolizing the market for personal computer
operating systems by suppressing a competitive threat from Netscape’s web
browser and Sun Microsystems’ Java technologies. After a celebrated
trial, the government won a partial victory, and federal courts issued a series
of important decisions that inspired scores of follow-on suits by consumers,
rivals, and foreign enforcement agencies.
William H. Page and John E. Lopatka’s The
Microsoft Case examines the implications of this momentous litigation
from the perspective of consumer welfare. Tracing the development of the
case from its conceptual origins through the trial and the key decisions on
both liability and remedies, this book evaluates the defining antitrust
litigation of our era. The authors argue that, at critical points, the
legal system failed consumers by overrating government’s ability to influence
outcomes in a dynamic market. This ambitious book is essential reading for
business, law, and economics scholars as well as anyone else interested in the
ways that technology, economics, and antitrust law have interacted in the
digital age.
Table
Of Contents
Preface
1. Origins
Ideological Sources of Antimonopolization Law
Microsoft’s Predecessors: The
Public Monopolization Case
Microsoft’s Beginnings: A
Post-Chicago Convergence
2. Decisions
Chronology
The Liability Decisions
The Remedial Decisions
The Follow-on Private Litigation
The European Commission Decision
3. Markets
Two Systems of Belief about Operating Systems and Middleware
Network Effects and Related Economic Concepts
Defining Software Markets
4. Practices I: Integration
A Preliminary Skirmish
Integration on Trial
Rethinking and Redefining Integration under Sherman Act Standards
5. Practices II: The Market Division Proposal, Exclusive Contracts, and Java
The Market Division Proposal
The Exclusive Contracts
Java
6. Remedies
The Goals of Antitrust Remedies
Structural
Remedies
Conduct Remedies
Damage Remedies
Aftermath
Notes
Index
Reviewer
Wanted
Would you be interested in
reviewing this book? (The Book Above) If you are interested in providing an academic review in about 600/800 words within 3 months or sooner then please contact me by e-mail at robjerrard@aol.com providing a small CV and your interest in this particular book. I do ask reviewers to agree to review within 3 months and pay the postage, books not reviewed should be returned. I am looking for a positive commitment.
"Internet Law Book Reviews" aims to provide academic reviews of a high standard. For an indication of what is required please see this website. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day welcomes all categories of reviewers.
The Legal Analyst: A Toolkit
for Thinking about the Law
Edition: Paperback
Author: Ward Farnsworth
ISBN: 978-0-226-23835-7
Publishers: The University of Chicago Press
Price: $19.00
Publication Date: Spring 2007
Publisher’s Title
Information
There are two kinds of
knowledge law school teaches: legal rules on the one hand, and tools for
thinking about legal problems on the other. Although the tools are far more
interesting and useful than the rules, they tend to be neglected in favour of
other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings
together in one place all of the most powerful of those tools for thinking
about law.
From classic ideas in game theory such as the "Prisoner’s Dilemma" and the
"Stag Hunt" to psychological principles such as hindsight bias and framing
effects, from ideas in jurisprudence such as the slippery slope to more than
two dozen other such principles, Farnsworth’s guide leads readers through the
fascinating world of legal thought. Each chapter introduces a single tool and
shows how it can be used to solve different types of problems. The explanations
are written in clear, lively language and illustrated with a wide range of
examples.
The Legal Analyst is an indispensable user’s manual for law students, experienced
practitioners seeking a one-stop guide to legal principles, or anyone else with
an interest in the law.
Reviews to Date
Drawing on economics, game
theory, psychology, jurisprudence, and other fields, Ward Farnsworth's The Legal Analyst is a fascinating
guide to tools for thinking about the law. Every idea is taught step-by-step,
explained in clear, lively language, and illustrated with telling examples. The
result is an indispensable book for law students, lawyers, scholars, and anyone
else interested in legal questions.
"This book is a very
accessible introduction to the major ideas of modern legal thinking and a
useful survey of current thinking in the field. It covers an extraordinarily
broad range of topics in a limited space and is very clearly written, studded
with interesting examples and observations."
Daniel
Farber, Sho Sato Professor of Law,
Boalt Hall School of Law, University of California, Berkeley
"This is one of those
rare books that will actually raise the level of analysis at every law school
in the country. A must-read not only for students just beginning law school,
but indeed for anyone who could use a reminder of how diverse and powerful the
legal toolkit really is."
Douglas
Lichtman, Professor of Law, University
of Chicago Law School
"This book is chock
full of the kind of tools that every legal analyst should have in his or her
back pocket. Farnsworth is forging a new pedagogical canon."
Ian
Ayres, William K. Townsend
Professor of Law, Yale Law School, and author of Super Crunchers
The
Author
Ward Farnsworth
is professor of law and the Nancy Barton Scholar at
the Boston University School of Law.
He is co-author of Torts: Cases and
Questions; he also has written a treatise on chess available on the
World Wide Web, a forthcoming book on rhetoric, and many scholarly
articles.
Citizens, Cops, and Power:
Recognizing the Limits of Community.
Edition: 1st
Author: Steve Herbert
ISBN: 0-226-32731-0
Publishers: University of
Chicago Press
Price Paper $16.00
Publication Date: 2006
Publisher’s Title
Information
Politicians, citizens, and
police agencies have long embraced community policing, hoping to reduce crime
and disorder by strengthening the ties between urban residents and the officers
entrusted with their protection.
That strategy seems to make sense, but in Citizens, Cops, and Power, Steve
Herbert reveals the reasons why it rarely, if ever, works. Drawing on data he
collected in diverse Seattle neighbourhoods from interviews with residents,
observation of police officers, and attendance at community-police meetings,
Herbert identifies the many obstacles that make effective collaboration between
city dwellers and the police so unlikely to succeed. At the same time, he shows
that residents’ pragmatic ideas about the role of community differ dramatically
from those held by social theorists.
Surprising and provocative, Citizens, Cops, and Power provides a critical
perspective not only on the future of community policing, but on the nature of
state-society relations as well.
Table Of Contents
Acknowledgments
Introduction
1. The Terrain of Community
2. The Political Status of Community
3. Elusive Legitimacy: Subservient, Separate, or Generative?
4. "Don't Drink the Kool-Aid": On the Resistance to Community
Policing
5. "It Is so Difficult": The Complicated Pathways of Police-Community
Relations
6. The Unbearable Lightness of Community
Notes
Index