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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.



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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


LINKS

POLICE (Law Enforcement)