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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.
Tort reform is a favorite cause for many business leaders and right-leaning politicians, who contend that out-of-control lawsuits throttle growth and inflate costs, particularly in healthcare. Less is said about how such reforms might affect the ability of individuals to recover damages for injuries suffered through another party's negligence. On that count, Texas--where efforts at tort reform have been energetic and successful--provides an opportunity to appraise the outcome for plaintiffs and their lawyers, an opportunity that Stephen Daniels and Joanne Martin take full advantage of in this timely and provocative work. Because much of the action on tort reform takes place on the state level, a look at the experience of Texas, a large and important state with a very active plaintiff's bar, is especially instructive. Plaintiffs' lawyers work on a contingency fee basis, collecting compensation for themselves as a percentage only if they win. Reduce lawyers' ability to use contingency fees as compensation, as tort reform inevitably does, and you reduce their economic incentive to do this work. Daniels and Martin’s study bears this out. Drawing on over 20 years of research, extensive surveys and interviews, the authors explore the impact the tort reform movement in Texas has had on the ability of plaintiffs to obtain judgments--in short on private citizens' meaningful access to the full power of the law. In the course of their analysis, the authors explain the history and economics behind the workings of the plaintiffs’ bar. They explore how lawyers select cases and clients, as well as the referral process that moves cases among lawyers and allows for specialization. They also examine the effects of medical malpractice reforms on plaintiffs' lawyers--reforms that often close the courthouse doors to certain types of people--tort reform's "hidden victims." Plaintiffs' lawyers are the civil justice system's gatekeepers, providing meaningful access to the rights the law provides. Daniels and Martin’s thorough and fair-minded work offers a unique and sobering perspective on how tort reform can curtail this access--and thus, the legal rights of American citizens.
Brian Haara recounts the development of commercial laws that guided the United States from an often reckless laissez-faire mentality, through the growing pains of industrialization, past the overcorrection of Prohibition, and into its final state as a nation of laws.
Cover Flap By 1076, the Conqueror's neighbours, including Philip of France, were worried enough about his vicious greed to openly enter into alliances against him. The unbeatable Conqueror began to lose battles and ground. The psycho opportunists who had rallied to him while he was a winner, were now drawn to towards other opportunities in the warm islands of the Med. For any Danelaw men who had survived a decade of rebellion against the brutal regime of the Conqueror, there was a new strategy. Encourage the Norman psycho's to turn on each other. Encourage a Norman Civil War. Captain Raynar changes from a wolf into a fox. On Saint Lawrence's Day, August 10th, 1103, a Category 5 hurricane devastated southern England. At the time, King Henry was still taming the Norman Earls who did not want him as their king. Vicious slave masters such as Mortain, Earl of Cornwall, were refusing to accept Henry's Charter of Liberties (the predecessor of the Magna Carta), so Captain Raynar sailed his ships to cut Mortain off from fleeing to Normandy. About the Author Skye Smith is my pen name. My ancestors were miners and shepherds near Castleton in the Peaks District of Derbyshire. I have been told by some readers that this series reminds them of Bernard Cornwell’s historical novels, and have always been delighted by the comparison. This is the ninth of my Hoodsman series of books, and you should read the first “Killing Kings” before you read this book. All of the books contain two timelines linked by characters and places. The “current” story is set in the era of King Henry I in the 1100’s, while the longer “flashback” story is set in the era of King William I after 1066. I have self-published twelve “The Hoodsman” historical-adventure novels and one Companion reference book for the series: # - SubTitle William I Timeline Henry I Timeline 1. Killing Kings 1066 killing King Harald of Norway (Battle of Stamford Bridge) 1100 killing King William II of England. Henry claims the throne. 2. Hunting Kings 1066 hunting the Conqueror (Battle of Hastings Road) 1100 hunting Henry I (Coronation Charter) 3. Frisians of the Fens 1067/68 rebellions. Edgar Aetheling flees north with Margaret. 1100 amnesty and peace. Henry recruits English bowmen. 4. Saving Princesses 1068/69 rebellions. Margaret weds Scotland (Battle of Durham) 1100/01 Edith of Scotland weds Henry (Battle of Alton) 5. Blackstone Edge 1069/70 rebellions (The Harrowing of the North) 1101 peace while the economy is saved from the bankers 6. Ely Wakes 1070/71 Frisian rebellion (Battles of Ely and Cassel) 1101 Henry collects allies. Mary of Scotland weds Boulogne. 7. Courtesans and Exiles 1072/74 English lords flee abroad (Battle of Montreuil, Edgar surrenders) 1102 Henry collects allies (the honour of Boulogne) 8. The Revolt of the Earls 1075/76 Earls revolt (Battles of Worchester and Fagaduna) 1102 Earls revolt (Battles of Arundel, Bridgnorth, Shropshire) 9. Forest Law 1076/79 fighting Normans in France (London Burned, Battle of Gerberoi) 1103 fighting Normans in Cornwall (Battle of Tamara Sound) 10. Queens and Widows 1079/81 rebellions (Gateshead, Judith of Lens) 1103 Edith made Regent (Force 5 Hurricane) 11. Popes and Emperors 1081 Normans slaughter English exiles (Battle of Dyrrhachium) 1104 Henry visits Normandy (Duchy run by warlords) 12. The Second Invasion 1082/85 power vacuum, peaceful anarchy (Regent Odo arrested enroute to Rome) 1085/87 Re-invasion and Harrowing of all England (Battle of Mantes, Conqueror dies) 1104/05 Henry invades Normandy twice (Battle of Tinchebray) Other Novels By The Same Author: The Pistoleer – 9 historical adventures set in the English Civil War. Maya’s Aura – 8 new age adventures while tripping around the world. Knut – many historical adventures set in the Viking Era.