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In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys' fees of the prevailing party. The major common law exception authorises federal courts (not agencies) to order a losing party that acts in bad faith to pay the prevailing party's fees. There are also roughly two hundred statutory exceptions, which were generally enacted to encourage private litigation to implement public policy. Awards of attorneys' fees are often designed to help to equalise contests between private individual plaintiffs and corporate or governmental defendants. Thus, attorneys' fees provisions are most often found in civil rights, environmental protection, and consumer protection statutes. In addition, the Equal Access to Justice Act (EAJA) makes the United States liable for attorneys' fees of up to $125 per hour in many court cases and administrative proceedings that it loses (and some that it wins) and fails to prove that its position was substantially justified. EAJA does not apply in tax cases, but a similar statute, 26 U.S.C. § 7430, does. Most Supreme Court decisions involving attorneys' fees have interpreted civil rights statutes, and this book focuses on these statutes. It also discusses awards of costs other than attorneys' fees in federal courts, how courts compute the amount of attorneys' fees to be awarded, statutory limitations on attorneys' fees, and other subjects. In addition, it sets forth the language of all federal attorneys' fees provisions, and includes a bibliography of congressional committee reports and hearings concerning attorneys' fees. In 1997, Congress enacted a statute allowing awards of attorneys' fees to some prevailing criminal defendants.
"Provides a cross-country comparison of smallholder agricultural cooperatives in Paraguay, Brazil and Colombia, revealing immense opportunities and challenges for community development, empowerment, and social change"--Provided by publisher.
Libel and Privacy by Brace W. Sanford, one of the nation's leading First Amendment lawyers, provides media counsel with up-to-date information on handling libel cases and related issues. The handbook explains how the U.S. Supreme Court is now approaching constitutioual libel law and setting the boundaries for invasion of privacy suits. Comprehensive coverage of all key topics includes: Establishing effective techniques to avoid litigation by following the four-step review process -- In-depth treatment of public person -- Valuable settlement and pretrial tactics -- Winning trial tactics and cost minimization techniques -- Analysis of recent cases and new developments including those in the emerging cyber-like area -- Discussion of the landmark case Moldea v. New York Times Co. -- which the author argued and won -- An illustration of the legal and factual criteria gaverning the measurement of damages in libel actions -- And more.
In The World's Newest Profession Christopher McKenna offers a history of management consulting in the twentieth century. Although management consulting may not yet be a recognized profession, the leading consulting firms have been advising and reshaping the largest organizations in the world since the 1920s. This groundbreaking study details how the elite consulting firms, including McKinsey & Company and Booz Allen & Hamilton, expanded after US regulatory changes during the 1930s, how they changed giant corporations, nonprofits, and the state during the 1950s, and why consultants became so influential in the global economy after 1960. As they grew in number, consultants would introduce organizations to 'corporate culture' and 'decentralization' but they faced vilification for their role in the Enron crisis and for legitimating corporate blunders. Through detailed case studies based on unprecedented access to internal files and personal interviews, The World's Newest Profession explores how management consultants came to be so influential within our culture and explains exactly what consultants really do in the global economy.