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Lawyers at Work
This collection of articles and essays by Herbert Kritzer draws on his extensive research related to lawyers and legal practice conducted over the last 35 years. That research has applied existing theoretical frameworks and developed innovative ways of thinking about how to understand what it is that lawyers do. The chapters reflect the wide range of both qualitative and quantitative research methods he has employed, and draw on his work on the Civil Litigation Research Project, a massive study funded by the U.S. Department of Justice under the Carter administration, and continues through subsequent studies of lawyer-client relationships in Canada, contingency fee legal practice, and insuran...
The Strategic Use of International Law by the United Nations Security Council
The book offers insights on whether international law can shape the politics of the Security Council and conversely, the extent to which the latter contribute to the development of international law. By providing a systematic analysis of the quantity and quality of international legal instruments referred to in the text of resolutions, the book reconstructs patterns of the Security Council’s behavioural regularities and assesses them against the provisions of the United Nations Charter, which establishes its mandate. The analysis is divided into three periods – the origins and Cold War period, post-Cold War period and the twenty-first century – and assesses the resolutions passed in each period by thematic category. The book argues that while international law plays an important role in shaping the politics of the Security Council, the Council’s resolutions do not contribute significantly to the development of international law.
Advanced Introduction to Empirical Legal Research
Herbert Kritzer presents a clear introduction to the history, methods and substance of empirical legal research (ELR). Quantitative methods dominate in empirical legal research, but an important segment of the field draws on qualitative methods, such as semi-structured interviews and observation. In this book both methodologies are explored alongside systematic data analysis. Offering an overview of the broad ELR literature, the institutions of the law, the central actors of the law, and the subjects of the law are each addressed in this highly readable account that will be essential reading for legal researchers.
Lawyer Barons
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.
Routledge Handbook of Judicial Behavior
Interest in social science and empirical analyses of law, courts and specifically the politics of judges has never been higher or more salient. Consequently, there is a strong need for theoretical work on the research that focuses on courts, judges and the judicial process. The Routledge Handbook of Judicial Behavior provides the most up to date examination of scholarship across the entire spectrum of judicial politics and behavior, written by a combination of currently prominent scholars and the emergent next generation of researchers. Unlike almost all other volumes, this Handbook examines judicial behavior from both an American and Comparative perspective. Part 1 provides a broad overview...
Closing Death's Door
Closing Death's Door brings the psychology of decision making together with the law to explore ways to improve patient safety and reduce iatrogenic injury - the cause of as many as 400,000 US deaths every year - in a world where neither the healthcare industry itself nor the legal system has made a serious dent in the problem.
The Vanishing American Lawyer
Over 4,000 lawyers lost their positions at major American law firms in 2008 and 2009. In The Vanishing American Lawyer, Professor Thomas Morgan discusses the legal profession and the need for both law students and lawyers to adapt to the needs and expectations of clients in the future. The world needs people who understand institutions that create laws and how to access those institutions' works, but lawyers are no longer part of a profession that is uniquely qualified to advise on a broad range of distinctly legal questions. Clients will need advisors who are more specialized than many lawyers are today and who have more expertise in non-legal issues. Many of today's lawyers do not have a s...
Comparative Constitutional Theory
The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.
Judicial Selection in the States
How do legal professionalism and politics influence efforts to structure the process of selecting and retaining state judges?
