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Regulation Through Litigation
Regulation through litigation refers to changes in society (particularly those that affect industries) brought about by litigation, rather than legislation or self-regulation. Some laws have " private attorney general" provisions that permit individuals to file suit in court to vindicate important rights. Many laws for addressing consumer protection, civil rights and employment discrimination provide incentives for the private enforcement of laws by allowing the prevailing party to recover a reasonable attorney's fee. Regulation through litigation may at times overlap with judicial activism. Criticism Critics include members of industry and public-service professions; some argue that as potential defendants, their opposition is based more in self-interest than in policy concerns. Of particular concern is the use of the attorney general office to make policy, especially when that policy contradicts the policy of the chief executive. For example, many criticized Mississippi A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Litigation
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Of Powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative, although in most non-authoritarian jurisdictions, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused. The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and metonymically used interchangeably with the ' princ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Tort Reform Association
The American Tort Reform Association (ATRA) is a nonprofit, nonpartisan organization dedicated to reforming the civil justice system and advocating for tort reform. It was founded in 1986 by the American Council of Engineering Companies and was joined shortly thereafter by the American Medical Association. ATRA's members are largely Fortune 500 companies. Although sponsored by major industries, ATRA has worked hard to present a dramatically different public image of itself, claiming to represent small businesses and average citizens. The ATRA supports an agenda to increase public awareness of, and suggest changes in, the manner in which tort litigation is conducted in the United States. Some of these proposed changes would effectively limit the ability of tort plaintiffs to recover against tortfeasors. Examples include: *Limitations on liability for medical malpractice *Abolition of the rule of joint and several liability *Abolition of the collateral source doctrine *Limitatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
USA Today
''USA Today'' (stylized in all uppercase) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth on September 15, 1982, the newspaper operates from Gannett's corporate headquarters in Tysons, Virginia. Its newspaper is printed at 37 sites across the United States and at five additional sites internationally. The paper's dynamic design influenced the style of local, regional, and national newspapers worldwide through its use of concise reports, colorized images, informational graphics, and inclusion of popular culture stories, among other distinct features. With an average print circulation of 159,233 as of 2022, a digital-only subscriber base of 504,000 as of 2019, and an approximate daily readership of 2.6 million, ''USA Today'' is ranked as the first by circulation on the list of newspapers in the United States. It has been shown to maintain a generally center-left audience, in regards to political persuasion. ''USA Today'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Reich
Robert Bernard Reich (; born June 24, 1946) is an American professor, author, lawyer, and political commentator. He worked in the administrations of Presidents Gerald Ford and Jimmy Carter, and served as Secretary of Labor from 1993 to 1997 in the cabinet of President Bill Clinton. He was also a member of President Barack Obama's economic transition advisory board. Reich has been the Chancellor's Professor of Public Policy at the Goldman School of Public Policy at UC Berkeley since January 2006. He was formerly a Lecturer at Harvard University's John F. Kennedy School of Government and a professor of social and economic policy at the Heller School for Social Policy and Management of Brandeis University. He has also been a contributing editor of ''The New Republic'', ''The American Prospect'' (also chairman and founding editor), ''Harvard Business Review'', ''The Atlantic'', ''The New York Times'', and ''The Wall Street Journal''. Reich is a political commentator on programs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Walter Olson
Walter K. Olson (born 1954) is an author and blogger who writes mostly about legal subjects, including tort reform. Olson is a senior fellow of the Cato Institute, a libertarian think tank in Washington, D.C. Formerly, Olson was associated with the Manhattan Institute in New York City. He founded several websites, including the Manhattan Institute's scholarly PointOfLaw.com, and continues to run Overlawyered.com, a more popularly oriented website focusing on tort reform and alleged overreaching by lawyers. He has published four books on the American litigation system: ''The Litigation Explosion'', ''The Excuse Factory'', ''The Rule of Lawyers'', and most recently ''Schools for Misrule''. Olson is a Republican. The Washington Post has dubbed Olson an "intellectual guru of tort reform." He has testified to Congress numerous times, and has written articles for publications such as ''The Wall Street Journal'', ''Reason'', ''Reader's Digest'', and ''The New York Times''. His work is o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Victor Schwartz
The name Victor or Viktor may refer to: * Victor (name), including a list of people with the given name, mononym, or surname Arts and entertainment Film * ''Victor'' (1951 film), a French drama film * ''Victor'' (1993 film), a French short film * ''Victor'' (2008 film), a 2008 TV film about Canadian swimmer Victor Davis * ''Victor'' (2009 film), a French comedy * ''Victor'', a 2017 film about Victor Torres by Brandon Dickerson * ''Viktor'' (film), a 2014 Franco/Russian film Music * ''Victor'' (album), a 1996 album by Alex Lifeson * "Victor", a song from the 1979 album ''Eat to the Beat'' by Blondie Businesses * Victor Talking Machine Company, early 20th century American recording company, forerunner of RCA Records * Victor Company of Japan, usually known as JVC, a Japanese electronics corporation originally a subsidiary of the Victor Talking Machine Company ** Victor Entertainment, or JVCKenwood Victor Entertainment, a Japanese record label ** Victor Interactive ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort Reform
Tort reform refers to changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation (particularly actions for negligence) or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for suppliers of services (e.g. medical malpractice insurance), and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions, where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature. Background Tort actions are civil claims for actions that cause a claimant to suffer loss or harm, resulting in legal liability for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Hollow Hope
''The Hollow Hope: Can Courts Bring About Social Change?'' was written by Gerald N. Rosenberg and published in 1991. A highly controversial work, it produced labels ranging from "revolutionary" to "insulting." A Second Edition of the book was published in 2008 by the University of Chicago Press (). Basic thesis and controversy In his book, Gerald Rosenberg questions the validity of the commonly accepted axiom that the Supreme Court of the United States is able to affect widespread social change. Naturally, such a drastic departure from conventional beliefs drew the ire of many critics, both within and beyond academia. Dynamic Court and Constrained Court Rosenberg examines two views of the United States Supreme Court: the view of the Dynamic Court and the view of the Constrained Court. The Dynamic Court view maintains that the United States Supreme Court is indeed capable of affecting widespread change, often citing cases such as '' Brown v. Board'' and ''Roe v. Wade'' as example ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gun Control
Gun control, or firearms regulation, is the set of laws or policies that regulate the manufacture, sale, transfer, possession, modification, or use of firearms by civilians. Most countries have a restrictive firearm guiding policy, with only a few legislations being categorized as permissive. Jurisdictions that regulate access to firearms typically restrict access to only certain categories of firearms and then to restrict the categories of persons who will be granted a license to have access to a firearm. In some countries, such as the United States, gun control may be legislated at either a federal level or a local state level. Terminology and context Gun control refers to domestic regulation of firearm manufacture, trade, possession, use, and transport, specifically with regard to the class of weapons referred to as small arms (revolvers and self-loading pistols, rifles, and carbines, assault rifles, submachine guns, and light machine guns). Usage of the term ''gu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Pentagon
The Pentagon is the headquarters building of the United States Department of Defense. It was constructed on an accelerated schedule during World War II. As a symbol of the U.S. military, the phrase ''The Pentagon'' is often used as a metonym for the Department of Defense and its leadership. Located in Arlington County, Virginia, across the Potomac River from Washington, D.C., the building was designed by American architect George Bergstrom and built by contractor John McShain. Ground was broken on 11 September 1941, and the building was dedicated on 15 January 1943. General Brehon Somervell provided the major impetus to gain Congressional approval for the project; Colonel Leslie Groves was responsible for overseeing the project for the U.S. Army Corps of Engineers, which supervised it. The Pentagon is the world's largest office building, with about of floor space, of which are used as offices. Some 23,000 military and civilian employees, and another 3,000 non-defe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort Reform
Tort reform refers to changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation (particularly actions for negligence) or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for suppliers of services (e.g. medical malpractice insurance), and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions, where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature. Background Tort actions are civil claims for actions that cause a claimant to suffer loss or harm, resulting in legal liability for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
