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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 Attorn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Litigation
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a 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 with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Separation Of Powers
The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operations of government to be conceptually and institutionally distinguishable and articulated, thereby maintaining the integrity of each. To put this model into practice, government is divided into structurally independent branches to perform various functions (most often a legislature, a judiciary and an administration, sometimes known as the ). When each function is allocated strictly to one branch, a government is described as having a high degree of separation; whereas, when one person or branch plays a significant part in the exercise of more than one function, this represents a fusion of powers. History Antiquity Polybius (''Histories'', Book 6, 11–13) described the Roman Republic as a mixed government ruled by the Roman Senate, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
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. Issues 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 *L ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
USA Today
''USA Today'' (often stylized in all caps) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth in 1980 and launched on September 14, 1982, the newspaper operates from Gannett's corporate headquarters in New York City. 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. As of 2023, ''USA Today'' has the fifth largest print circulation in the United States, with 132,640 print subscribers. It has two million digital subscribers, the fourth-largest online circulation of any U.S. newspaper. ''USA Today'' is distributed in all 50 states, Washington, D.C., and Puerto Rico, and an international edition is distributed in Asia, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
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 he served as United States Secretary of Labor, Secretary of Labor in the Presidency of Bill Clinton#Administration, cabinet of President Bill Clinton from 1993 to 1997. 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. In 2008, Time (magazine), ''Time'' magazine named him one of the Ten Best Cabinet Members of the century; in the same year ''The Wall Street Journal'' placed him sixth on its list of Most Influential ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Walter Olson
Walter K. Olson (born 1954) is an American 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 wo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
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 TV film about Canadian swimmer Victor Davis * ''Victor'' (2009 film), a French comedy * ''Victor'', a 2017 film about Victor Torres by Brandon Dickerson * ''Viktor'' (2014 film), a Franco/Russian film * ''Viktor'' (2024 film), a documentary of a deaf person's perspective during Russian invasion of Ukraine Music * ''Victor'' (Alex Lifeson album), a 1996 album by Alex Lifeson * ''Victor'' (Vic Mensa album), 2023 album by Vic Mensa * "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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Tort Reform
Tort reform consists of 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 law (common law), civil claims for actions—not arising from a contract—that cause a claimant t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
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 (), followed by a 3rd edition in 2023 (ISBN 978-0226312477). 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 effect widespread progressive social change. Naturally, such a drastic departure from conventional beliefs drew the ire of many critics, both within and beyond academia. Others praised the book. In 1993 it was awarded the Gordon J. Laing Prize by the University of Chicago Press (for a book written by a University of Chicago faculty member that brings the greatest distinction to the University of Chicago Press). In 2003 the American Political Science Associatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
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 and ammunition by civilians. Most countries allow civilians to own firearms, but have strong firearms laws to prevent misuse or violence. They typically restrict ownership of firearms with certain characteristics, and require a mandatory gun safety course and firearms license to own a gun. Only a few countries, such as Iraq, Yemen, Pakistan and the United States are considered permissive jurisdictions. In some countries, such as Australia or the United States, measures can be implemented at the national, state, or local levels. Countries like America and Mexico have constitutionally protected gun rights Terminology and context Gun control refers to domestic and international attempts to regulate, and harmonize the regulation of, the private and industrial manufacture, trade, possession, use, and transport of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
The Pentagon
The Pentagon is the headquarters building of the United States Department of Defense, in Arlington County, Virginia, across the Potomac River from Washington, D.C. The building was constructed on an accelerated schedule during World War II. As a symbol of the United States Armed Forces, U.S. military, the phrase ''The Pentagon'' is often used as a metonym for the Department of Defense and its leadership. 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 United States Army Corps of Engineers, U.S. Army Corps of Engineers, which supervised it. The Pentagon is List of largest office buildings, the world's second-largest office building, with about of floor space, of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Tort Reform
Tort reform consists of 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 law (common law), civil claims for actions—not arising from a contract—that cause a claimant t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
