Justice and Efficiency in Mega-Litigation

Justice and Efficiency in Mega-Litigation PDF

Author: Anna Olijnyk

Publisher: Bloomsbury Publishing

Published: 2019-06-13

Total Pages: 371

ISBN-13: 1509910905

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Justice and Efficiency in Mega-Litigation explores the phenomenon of extremely long-running, resource-intensive civil litigation known as 'mega-litigation'. Such litigation challenges the courts to reconcile the objectives of justice and efficiency – for the parties to the case and for the community. Drawing on interviews with judges of the courts of England and Wales, and of Australia, this book shows how judges have responded to these challenges. It situates mega-litigation within broader developments in civil procedure and case management, as well as theoretical debates about the role of courts and the purpose of civil procedure. The book highlights the importance of intensive, creative and flexible case management; focus on the issues in dispute; and, ultimately, each judge's expert intuition.

Justice and Efficiency in Mega-Litigation

Justice and Efficiency in Mega-Litigation PDF

Author: Anna Olijnyk

Publisher: Bloomsbury Publishing

Published: 2019-06-13

Total Pages: 240

ISBN-13: 1509910913

DOWNLOAD EBOOK →

Justice and Efficiency in Mega-Litigation explores the phenomenon of extremely long-running, resource-intensive civil litigation known as 'mega-litigation'. Such litigation challenges the courts to reconcile the objectives of justice and efficiency – for the parties to the case and for the community. Drawing on interviews with judges of the courts of England and Wales, and of Australia, this book shows how judges have responded to these challenges. It situates mega-litigation within broader developments in civil procedure and case management, as well as theoretical debates about the role of courts and the purpose of civil procedure. The book highlights the importance of intensive, creative and flexible case management; focus on the issues in dispute; and, ultimately, each judge's expert intuition.

Individual Justice in Mass Tort Litigation

Individual Justice in Mass Tort Litigation PDF

Author: Jack B. Weinstein

Publisher:

Published: 1995

Total Pages: 402

ISBN-13:

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Documenting a prominent jurist's efforts, a collection of case studies examines his successes with Vietnam veteran exposure to Agent Orange, asbestos, and DES and repetitive stress syndrome, describes current legal attitudes, and recommends compassionate alternatives.

Shadow Justice

Shadow Justice PDF

Author: Christin Harrington

Publisher: Praeger

Published: 1985-11-19

Total Pages: 240

ISBN-13:

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This first critical examination of informal dispute processing links the institutionalization of alternatives to the court process and the ideology of informalism with the evolution of the American court system. The author connects dispute processing reform to the broader social and political context in which it developed, including the rise of judicial management in the Progressive period and the reconstruction of court unification in the 1970s. Harrington defines legal resources and their distribution in alternative dispute resolution policy before focusing on the institutionalization of this reform in a case study of a federally sponsored Neighborhood Justice Center. In conclusion, Harrington finds that the symbols of informalism and its institutions are a mere shadow of conventional legal practices.

The Rising Behemoth

The Rising Behemoth PDF

Author: Douglas G. Smith

Publisher:

Published: 2020

Total Pages: 210

ISBN-13: 9781641057844

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The rise of multidistrict litigation -- The rise of meritless claims -- Framework for resolution -- Discovery and exchange of information -- Resolving common issues -- Resolving individual cases and case specific issues -- The bellwether process -- Settlement -- What can go wrong -- Proposals for reform -- Alternatives to multidistrict litigation.

Digital Justice

Digital Justice PDF

Author: Ethan Katsh

Publisher: Oxford University Press

Published: 2017-03-09

Total Pages: 352

ISBN-13: 0190464593

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Improving access to justice has been an ongoing process, and on-demand justice should be a natural part of our increasingly on-demand society. What can we do for example when Facebook blocks our account, we're harassed on Twitter, discover that our credit report contains errors, or receive a negative review on Airbnb? How do we effectively resolve these and other such issues? Digital Justice introduces the reader to new technological tools to resolve and prevent disputes bringing dispute resolution to cyberspace, where those who would never look to a court for assistance can find help for instance via a smartphone. The authors focus particular attention on five areas that have seen great innovation as well as large volumes of disputes: ecommerce, healthcare, social media, labor, and the courts. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.

Adversarial Legalism

Adversarial Legalism PDF

Author: Robert A. Kagan

Publisher:

Published: 2001-10-15

Total Pages: 360

ISBN-13:

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American dispute resolution is more adversarial, compared with systems of other economically advanced countries. Americans more often rely on legal threats and lawsuits. American laws are generally more complicated and prescriptive, adjudication more costly, penalties more severe. Here, Kagan examines the origins and consequences of this system.

Complex Litigation

Complex Litigation PDF

Author: Jay Tidmarsh

Publisher:

Published: 2002

Total Pages: 324

ISBN-13:

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Offers concepts of and insights into the forms and functions of complex litigation issues, including their implications. Helps students in such courses to review and study, as well as serves as a reference book for students once they are in practice.

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