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Freedom To Harm

Author: Thomas O. McGarity
Publisher: Yale University Press
ISBN: 0300195214
Size: 77.33 MB
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DIV How much economic freedom is a good thing? This book tells the story of how the business community, and the trade associations and think tanks that it created, launched three powerful assaults during the last quarter of the twentieth century on the federal regulatory system and the state civil justice system to accomplish a revival of the laissez faire political economy that dominated Gilded Age America. Although the consequences of these assaults became painfully apparent in a confluence of crises during the early twenty-first century, the patch-and-repair fixes that Congress and the Obama administration put into place did little to change the underlying laissez faire ideology and practice that continues to dominate the American political economy. In anticipation of the next confluence of crises, Thomas McGarity offers suggestions for more comprehensive governmental protections for consumers, workers, and the environment. /div

Economism

Author: James Kwak
Publisher: Pantheon
ISBN: 1101871199
Size: 33.16 MB
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Outlines a deconstruction of the framework for understanding the world of classroom economics, clarifying assumptions and misleading teachings while sharing historical insights into how economism became a prevalent influence in the U.S.

Empirical Legal Research In Action

Author: Willem H. van Boom
Publisher: Edward Elgar Publishing
ISBN: 1785362755
Size: 18.77 MB
Format: PDF
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Empirical legal research is a growing field of academic expertise, yet lawyers are not always familiar with the possibilities and limitations of the available methods. Empirical Legal Research in Action presents readers with first-hand experiences of empirical research on law and legal issues.

The Myth Of The Litigious Society

Author: David M. Engel
Publisher: University of Chicago Press
ISBN: 022630518X
Size: 52.21 MB
Format: PDF, ePub, Docs
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Why do Americans seem to sue at the slightest provocation? The answer may surprise you: we don’t! For every “Whiplash Charlie” who sees a car accident as a chance to make millions, for every McDonald’s customer to pursue a claim over a too-hot cup of coffee, many more Americans suffer injuries but make no claims against those responsible or their insurance companies. The question is not why Americans sue but why we don’t sue more often, and the answer can be found in how we think about injury and personal responsibility. With this book, David M. Engel demolishes the myth that America is a litigious society. The sobering reality is that the vast majority of injury victims—more than nine out of ten—rely on their own resources, family and friends, and government programs to cover their losses. When real people experience serious injuries, they don’t respond as rational actors. Trauma and pain disrupt their thoughts, and potential claims are discouraged by negative stereotypes that pervade American television and popular culture. (Think Saul Goodman in Breaking Bad, who keeps a box of neck braces in his office to help clients exaggerate their injuries.) Cultural norms make preventable injuries appear inevitable—or the victim’s fault. We’re taught to accept setbacks stoically and not blame someone else. But this tendency to “lump it” doesn’t just hurt the victims; it hurts us all. As politicians continue to push reforms that miss the real problem, we risk losing these claims as a way to quickly identify unsafe products and practices. Because injuries disproportionately fall on people with fewer resources, the existing framework creates a social underclass whose needs must be met by government programs all citizens shoulder while shielding those who cause the harm. It’s time for America to have a more responsible, blame-free discussion about injuries and the law. With The Myth of the Litigious Society, Engel takes readers clearly and powerfully through what we really know about injury victims and concludes with recommendations for how we might improve the situation.

Bending Science

Author: Thomas O. McGarity
Publisher: Harvard University Press
ISBN: 9780674028159
Size: 58.95 MB
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What do we know about the possible poisons that industrial technologies leave in our air and water? How reliable is the science that federal regulators and legislators use to protect the public from dangerous products? As this disturbing book shows, ideological or economic attacks on research are part of an extensive pattern of abuse. Thomas O. McGarity and Wendy Wagner reveal the range of sophisticated legal and financial tactics political and corporate advocates use to discredit or suppress research on potential human health hazards. Scientists can find their research blocked, or find themselves threatened with financial ruin. Corporations, plaintiff attorneys, think tanks, even government agencies have been caught suppressing or distorting research on the safety of chemical products. With alarming stories drawn from the public record, McGarity and Wagner describe how advocates attempt to bend science or âeoespinâe findings. They reveal an immense range of tools available to shrewd partisans determined to manipulate research. Bending Science exposes an astonishing pattern of corruption and makes a compelling case for reforms to safeguard both the integrity of science and the public health.

Risk Chance And Causation

Author: Michael B. Bracken
Publisher: Yale University Press
ISBN: 0300188846
Size: 74.17 MB
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DIVA noted clinical epidemiologist shows how evidence-based medicine can help us understand and assess news about health risks, cures, and treatment “breakthroughs.�/div

Configuring The Networked Self

Author: Julie E. Cohen
Publisher: Yale University Press
ISBN: 0300177933
Size: 31.20 MB
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The legal and technical rules governing flows of information are out of balance, argues Julie E. Cohen in this original analysis of information law and policy. Flows of cultural and technical information are overly restricted, while flows of personal information often are not restricted at all. The author investigates the institutional forces shaping the emerging information society and the contradictions between those forces and the ways that people use information and information technologies in their everyday lives. She then proposes legal principles to ensure that people have ample room for cultural and material participation as well as greater control over the boundary conditions that govern flows of information to, from, and about them.

The Preemption War

Author: Thomas O. McGarity
Publisher: Yale University Press
ISBN: 0300152205
Size: 40.19 MB
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Most people are unaware of a quiet war that has been raging in the courts, federal regulatory agencies, and Congress, a war over federal agency preemption of state common law claims. This text offers scholars and policymakers a full analysis of the legal and policy issues under debate.

Reviving The Invisible Hand

Author: Deepak Lal
Publisher: Princeton University Press
ISBN: 9781400837441
Size: 11.18 MB
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Reviving the Invisible Hand is an uncompromising call for a global return to a classical liberal economic order, free of interference from governments and international organizations. Arguing for a revival of the invisible hand of free international trade and global capital, eminent economist Deepak Lal vigorously defends the view that statist attempts to ameliorate the impact of markets threaten global economic progress and stability. And in an unusual move, he not only defends globalization economically, but also answers the cultural and moral objections of antiglobalizers. Taking a broad cross-cultural and interdisciplinary approach, Lal argues that there are two groups opposed to globalization: cultural nationalists who oppose not capitalism but Westernization, and "new dirigistes" who oppose not Westernization but capitalism. In response, Lal contends that capitalism doesn't have to lead to Westernization, as the examples of Japan, China, and India show, and that "new dirigiste" complaints have more to do with the demoralization of their societies than with the capitalist instruments of prosperity. Lal bases his case on a historical account of the rise of capitalism and globalization in the first two liberal international economic orders: the nineteenth-century British, and the post-World War II American. Arguing that the "new dirigisme" is the thin edge of a wedge that could return the world to excessive economic intervention by states and international organizations, Lal does not shrink from controversial stands such as advocating the abolishment of these organizations and defending the existence of child labor in the Third World.