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Freedom To Harm

Author: Thomas O. McGarity
Publisher: Yale University Press
ISBN: 0300195214
Size: 70.98 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

Bending Science

Author: Thomas O. McGarity
Publisher: Harvard University Press
ISBN: 9780674028159
Size: 17.10 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.

Economism

Author: James Kwak
Publisher: Pantheon
ISBN: 1101871199
Size: 15.18 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: 43.69 MB
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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: 46.71 MB
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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.

Free Speech And Human Dignity

Author: Steven J. Heyman
Publisher: Yale University Press
ISBN: 0300148224
Size: 68.13 MB
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Debates over hate speech, pornography, and other sorts of controversial speech raise issues that go to the core of the First Amendment. Supporters of regulation argue that these forms of expression cause serious injury to individuals and groups, assaultin

Trans Siberian Handbook

Author: Bryn Thomas
Publisher: Trail Blazer Publications
ISBN: 9781873756942
Size: 36.50 MB
Format: PDF
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Featuring 75 route maps and town plans, this 7th edition is a guide to the world's longest rail journey.

The Preemption War

Author: Thomas O. McGarity
Publisher: Yale University Press
ISBN: 0300152205
Size: 75.13 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.

Private Property And The Constitution

Author: Bruce Ackerman
Publisher: Yale University Press
ISBN: 0300158068
Size: 44.59 MB
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I am deeply indebted to my research assistant, John Borgo, for an ongoing flow of criticism, as well as to my secretary, Diane McDougal, for typing a steady stream of second thoughts. Their work, as well as mine, was supported in part by the Law and Social Science Division of The National Science Foundation. The Foundation, however, should not be held responsible for the views expressed in this essay.I am also very grateful to my many friends at Yale and elsewhere who helped me with this book. But my debts here are so numerous and diverse as to defy a comprehensive and exact accountin

The Future Of Law And Economics

Author: Guido Calabresi
Publisher: Yale University Press
ISBN: 0300216262
Size: 54.95 MB
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In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.