Why lawsuits are good for America : disciplined democracy, big business, and the common law /
Saved in:
| Main Author: | |
|---|---|
| Corporate Author: | |
| Format: | Online Book |
| Language: | English |
| Published: |
New York University Press,
2001
|
| Series: | Critical America. |
| Subjects: | |
| Online Access: | http://ezproxy.villanova.edu/login?URL=https://www.jstor.org/stable/10.2307/j.ctt9qggx3 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1792608779887443968 |
|---|---|
| author | Bogus, Carl T. |
| author_corporate | JSTOR |
| author_corporate_role | |
| author_facet | Bogus, Carl T. JSTOR |
| author_role | |
| author_sort | Bogus, Carl T. |
| author_variant | c t b ct ctb |
| building | Falvey Library |
| callnumber-first | K - Law |
| callnumber-label | KF1296 |
| callnumber-raw | KF1296 .B64 2001 |
| callnumber-search | KF1296 .B64 2001 |
| callnumber-sort | KF 41296 B64 42001 |
| callnumber-subject | KF - United States |
| collection | Online |
| collection_raw_str_mv | World Wide Web |
| contents | Frontmatter -- Contents -- Acknowledgments -- Introduction -- 1. Why Tell Tales? -- Proctor v. Davis: The Real Story -- Why Tell Tales? -- 2. War on the Common Law -- War on the Common Law -- The Tort Reform Agenda -- The Common Law and America -- 3. The Third Branch of Government -- Separation of Powers and the American Judiciary -- The Common Law Tradition -- An American Bench and Bar -- An American Procedural System -- 4. Disciplined Democracy and the American Jury -- The Founders and the Civil Jury -- The Contemporary Civil Jury: England versus America -- Disciplined Democracy -- Is the Civil Jury Competent? -- The Civil Jury and Societal Values -- 5. The American Common Law System -- The Four Legs of American Common Law -- Why the Common Law Is Special -- 6. Who Regulates Auto Safety? -- The Stunning Improvement in Auto Safety -- Administrative Regulation -- The Bronco II Story -- Who Regulates Auto Safety? -- Balancing Safety and Other Considerations -- 7. The Three Revolutions in Products Liability -- The First Revolution: Strict Liability for Defective Products -- The Second Revolution: Strict Liability for Nondefective Products with Unreasonably Dangerous Features -- The Third Revolution: Strict Liability for Unreasonably Dangerous Products -- 8. The Common Law and the Future -- Common Law in the Twenty-first Century -- Notes -- Index -- About the Author |
| ctrlnum | (OCoLC)ocm53481901 |
| first_indexed | 2022-04-02T09:05:11Z |
| format | Online Book |
| fullrecord | {"leader":"00000cam a2200000Ia 4500","fields":[{"001":"2834396"},{"005":"20220401105240.0"},{"006":"m o d "},{"007":"cr cnu---unuuu"},{"008":"031121s2001 nyu ob 001 0 eng d"},{"010":{"subfields":[{"a":" 2001001254"}],"ind1":" ","ind2":" "}},{"035":{"subfields":[{"a":"(OCoLC)ocm53481901"}],"ind1":" ","ind2":" "}},{"040":{"subfields":[{"a":"N$T"},{"b":"eng"},{"e":"pn"},{"c":"N$T"},{"d":"YDXCP"},{"d":"OCLCQ"},{"d":"TNF"},{"d":"OCLCQ"},{"d":"OCLCF"},{"d":"OCLCQ"},{"d":"OCLCO"},{"d":"JSTOR"},{"d":"OCLCQ"},{"d":"PIFBR"},{"d":"OCLCQ"},{"d":"IOG"},{"d":"WY@"},{"d":"LUE"},{"d":"INT"},{"d":"TOF"},{"d":"OCLCQ"},{"d":"M8D"},{"d":"INARC"},{"d":"UX1"},{"d":"P@U"},{"d":"LUN"}],"ind1":" ","ind2":" "}},{"020":{"subfields":[{"a":"0585479518"},{"q":"(electronic bk.)"}],"ind1":" ","ind2":" "}},{"020":{"subfields":[{"a":"9780585479514"},{"q":"(electronic bk.)"}],"ind1":" ","ind2":" "}},{"020":{"subfields":[{"a":"9780814769577"},{"q":"(electronic bk.)"}],"ind1":" ","ind2":" "}},{"020":{"subfields":[{"a":"0814769578"},{"q":"(electronic bk.)"}],"ind1":" ","ind2":" "}},{"020":{"subfields":[{"a":"081471319X"},{"q":"(cloth : acid-free paper)"}],"ind1":" ","ind2":" "}},{"020":{"subfields":[{"a":"9780814713198"}],"ind1":" ","ind2":" "}},{"037":{"subfields":[{"a":"22573/ctt8jtg3d"},{"b":"JSTOR"}],"ind1":" ","ind2":" "}},{"043":{"subfields":[{"a":"n-us---"}],"ind1":" ","ind2":" "}},{"050":{"subfields":[{"a":"KF1296"},{"b":".B64 2001"}],"ind1":" ","ind2":"4"}},{"049":{"subfields":[{"a":"PVUM"}],"ind1":" ","ind2":" "}},{"100":{"subfields":[{"a":"Bogus, Carl T."}],"ind1":"1","ind2":" "}},{"245":{"subfields":[{"a":"Why lawsuits are good for America :"},{"b":"disciplined democracy, big business, and the common law /"},{"c":"Carl T. Bogus."}],"ind1":"1","ind2":"0"}},{"260":{"subfields":[{"a":"New York :"},{"b":"New York University Press,"},{"c":"©2001."}],"ind1":" ","ind2":" "}},{"300":{"subfields":[{"a":"1 online resource (xi, 265 pages)."}],"ind1":" ","ind2":" "}},{"336":{"subfields":[{"a":"text"},{"b":"txt"},{"2":"rdacontent"}],"ind1":" ","ind2":" "}},{"337":{"subfields":[{"a":"computer"},{"b":"c"},{"2":"rdamedia"}],"ind1":" ","ind2":" "}},{"338":{"subfields":[{"a":"online resource"},{"b":"cr"},{"2":"rdacarrier"}],"ind1":" ","ind2":" "}},{"490":{"subfields":[{"a":"Critical America"}],"ind1":"1","ind2":" "}},{"504":{"subfields":[{"a":"Includes bibliographical references (pages 221-258) and index."}],"ind1":" ","ind2":" "}},{"506":{"subfields":[{"a":"JSTOR Electronic access restricted to Villanova University patrons."},{"b":"Books at JSTOR Demand Driven Acquisitions."}],"ind1":" ","ind2":" "}},{"588":{"subfields":[{"a":"Print version record."}],"ind1":"0","ind2":" "}},{"505":{"subfields":[{"t":"Frontmatter --"},{"t":"Contents --"},{"t":"Acknowledgments --"},{"t":"Introduction --"},{"t":"1. Why Tell Tales? --"},{"t":"Proctor v. Davis: The Real Story --"},{"t":"Why Tell Tales? --"},{"t":"2. War on the Common Law --"},{"t":"War on the Common Law --"},{"t":"The Tort Reform Agenda --"},{"t":"The Common Law and America --"},{"t":"3. The Third Branch of Government --"},{"t":"Separation of Powers and the American Judiciary --"},{"t":"The Common Law Tradition --"},{"t":"An American Bench and Bar --"},{"t":"An American Procedural System --"},{"t":"4. Disciplined Democracy and the American Jury --"},{"t":"The Founders and the Civil Jury --"},{"t":"The Contemporary Civil Jury: England versus America --"},{"t":"Disciplined Democracy --"},{"t":"Is the Civil Jury Competent? --"},{"t":"The Civil Jury and Societal Values --"},{"t":"5. The American Common Law System --"},{"t":"The Four Legs of American Common Law --"},{"t":"Why the Common Law Is Special --"},{"t":"6. Who Regulates Auto Safety? --"},{"t":"The Stunning Improvement in Auto Safety --"},{"t":"Administrative Regulation --"},{"t":"The Bronco II Story --"},{"t":"Who Regulates Auto Safety? --"},{"t":"Balancing Safety and Other Considerations --"},{"t":"7. The Three Revolutions in Products Liability --"},{"t":"The First Revolution: Strict Liability for Defective Products --"},{"t":"The Second Revolution: Strict Liability for Nondefective Products with Unreasonably Dangerous Features --"},{"t":"The Third Revolution: Strict Liability for Unreasonably Dangerous Products --"},{"t":"8. The Common Law and the Future --"},{"t":"Common Law in the Twenty-first Century --"},{"t":"Notes --"},{"t":"Index --"},{"t":"About the Author"}],"ind1":"0","ind2":"0"}},{"520":{"subfields":[{"a":"Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald's because she was scalded when she spilled her coffee. Thousands file lawsuits claiming they were injured by Agent Orange, silicone breast implants, or Bendectin although scientists report these substances do not cause the diseases in question. The United States, conventional wisdom has it, is a hyperlitigious society, propelled by avaricious lawyers, harebrained judges, and runaway juries. Lawsuits waste money and time and, moreover, many are simply groundless.Carl T. Bogus is not so sure. In Why Lawsuits Are Good for America, Bogus argues that common law works far better than commonly understood. Indeed, Bogus contends that while the system can and occasionally does produce \"wrong\" results, it is very difficult for it to make flatly irrational decisions. Blending history, theory, empirical data, and colorful case studies, Bogus explains why the common law, rather than being outdated, may be more necessary than ever. As Bogus sees it, the common law is an essential adjunct to governmental regulation--essential, in part, because it is not as easily manipulated by big business. Meanwhile, big business has launched an all out war on the common law. \"Tort reform\"--measures designed to make more difficult for individuals to sue corporations--one of the ten proposals in the Republican Contract With America, and George W. Bush's first major initiative as Governor of Texas. And much of what we have come to believe about the system comes from a coordinated propaganda effort by big business and its allies. Bogus makes a compelling case for the necessity of safeguarding the system from current assaults. Why Lawsuits Are Good for America provides broad historical overviews of the development of American common law, torts, products liability, as well as fresh and provocative arguments about the role of the system of \"disciplined democracy\" in the twenty-first century."}],"ind1":" ","ind2":" "}},{"598":{"subfields":[{"a":"01-APR-22"}],"ind1":" ","ind2":" "}},{"650":{"subfields":[{"a":"Products liability"},{"z":"United States."}],"ind1":" ","ind2":"0"}},{"650":{"subfields":[{"a":"Torts"},{"z":"United States."}],"ind1":" ","ind2":"0"}},{"650":{"subfields":[{"a":"Law reform"},{"z":"United States."}],"ind1":" ","ind2":"0"}},{"650":{"subfields":[{"a":"LAW"},{"x":"Administrative Law & Regulatory Practice."},{"2":"bisacsh"}],"ind1":" ","ind2":"7"}},{"650":{"subfields":[{"a":"Law reform."},{"2":"fast"},{"0":"(OCoLC)fst00994081"}],"ind1":" ","ind2":"7"}},{"650":{"subfields":[{"a":"Products liability."},{"2":"fast"},{"0":"(OCoLC)fst01078370"}],"ind1":" ","ind2":"7"}},{"650":{"subfields":[{"a":"Torts."},{"2":"fast"},{"0":"(OCoLC)fst01152931"}],"ind1":" ","ind2":"7"}},{"651":{"subfields":[{"a":"United States."},{"2":"fast"},{"0":"(OCoLC)fst01204155"}],"ind1":" ","ind2":"7"}},{"655":{"subfields":[{"a":"Electronic books."}],"ind1":" ","ind2":"0"}},{"655":{"subfields":[{"a":"Electronic books."}],"ind1":" ","ind2":"4"}},{"710":{"subfields":[{"a":"JSTOR"}],"ind1":" ","ind2":" "}},{"776":{"subfields":[{"i":"Print version:"},{"a":"Bogus, Carl T."},{"t":"Why lawsuits are good for America."},{"d":"New York : New York University Press, ©2001"},{"z":"081471319X"},{"w":"(DLC) 2001001254"},{"w":"(OCoLC)46642075"}],"ind1":"0","ind2":"8"}},{"830":{"subfields":[{"a":"Critical America."}],"ind1":" ","ind2":"0"}},{"856":{"subfields":[{"z":"Online version"},{"u":"http://ezproxy.villanova.edu/login?URL=https://www.jstor.org/stable/10.2307/j.ctt9qggx3"},{"t":"0"}],"ind1":"4","ind2":"0"}},{"994":{"subfields":[{"a":"92"},{"b":"PVU"}],"ind1":" ","ind2":" "}},{"999":{"subfields":[{"i":"94c1994d-df20-5494-a510-15a9c7bd8bc9"},{"s":"96945daf-dfba-54ba-9903-1c6c35078ed9"},{"t":"0"}],"ind1":"f","ind2":"f"}},{"952":{"subfields":[{"p":"Default"},{"a":"Villanova University"},{"b":"Villanova PA"},{"c":"Falvey Memorial Library"},{"d":"World Wide Web"},{"t":"0"},{"e":"KF1296 .B64 2001"},{"h":"Library of Congress classification"},{"i":"Electronic Books"},{"n":"1"}],"ind1":"f","ind2":"f"}}]}
|
| genre | Electronic books. |
| genre_facet | Electronic books. |
| geographic | United States. fast (OCoLC)fst01204155 |
| geographic_facet | United States. |
| hidden_from_falvey_str | No |
| id | 2834396 |
| illustrated | Not Illustrated |
| institution | Villanova University |
| isbn | 0585479518 9780585479514 9780814769577 0814769578 081471319X 9780814713198 |
| language | English |
| last_indexed | 2022-04-02T09:05:11Z |
| lccn | 2001001254 |
| oclc_num | 53481901 |
| physical | 1 online resource (xi, 265 pages). |
| publishDate | 2001 |
| publisher | New York University Press, |
| record_format | marc |
| series | Critical America. |
| series2 | Critical America |
| spelling | Bogus, Carl T. Why lawsuits are good for America : disciplined democracy, big business, and the common law / Carl T. Bogus. New York : New York University Press, ©2001. 1 online resource (xi, 265 pages). text txt rdacontent computer c rdamedia online resource cr rdacarrier Critical America Includes bibliographical references (pages 221-258) and index. JSTOR Electronic access restricted to Villanova University patrons. Books at JSTOR Demand Driven Acquisitions. Print version record. Frontmatter -- Contents -- Acknowledgments -- Introduction -- 1. Why Tell Tales? -- Proctor v. Davis: The Real Story -- Why Tell Tales? -- 2. War on the Common Law -- War on the Common Law -- The Tort Reform Agenda -- The Common Law and America -- 3. The Third Branch of Government -- Separation of Powers and the American Judiciary -- The Common Law Tradition -- An American Bench and Bar -- An American Procedural System -- 4. Disciplined Democracy and the American Jury -- The Founders and the Civil Jury -- The Contemporary Civil Jury: England versus America -- Disciplined Democracy -- Is the Civil Jury Competent? -- The Civil Jury and Societal Values -- 5. The American Common Law System -- The Four Legs of American Common Law -- Why the Common Law Is Special -- 6. Who Regulates Auto Safety? -- The Stunning Improvement in Auto Safety -- Administrative Regulation -- The Bronco II Story -- Who Regulates Auto Safety? -- Balancing Safety and Other Considerations -- 7. The Three Revolutions in Products Liability -- The First Revolution: Strict Liability for Defective Products -- The Second Revolution: Strict Liability for Nondefective Products with Unreasonably Dangerous Features -- The Third Revolution: Strict Liability for Unreasonably Dangerous Products -- 8. The Common Law and the Future -- Common Law in the Twenty-first Century -- Notes -- Index -- About the Author Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald's because she was scalded when she spilled her coffee. Thousands file lawsuits claiming they were injured by Agent Orange, silicone breast implants, or Bendectin although scientists report these substances do not cause the diseases in question. The United States, conventional wisdom has it, is a hyperlitigious society, propelled by avaricious lawyers, harebrained judges, and runaway juries. Lawsuits waste money and time and, moreover, many are simply groundless.Carl T. Bogus is not so sure. In Why Lawsuits Are Good for America, Bogus argues that common law works far better than commonly understood. Indeed, Bogus contends that while the system can and occasionally does produce "wrong" results, it is very difficult for it to make flatly irrational decisions. Blending history, theory, empirical data, and colorful case studies, Bogus explains why the common law, rather than being outdated, may be more necessary than ever. As Bogus sees it, the common law is an essential adjunct to governmental regulation--essential, in part, because it is not as easily manipulated by big business. Meanwhile, big business has launched an all out war on the common law. "Tort reform"--measures designed to make more difficult for individuals to sue corporations--one of the ten proposals in the Republican Contract With America, and George W. Bush's first major initiative as Governor of Texas. And much of what we have come to believe about the system comes from a coordinated propaganda effort by big business and its allies. Bogus makes a compelling case for the necessity of safeguarding the system from current assaults. Why Lawsuits Are Good for America provides broad historical overviews of the development of American common law, torts, products liability, as well as fresh and provocative arguments about the role of the system of "disciplined democracy" in the twenty-first century. 01-APR-22 Products liability United States. Torts United States. Law reform United States. LAW Administrative Law & Regulatory Practice. bisacsh Law reform. fast (OCoLC)fst00994081 Products liability. fast (OCoLC)fst01078370 Torts. fast (OCoLC)fst01152931 United States. fast (OCoLC)fst01204155 Electronic books. JSTOR Print version: Bogus, Carl T. Why lawsuits are good for America. New York : New York University Press, ©2001 081471319X (DLC) 2001001254 (OCoLC)46642075 Critical America. Online version http://ezproxy.villanova.edu/login?URL=https://www.jstor.org/stable/10.2307/j.ctt9qggx3 0 KF1296 .B64 2001 |
| spellingShingle | Bogus, Carl T. Why lawsuits are good for America : disciplined democracy, big business, and the common law / Critical America. Frontmatter -- Contents -- Acknowledgments -- Introduction -- 1. Why Tell Tales? -- Proctor v. Davis: The Real Story -- Why Tell Tales? -- 2. War on the Common Law -- War on the Common Law -- The Tort Reform Agenda -- The Common Law and America -- 3. The Third Branch of Government -- Separation of Powers and the American Judiciary -- The Common Law Tradition -- An American Bench and Bar -- An American Procedural System -- 4. Disciplined Democracy and the American Jury -- The Founders and the Civil Jury -- The Contemporary Civil Jury: England versus America -- Disciplined Democracy -- Is the Civil Jury Competent? -- The Civil Jury and Societal Values -- 5. The American Common Law System -- The Four Legs of American Common Law -- Why the Common Law Is Special -- 6. Who Regulates Auto Safety? -- The Stunning Improvement in Auto Safety -- Administrative Regulation -- The Bronco II Story -- Who Regulates Auto Safety? -- Balancing Safety and Other Considerations -- 7. The Three Revolutions in Products Liability -- The First Revolution: Strict Liability for Defective Products -- The Second Revolution: Strict Liability for Nondefective Products with Unreasonably Dangerous Features -- The Third Revolution: Strict Liability for Unreasonably Dangerous Products -- 8. The Common Law and the Future -- Common Law in the Twenty-first Century -- Notes -- Index -- About the Author Products liability United States. Torts United States. Law reform United States. LAW Administrative Law & Regulatory Practice. bisacsh Law reform. fast (OCoLC)fst00994081 Products liability. fast (OCoLC)fst01078370 Torts. fast (OCoLC)fst01152931 |
| suppressed_str | 0 |
| title | Why lawsuits are good for America : disciplined democracy, big business, and the common law / |
| title_auth | Why lawsuits are good for America : disciplined democracy, big business, and the common law / |
| title_full | Why lawsuits are good for America : disciplined democracy, big business, and the common law / Carl T. Bogus. |
| title_fullStr | Why lawsuits are good for America : disciplined democracy, big business, and the common law / Carl T. Bogus. |
| title_full_unstemmed | Why lawsuits are good for America : disciplined democracy, big business, and the common law / Carl T. Bogus. |
| title_short | Why lawsuits are good for America : |
| title_sort | why lawsuits are good for america disciplined democracy big business and the common law |
| title_sub | disciplined democracy, big business, and the common law / |
| topic | Products liability United States. Torts United States. Law reform United States. LAW Administrative Law & Regulatory Practice. bisacsh Law reform. fast (OCoLC)fst00994081 Products liability. fast (OCoLC)fst01078370 Torts. fast (OCoLC)fst01152931 |
| topic_facet | Products liability Torts Law reform LAW Law reform. Products liability. Torts. Administrative Law & Regulatory Practice. |
| url | http://ezproxy.villanova.edu/login?URL=https://www.jstor.org/stable/10.2307/j.ctt9qggx3 |
| uuid_str_mv | 94c1994d-df20-5494-a510-15a9c7bd8bc9 96945daf-dfba-54ba-9903-1c6c35078ed9 |
| work_keys_str_mv | AT boguscarlt whylawsuitsaregoodforamericadisciplineddemocracybigbusinessandthecommonlaw |