Lawsuits in a Market Economy : The Evolution of Civil Litigation / Stephen C. Yeazell.

Format:

Book

Author/Creator:

Yeazell, Stephen C., author.

Language:

English

Subjects (All):

Class actions (Civil procedure)--United States.

Class actions (Civil procedure).

Class actions (Civil procedure)--Economic aspects--United States.

Class actions (Civil procedure)--Political aspects--United States.

Civil procedure--United States.

Civil procedure.

Actions and defenses--United States.

Actions and defenses.

Physical Description:

1 online resource (145 pages) : illustrations

Place of Publication:

Chicago : University of Chicago Press, [2018]

Language Note:

In English.

Summary:

Some describe civil litigation as little more than a drag on the economy; Others hail it as the solution to most of the country's problems. Stephen C. Yeazell argues that both positions are wrong. Deeply embedded in our political and economic systems, civil litigation is both a system for resolving disputes and a successful business model, a fact that both its opponents and its fans do their best to conceal. Lawsuits in a Market Economy explains how contemporary civil litigation in the United States works and how it has changed over the past century. The book corrects common misconceptions-some of which have proved remarkably durable even in the face of contrary evidence-and explores how our constitutional structure, an evolving economy, and developments in procedural rules and litigation financing systems have moved us from expecting that lawsuits end in trial and judgments to expecting that they will end in settlements. Yeazell argues that today's system has in some ways overcome-albeit inconsistently-disparities between the rich and poor in access to civil justice. Once upon a time, might regularly triumphed over right. That is slightly less likely today-even though we continue to witness enormous disparities in wealth and power. The book concludes with an evaluation of recent changes and their possible consequences.

Contents:

Frontmatter

Contents

Preface

Introduction: Ladies and Gentlemen, We Have a Crisis, but What Is It?

Chapter 1. Civil Lawsuits in a Market Economy in a Democratic Federal Republic

Chapter 2. The Demography of Civil Litigation

Chapter 3. The Economics of Civil Litigation

Chapter 4. Privatizing Procedure, Restructuring the Bar

Chapter 5. The Politics of Civil Litigation

Chapter 6. Where We Are and Where We're Going (and a Bit about Where We Should Go)

Notes

Index

Notes:

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 22. Okt 2019)

ISBN:

9780226546421

022654642X

OCLC:

1028979808