Studies
Studies

Author: Institute of Judicial Administration

Publisher:

Published: 1958

Total Pages: 758

ISBN-13:

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A History of Civil Litigation
A History of Civil Litigation

Author: Frank J. Vandall

Publisher: Oxford University Press

Published: 2011-01-17

Total Pages: 262

ISBN-13: 0199781095

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A History of Civil Litigation: Political and Economic Perspectives, by Frank J. Vandall, studies the expansion of civil liability from 1466 to 1980, and the cessation of that growth in 1980. It evaluates the creation of tort causes of action during the period of 1400-1980. Re-evaluation and limitation of those developments from 1980, to the present, are specifically considered. The unique focus of the book is first, to argue that civil justice no longer rests on historic foundations, such as, precedent, fairness and impartiality, but has shifted to power and influence. Reform in the law (legislative, judicial, and regulatory) is today driven by financial interests, not precedent, not a neutral desire for fairness, and not to "make it better." It uses products, cases and policies for much of its argument. These policies can be summarized as a shift from a balanced playing field, negligence, to one that favors injured consumers. The strict liability foreshadowed by Judge Traynor, in Escola v. Coca Cola (1944), was not adopted until 1962, when Traynor wrote the majority opinion in Greenman v. Yuba Power Products for the California Supreme Court. Second, the book examines the role of persuasive non-governmental agencies, such as the American Law Institute, in reforming and shaping civil justice. Never has it been less true that we live under the rule of law. Congress, agencies and the courts make the law, but they are driven by those who have a large financial stake in the outcome. Today, those with power shape the character of products liability law, at every turn.

Administrative Implementation of Civil Rights
Administrative Implementation of Civil Rights

Author: Joseph Parker Witherspoon

Publisher: University of Texas Press

Published: 2014-08-19

Total Pages: 590

ISBN-13: 0292766521

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The civil rights problem of the mid-twentieth century was one of the greatest challenges to the American social fabric since the Civil War. Riots in scores of cities, and serious intergroup tensions and conflicts in thousands more, underlined the seriousness of the problem. Administrative Implementation of Civil Rights examines the role, operation, and contribution of the device most often relied on by local and state governments for dealing with intergroup problems—the human- relations commission. First used in the early 1940s to deal with discrimination against blacks, this commission was later often charged with implementing the civil rights of other minority groups and of women, the elderly, the handicapped, and the poor. It is Joseph Parker Witherspoon’s thesis that the human-relations commission was not used effectively, that an agency of this type has great strengths that most local and state governments did not utilize, and that its weaknesses are susceptible of remedy and must be eliminated. He explains these weaknesses and develops proposals for correcting them. Witherspoon examines the roles of the local, state, and federal governments in solving this country’s complicated and serious civil rights problem and demonstrates that a program that carefully coordinates action by the federal government with action by local and state governments could be made to work effectively. As a part of this demonstration he proposes the enactment of a new form of comprehensive civil rights legislation at local, state, and national levels, and presents a series of four model statutes—the Alpha Model Acts—for effectuating his proposals. The approach emphasized in these statutes greatly strengthens the role of the human-relations commission as a law-enforcement agency and, in particular, focuses the operation of federal and state action upon life in the individual community. The book concludes with a group of appendices listing all state and many local commissions and agencies handling human-relations problems at that time, and summarizing the type of authority, the jurisdiction, the operating budget, and the legislative basis for each. This list will be of interest to those studying the history of civil rights and public policy in the United States.