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Record Nr. |
UNINA9910810504603321 |
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Titolo |
American illness [[electronic resource] ] : essays on the rule of law / / edited by F.H. Buckley |
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Pubbl/distr/stampa |
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New Haven, : Yale University Press, 2013 |
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ISBN |
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Edizione |
[1st ed.] |
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Descrizione fisica |
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1 online resource (344 p.) |
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Altri autori (Persone) |
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Disciplina |
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Soggetti |
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Law - United States |
American essays |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Nota di bibliografia |
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Includes bibliographical references and index. |
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Nota di contenuto |
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Frontmatter -- Contents -- Acknowledgments -- 1. The Rule of Law in America -- 2. An Exceptional Nation? -- Are Americans More Litigious? Some Quantitative Evidence -- Lawyers as Spam: Congressional Capture Explains Why U.S. Lawyers Exceed the Optimum -- Regulation and Litigation: Complements or Substitutes? -- Does Product Liability Law Make Us Safer? -- The American Illness and Comparative Civil Procedure -- The Proportionality Principle and the Amount in Controversy -- The Allocation of Discovery Costs and the Foundations of Modern Procedure -- Does Increased Litigation Increase Justice in a Second-Best World? -- A Tamer Tort Law: The Canada- U.S. Divide -- The Expansion of Modern U.S. Tort Law and Its Excesses -- Regulation, Taxation, and Litigation -- An English Lawyer Looks at American Contract Law -- Text versus Context: The Failure of the Unitary Law of Contract Interpretation -- Exit and the American Illness -- The Dramatic Rise of Consumer Protection Law -- How American Corporate and Securities Law Drives Business Offshore -- Corporate Crime, Overcriminalization, and the Failure of American Public Morality -- The Legacy of Progressive Thought: Decline, Not Death, by a Thousand Cuts -- Overtaking -- The Rule of Law and China -- Reversing -- Contributors -- Index |
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Sommario/riassunto |
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This provocative book brings together twenty-plus contributors from the fields of law, economics, and international relations to look at whether the U.S. legal system is contributing to the country's long |
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postwar decline. The book provides a comprehensive overview of the interactions between economics and the law-in such areas as corruption, business regulation, and federalism-and explains how our system works differently from the one in most countries, with contradictory and hard to understand business regulations, tort laws that vary from state to state, and surprising judicial interpretations of clearly written contracts. This imposes far heavier litigation costs on American companies and hampers economic growth. |
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