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Title: The Rule of Lawyers: How the New Litigation Elite Threatens America's Rule of Law by Walter K. Olson ISBN: 0-312-28085-8 Publisher: Truman Talley Books Pub. Date: 21 January, 2003 Format: Hardcover Volumes: 1 List Price(USD): $25.95 |
Average Customer Rating: 4.33 (9 reviews)
Rating: 5
Summary: Clear and Direct
Comment: Walter Olsen has done a fine job of analyzing the inherent conflict of interest between the legal profession and Justice and the threat it posses to the ideals of Democracy.
Even those who support our odd system of civil justice will find things to think about.
Rating: 5
Summary: Justice or Calamity
Comment: The author writes that in the 1970s legal writings began proposing that judges create
some new rights to sue noting that some thinkers in the law schools and elsewhere had
come to see lawsuits as a king of surrogate social insurance, identifying deep pockets
from which accident victims might obtain compensation. In addition, law schools began to encourage lawyers to be entrepreneurs. Under this philosophy "...more than half of the nation's GNP would be routed through lawyer's offices. A lot would stay there."
The author states that trial lawyers are usurping the power vested by the Constitution in an elected Congress. He develops his thesis by reviewing the methods used by trial lawyers in litigation involving the tobacco settlement, gun control, silicone breast implants, asbestos, etc. In addition, the book discusses how some states, referred to as "The Jackpot Belt," are overly supportive of class action lawsuits and trial lawyers. In fact one southern town has class action lawsuits as its major industry and their wealthy trial lawyers are its elite citizens.
The text notes that the class action/mass tort litigation business is basically unregulated with the Washington Post newspaper lamenting that "we now have government by and for lawyers," who had "hijacked the public policy for private enrichment" in a "daring inventive and brazen" campaign. The author notes that all pretense of legitimacy was tossed aside when the trial bar referred to itself as a Fourth Branch of government, and notes that "...we allowed the Fourth Branch to seize the historic powers of government while escaping the long-evolved constraints on the abuse of that power."
While lamenting the rule of lawyers, the author notes that rise of the class action lawyers has been facilitated by the failure of congress and legislators to address critical social issues. However, the book ends stating "The new rule of lawyers brings us many evils, but perhaps the greatest is the way it robs the American people of the right to find its own future and pursue its own destiny."
The reader may not agree with the author's approach or all of his conclusions. Nevertheless, this book is worth taking time to read.
Rating: 1
Summary: Pounding square pegs into round holes
Comment: I hestitated before buying this book. It was by someone who worked at a one of those tax deductible foundations suposededly dedicated to improving the planet for their fellow man. Then it was published by St. Martins a house big in quick read mysteries not non fiction books offering social political economic etc. commentary. Well the writer of this book is constantly twisting facts to fit his preconceived conclusions or to say it another way, pounding square pegs into round holes. I am going to demand my money back so I can buy something that dosen't insult my intelligence. I wonder who wrote all those all those five star reviews. I guess you know who.
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Title: The Collapse of the Common Good : How America's Lawsuit Culture Undermines Our Freedom by Philip K. Howard ISBN: 034543871X Publisher: Ballantine Books Pub. Date: 29 January, 2002 List Price(USD): $14.00 |
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Title: The Case Against Lawyers by CATHERINE CRIER ISBN: 0767905040 Publisher: Broadway Pub. Date: 08 October, 2002 List Price(USD): $23.95 |
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Title: Death of Common Sense : How Law is Suffocating America by Phillip K Howard ISBN: 0446672289 Publisher: Warner Books Pub. Date: 01 March, 1996 List Price(USD): $13.95 |
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Title: The Litigation Explosion: What Happened When America Unleashed the Lawsuit by Walter K. Olson ISBN: 0525249117 Publisher: Truman Talley Books Pub. Date: April, 1991 List Price(USD): $24.95 |
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Title: Lawyers, Lawsuits, and Legal Rights: The Battle over Litigation in American Society by Thomas Frederick Burke ISBN: 0520227271 Publisher: University of California Press Pub. Date: 01 October, 2002 List Price(USD): $29.95 |
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