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Litigating Employment Discrimination Cases
by Andrew FriedmanLitigating Employment Discrimination Cases Most employment discrimination books deliver black-letter law and omit strategies, pitfalls, and forms. Andrew H. Friedman's Litigating Employment Discrimination Cases takes a more practical approach. Focusing on evaluation, discovery, summary judgment, and mediation, this affordable strategic guide delivers proven tactics, pattern arguments, common mistakes, and model forms for experienced plaintiff and defense lawyers. The book's collection of over 180 forms includes: * Engagement letters * Complaints * Demand letters * Deposition outlines * Pattern interrogatories * Requests for production * Mediation briefs and letters * Settlement agreements * Juror questionnaires * Motions in limine Litigating Employment Discrimination Cases is packed with pattern arguments supported by thousands of recent cases with parentheticals and pinpoint citations, pleadings, motions, discovery documents, deposition outlines, pitfalls to avoid, and, most importantly, practice-proven tactics and techniques. Some of the areas covered include: Discovery * Defending employer's efforts to interview the plaintiff. * Controlling ancillary proceedings. Summary judgment * Summary judgment oriented deposition tips for employers. Pretrial * Common defense motions in limine, with extensive case authorities on stray remarks and me-too evidence. * Strategies and citations for opposing these defense motions.
Litigating Health Rights: Can Courts Bring More Justice to Health?
by Alicia Ely Yamin Siri GloppenThe last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes cases studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly-and what the overall impacts on health equity are.
Litigating International Law Disputes
by Natalie KleinLitigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law.
Litigating Judicial Selection
by Herbert M. KritzerIn the United States and elsewhere, the questions of who should serve as a judge and how these judges should be chosen are increasingly contested. In Litigating Judicial Selection, Herbert Kritzer examines these questions with a comprehensive analysis of judicial-selection litigation over time and place. With a data set of over 2,000 cases from around the world, Kritzer offers new insight into the judicial selection by way of in-depth statistical analysis and an extensive narrative description of several important case studies. This book should be read by anyone seeking insight into the way judges are selected in the twenty-first century.
Litigating Neck and Back Injuries
by Michael MorseTested Forms and Strategies for Proving Neck and Back Cases Soft tissue injury cases are plagued with challenges. The injury cannot be proven objectively with an X-ray, malingerers have tarnished the credibility of the entire claim category, and initial settlement offers can be pitifully low. As a result, these common claims will test your resourcefulness. Special techniques are required, and you can find them in Michael Morse's Litigating Neck & Back Injuries. His practical book is filled with creative strategies for making the injury more tangible, and model forms for improving your advocacy. Litigating Neck & Back Injuries explains in detail the medical and legal aspects of common neck and back injuries, focusing on how to win larger settlements with better discovery, negotiation and trial techniques. Maximize neck and back injury awards with this practical collection of battle-proven pleadings, discovery documents and questionnaires, practice checklists, demonstrative evidence, and novel techniques. This book-and-Digital Access package will help you: * Deal with skeptical insurance adjusters * Quantify pain and suffering * Estimate future lost wages * Win over the plaintiff's physician * Refute common defenses * Understand and explain medical test procedures * Challenge medical exam results * Depose and cross-examine medical experts * Depose and cross-examine the defendant * Overcome proof problems * And much more Prove what seems unprovable. Litigating Neck and Back Injuries will help you build a solid case of liability and damages. Some of the helpful information includes: Injury diagnosis and proof * 16 objective tests of the severity of soft tissue injuries. §1:300 * Checklists for determining sources of neck and back pain. §3:60 Settlement * A checklist of damage claims to consider in all neck and back injury cases. §1:230 * Tips for dealing with adjusters. §8:120 Pretrial * A table of causes of action correlated to likely defendants. §1:350 * Sample complaints. §1:360 Illustration Gallery The Illustration Gallery contains 90 anatomically accurate, illustrations of the head and spine, created by professional medical illustrator Chris Brown. Use these illustrations to help your treating physician document your client's injuries and/or blow them up for use at trial.
Litigating Sexual Harassment & Sex Discrimination Cases
by Aaron B. MaduffSexual harassment litigation frequently combines high stakes with challenging facts. Witnesses rarely exist, sensitive personal issues can surface, differing federal and state laws regularly overlap, and on-the-spot advice is frequently required. Careful and effective advocacy is essential to success. Affordable help is available. Aaron Maduff's Litigating Sexual Harassment & Sex Discrimination Cases leads you step-by-step through problem areas like these: * Sidestepping statute of limitations traps * Assessing client's claims and injuries * Avoiding removal to federal court * Opposing summary judgment motions * Deposing harassers * Deposing and examining experts * Proving "he-said, she-said" cases * Admitting and excluding sensitive evidence
Litigating Transnational Human Rights Obligations: Alternative Judgments (Routledge Research in Human Rights Law)
by Mark Gibney Wouter VandenholeHuman rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law. This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character. The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.
Litigating the Pandemic: Disaster Cascades in Court (Critical Studies in Risk and Disaster)
by Susan M. SterettAs officials scrambled in 2020 to manage the spread of COVID, the reverberations of the crisis reached well beyond immediate public health concerns. The governance problems that emerged in the pandemic would be problems in other climate-related disasters, too.Many of these governance problems wound up in court. Businesses filed insurance claims for lost commerce; when the claims were denied, some companies sued. Defense attorneys tried to get inmates released from prison, citing dangerous living conditions. As state governments ordered closures and otherwise tried to adapt, interest organizations that had long sought to limit government authority challenged them in court. Political officials railed against litigation they argued would stop businesses from reopening. The United States, like other countries, governs partly through litigation, and litigation is one way of seeing the multiple governance failures during the pandemic.Drawing on databases of cases filed, news reports, and the websites of advocacy groups and law firms, Susan M. Sterett argues that governing during the pandemic, or in any disaster, must include the human institutions intertwined with the effects of the virus. Those institutions reveal problems well beyond the reach of technical expertise. Failures in private insurance as a way of governing risk, conflicts about the primacy of religion, government authority, and health, are problems that predated the pandemic and will persist in future disasters.
Litigating the Politics of Human Rights: Contemporary U.S. Culture Wars on Trial (Ius Gentium: Comparative Perspectives on Law and Justice #121)
by Sonja C. GroverThe cases analysed involve litigation concerning a disparate range of contemporary US culture wars including equity in access to public services unrestricted by religious bias, resistance to the teaching of historical facts relating to racial tensions in America including the so-called ‘critical race theory’ debate, the right of schoolchildren to exposure concerning a diversity of views, current USSC litigation about US university admissions policy that considers ‘race’ (ethnicity) as one factor amongst many in admission, contemporary cases concerning the constitutionality of US abortion law grounded on Roe v Wade and the scope of State and indigenous sovereign powers These contemporary culture war US landmark cases are then compared to similar cases in non-US jurisdictions and courts to consider in more depth the underlying core issues in these cases. The book highlights the risk to a democracy of recasting fundamental human rights litigation as essentially nothing more than the sorting out of political quagmires and cultural conflicts best left to the discretion of government rather than the courts. Then, the major risk is that constitutional controversies will increasingly not be decided by an independent judiciary but rather by self-interested politicians as the courts more often than not decline to weigh in on highly sensitive human rights controversies. A further risk is that instead such cases will be decided through a judicial majoritarian political lens rather than a largely apolitical consensus judicial opinion constructed by both philosophically left leaning (so-called liberal) and right leaning (so-called conservative) jurists.
Litigating the Rights of the Child
by Ton Liefaard Jaap E. DoekThis book examines the impact of the UN Convention on the Rights of the Child (CRC) on national and international jurisprudence, since its adoption in 1989. It offers state of the art knowledge on the functions, challenges and limitations of the CRC in domestic, regional and international children's rights litigation. Litigating the Rights of the Child provides insight in the role of the CRC in domestic jurisprudence in ten countries from different parts of the world, with civil law, common law and Islamic law systems. In addition, it offers analyses of the jurisprudence of regional courts, in Europe and the Americas, and of human rights treaty bodies, including the Human Rights Committee, Committee on the Elimination of Discrimination against Women and the African Committee of Experts on the Rights and Welfare of the Child. This book presents a global and comparative picture on the use of the CRC in litigation and identifies emerging trends. This book serves as an important source of reference and inspiration for academics, students, legal professionals, including judges and lawyers, and (inter)national organisations working in the area of children's rights.
Litigation Communication
by Thomas BekeThe book is a brief journey through centuries and jurisdictions and expands on examples of enactment practices of states that support, challenge or even reject communication during pending litigations. England, as the main representative of a jurisdiction, suggests communication solutions potentially different than the practice in the United States where litigation communication first time occurred. Accordingly, the author offers a comprehensive analysis and detailed historical narrative of the positions of various jurisdictions in relation to communication in the legal process. As a kind of applied legal history, the book provides an exploration of historical events that were significant in a legal communication context and addresses their implications for modern enactments. The account looks at the history of regulations to allow a better understanding of the strict rules that have often been cited over the years support or restrict communication in the legal process. The author provides the reader with proper contexts on different judicial and communication considerations, as well as the collaboration of legal and public relations experts, in a particular form of crisis and reputation management, in the litigation process. As such, this book is an attempt to present an accurate and thoughtful account of the theory and history of litigation communication, which is directly relevant in various debates such as the work on the meaning and context of the Contempt of Court Act in England or the American First and Sixth Amendments in different centuries.
Litigation Services Handbook: The Role of the Financial Expert
by Roman L. Weil Daniel G. Lentz Elizabeth A. EvansThe comprehensive "bible" for financial experts providing litigation support The Litigation Services Handbook is the definitive guide for financial experts engaged in litigation services. Attorneys require financial experts now more than ever, and this book provides the guidance you need to provide a high level of service as witness and consultant. Enhance your litigation skills as you delve into the fine points of trial preparation, deposition, and testimony; project authority under examination, and hold up to tough questions under cross-examination. Fraud investigations are a major component of litigation support services, and this book delves deep into Sarbanes-Oxley compliance and other relevant topics to give you a foundational understanding of how these cases are prosecuted, and your role as the financial services expert. This updated sixth edition includes new coverage of technology's role in the financial expert's practice, and the focus on investigations provides practical insight from leading experts in the field. From the process itself to proving damages, this indispensable reference covers all aspects of litigation services. Providing litigation support requires more than just your financial expertise; you also need a working knowledge of relevant case law, and a deep understanding of both the litigation process and the finer points of courtroom appearances. This book provides the insight and perspective you need to provide superior service to attorneys and their clients. Understand your role in trial preparation and testimony presentation Provide authoritative responses to direct and cross examination Examine and analyze Sarbanes-Oxley rulings Lend financial expertise to fraud investigations The growing demand for financial expert litigation services has created a niche market for CPAs, creating a lucrative opportunity for qualified accountants who also possess the specialized knowledge the role requires. The Litigation Services Handbook is THE essential guide for anyone involved in financial litigation.
Litigation in Otolaryngology: Minimizing Liability and Preventing Adverse Outcomes
by Peter F. Svider Jean Anderson Eloy Soly Baredes Shawn P. KellyThis text, edited by experienced academic and private otolaryngologists at different points in their careers, as well as an attorney, reviews the current literature related to otolaryngology malpractice litigation, and discusses strategies to decrease liability and enhance patient safety. It examines the most recent trial decisions in otolaryngology and determines which procedures are most commonly litigated in the current medicolegal environment. The text provides otolaryngologists with tips and pearls on how to prevent malpractice litigation, and discusses key actions to take when faced with malpractice litigation. Strategies for minimizing liability as well as the factors brought up in malpractice litigation related to otolaryngology – head and neck surgery are also discussed.Litigation In Otolaryngology will be a useful resource for all involved in the care of otolaryngologic patients (physicians, nurse practitioners, physician assistants, etc.), those concerned with the legal aspect of such care (including malpractice attorneys), and healthcare policy makers.
Litigation in the Technology and Construction Court (Construction Practice Series)
by Adam Constable QC Lucy Garrett QC Calum LamontThe Technology and Construction Court ("TCC") deals with legal cases that often require specialist technical expertise. This can lead to complex and sometimes lengthy proceedings. In light of the Jackson reforms and developments in cost controls in the TCC, the manner in which claims are handled is of paramount commercial importance to lawyers and lay clients alike. This book provides a practical, but intellectually informative guide to dealing with proceedings in the TCC. Looking at the different types of claims which are commonly, and not so commonly, brought in this court, it considers different potential approaches to such claims depending on the circumstances in which parties find themselves. This is a genuine practitioners’ guide, with the principal focus on expeditious, cost-effective case management. Construction practitioners at the Bar, solicitors, adjudicators, arbitrators, and in-house counsel alike, will all find it an invaluable reference for their practice.
Litigation, Costs, Funding and Behaviour: Implications for the Law
by Willem H. van BoomThis collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation and professional ethics. The contributors include renowned scholars, experts in their respective fields and well-versed individuals in both civil procedure and the practice of litigation, arbitration and finance. Together, they present a broad approach to the issues of costs, cost-shifting rules and third-party funding. This volume adds to the existent literature in combining topics in law and practice and presents an analysis of the most recent developments in this fast developing area.
Litigation-PR: Alles was Recht ist
by Alexander Schmitt-Geiger Andreas Köhler Lars Rademacher Alice SchwarzerDieses Buch fasst die aktuelle Diskussion um die Bedeutung und Funktion der strategischen Rechtskommunikation zusammen. Ausgehend vom amerikanischen Vorbild hat sich die Kommunikationsberatung in und um Gerichtsverfahren in Deutschland und Europa sprunghaft ausgebreitet. Im vorliegenden Band kommen wichtige Vertreter der theoretischen Fundierung und Weiterentwicklung des Feldes ebenso zur Sprache wie die führenden Vertreter der Praxis auf Seiten des Journalismus, der Staatsanwaltschaften bzw. Gerichte und der Beratung.
Little Book of Biblical Justice: A Fresh Approach To The Bible's Teachings On Justice
by Chris Marshall"The purpose of this Little Book is to identify some characteristic features of the Bible's teaching on justice. "The Bible has had a profound impact on the development of Western culture. So exploring biblical perspectives on justice can help us appreciate some of the convictions and values that have helped shape Western political and judicial thought. "Christians also regard the Bible as a uniquely important source of guidance on matters of belief and practice. What the Bible has to say about justice, therefore -- both social justice and criminal justice -- ought to be of great significance for Christian thought and action today. "Yet coming to grips with biblical teaching on justice is by no means easy." Upfront, Marshall addresses the many complexities that surround "justice" in the Bible: the Bible seems to hold conflicting points of view; there is a huge amount of data to deal with; the world of the Bible and our present world are vastly different. Marshall's honest treatment of this subject is direct, yet almost lyrical in tone. He manages a thorny, multi-faceted subject clearly and ultimately singles out the broad areas of theological agreement among the Bible's writers. Highly stimulating. Highly inspirational.
Little Book of Circle Processes: A New/Old Approach To Peacemaking
by Kay PranisOur ancestors gathered around a fire in a circle, families gather around their kitchen tables in circles, and now we are gathering in circles as communities to solve problems. The practice draws on the ancient Native American tradition of a talking piece. Peacemaking Circles are used in neighborhoods to provide support for those harmed by crime and to decide sentences for those who commit crime, in schools to create positive classroom climates and resolve behavior problems, in the workplace to deal with conflict, and in social services to develop more organic support systems for people struggling to get their lives together. A title in The Little Books of Justice and Peacebuilding Series.
Little Book of Dialogue for Difficult Subjects: A Practical, Hands-On Guide
by Lisa SchirchThe word "dialogue" suffers from over-use, yet its practice is as transforming and as freshly hopeful as ever. Authors Schirch and Campt demonstrate dialogue's life and possibilities in this clear and absorbing manual: "Dialogue allows people in conflict to listen to each other, affirm their common ground, and explore their differences in a safe environment." Schirch has worked throughout the Southern hemisphere in peacebuilding projects. Campt has focused on racial and class reconciliation in American cities.
Little Book of Family Group Conferences New Zealand Style: A Hopeful Approach When Youth Cause Harm
by Allan MacRaeFamily Group Conferences (FGCs) are the primary forum in New Zealand for dealing with juvenile crime as well as child welfare issues. This third volume in The Little Books of Justice and Peacebuilding Series is about the juvenile justice system that is built around these conferences. Since their introduction in New Zealand, Family Group Conferences have been adopted and adapted in many places throughout the world. They have been applied in many arenas including child welfare, school discipline, and criminal justice, both juvenile and adult. In fact, FGCs have emerged as one of the most promising models of restorative justice. This Little Book describes the basics and rationale for this approach to juvenile justice, as well as how an FGC is conducted. A title in The Little Books of Justice and Peacebuilding Series.
Little Book of Healthy Organizations: Tools For Understanding And Transforming Your Organization (Little Books Of Justice And Peacebuilding Ser.)
by David BrubakerThe best way to change the world may be one organization at a time. With this ambitious claim, the authors of this highly readable primer provide insightful analysis for evaluating and improving the health of any organization. They advocate a "systems approach," which views organizations as living systems, interconnected in their various departments, and interfacing with their environments. Leaders of organizations from all sectors will find sound advice concerning the four major components of organizations -- their structure, leadership, culture, and environment. Find out: What the classic dispute over "who gets the corner office" is really about. The difference between a good leader and a great one. What new hires may know about an organization that longer-term employees don't. How organizational change and conflict are not only inevitable, but survivable. Each chapter contains examples from the authors' varied experiences with organizational change and conflict, written from a spirited, hopeful approach for creating a better world. A title in The Little Books of Justice and Peacebuilding Series.
Little Book of Listening: Listening as a Radical Act of Love, Justice, Healing, and Transformation (Justice and Peacebuilding)
by John A. Moore Sharon Browning Donna Duffey Fred Magondu Patricia A. WayA practical guide to listening well in restorative justice programs and any relationship.The Little Book of Listening is an introduction to and practical guide for listening as an emergent strategy for creating a transformed world. It presents radical listening as an essential macro-skill, one that is essential in forming &“right relationships&” with ourselves and others that are the necessary prerequisite to all lasting forms of social change. This is a collaborative book, constructed from the contributions of twenty-six listeners from a wide variety of backgrounds who have shared their strategies, experiences, inspiration, and hopes for a transformed world through listening justly and equitably. One of the primary goals of the book is to offer practical tools for readers to develop the skills to listen to themselves and others more effectively, drawing attention to the barriers and filters that so often distract us from listening. Another goal is to inspire readers through the personal stories of how just listening has impacted the authors and invite readers to adopt these approaches themselves. Finally, we aim for this text to be a resource for practitioners in the fields of justicebuilding and peacebuilding. Conversations are how humans explore new ideas and reach new understandings: paradigms shift and the world is changed by our communication with each other. Whatever processes are used, it is imperative that facilitators and participants listen deeply, humbly, and attentively, without ego or agenda, to themselves and to one another.
Little Book of Restorative Justice for Colleges & Universities: Revised & Updated
by David KarpHere’s a call to colleges and universities to consider implementing restorative practices on their campuses, ensuring fair treatment of students and staff while minimizing institutional liability, protecting the campus community, and boosting morale. From an associate dean of student affairs who has put these models to work on his campus. Restorative justice is a collaborative decision-making process that includes victims, offenders, and others who are seeking to hold offenders accountable by having them (a) accept and acknowledge responsibility for their offenses, (b) to the best of their ability, repair the harm they caused to victims and communities, and (c) work to reduce the risk of re-offense by building positive social ties to the community. David Karp writes in his introduction, "As a student affairs administrator, I have become deeply committed to the concept and practice of restorative justice. I have experienced how it can work given the very real pressures among campus conduct administrators to manage high case loads, ensure fair treatment, minimize institutional liability, protect the campus community, boost morale in a division with high turnover, and help students learn from their mistakes without creating insurmountable obstacles to their future successes. "
Little Book of Restorative Justice for People in Prison: Rebuilding The Web Of Relationships (The\little Books Of Justice And Peacebuilding)
by Barb ToewsRestorative justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is helping restore prisoners' sense of humanity while holding them accountable for their actions. Toews, with years of experience in prison work, shows how these practices can change prison culture and society. Written for an incarcerated audience, and for all those who work with people in prison, this book also clearly outlines the experiences and needs of this under-represented part of our society. A title in The Little Books of Justice and Peacebuilding Series.
Little Book of Restorative Teaching Tools for Online Learning: Games and Activities for Restorative Justice Practitioners (Justice and Peacebuilding)
by Lindsey Pointer Kathleen McGoeyCreating Restorative Learning Experiences Online Teaching, training, and gathering online has become a global norm since 2020. Restorative practitioners have risen to the challenge to shift restorative justice processes, trainings, and classes to virtual platforms, a change that many worried would dilute the restorative experience. How can people build relationships with genuine empathy and trust when they are not in a shared physical space? How can an online platform become an environment for people to take risks and practice new skills without the interpersonal support available when meeting face to face? This book provides instructions for experiential games and activities that are intentionally designed for online learning spaces. It builds upon the core concepts of restorative pedagogy introduced in The Little Book of Restorative Teaching Tools (2020) to guide trainers and facilitators to overcome perceived limitations of virtual training and lean into the tools and possibilities that are unique to online spaces to create meaningful, engaging restorative learning environments. This guide is a valuable resource for anyone seeking to build community and foster development of restorative justice knowledge and skills via online platforms. The games and activities included support building relationships, introducing the restorative justice philosophy, practicing key skills, and understanding and addressing structural and racial injustices. More resources are available at restorativeteachingtools.com.