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Why Lawsuits are Good for America: Disciplined Democracy, Big Business, and the Common Law (Critical America)
Download Ebook Why Lawsuits are Good for America: Disciplined Democracy, Big Business, and the Common Law (Critical America)
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Review
“A classic demonstration of why democracy and citizen participation are crucial to fair, effective, accountable governance. This book is essential reading for every citizen.”-Scott Harshbarger,President of Common Cause“A sorely needed corrective to the ceaselessly negative, factually distorted tirades aimed at the torts system by those seeking to prevent victims from shifting the costs of accidents to responsible wrongdoers.”-Joseph A. Page,Georgetown University Law Center“Why Lawsuits are Good for America is lively, provocative, and well researched. Professor Bogus does an excellent job of debunking lawsuit "horror stories" that have been promoted by some academics and all too many politicians. This ambitious book makes a persuasive argument that juries are not out of control, but rather play an important role in American government. Anyone who has heard of the McDonald’s hot coffee case should read this book.”-Ross Cheit,Brown University“With gripping tales and careful analysis, Carl Bogus demonstrates that some of the greatest public safety innovations in the last century, such as dramatic improvements in automobile safety, were spawned not through legislation or regulation, but through private lawsuits demanding corporate accountability. More effectively and engagingly than anything I have read in some time, Why Lawsuits Are Good for America challenges what we thought we knew about tort law and makes clear why we should care.” -Jon D. Hanson,Harvard Law School“An intellectual triumph. Carl Bogus not only debunks the political mythologies of ‘tort reform’ but rises eloquently to the defense of centuries of American common law. The unsung citizen jury has found a lucid champion in Professor Bogus, who tells a gripping story about the history of civil justice in our nation. This is a stirring and visionary work.”-Jamin B. Raskin,American University
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About the Author
Carl T. Bogus is Associate Professor at Roger Williams University School of Law in Rhode Island.
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Product details
Series: Critical America
Paperback: 265 pages
Publisher: NYU Press (July 1, 2003)
Language: English
ISBN-10: 0814799167
ISBN-13: 978-0814799161
Product Dimensions:
6.1 x 0.7 x 9.2 inches
Shipping Weight: 12.8 ounces (View shipping rates and policies)
Average Customer Review:
3.5 out of 5 stars
5 customer reviews
Amazon Best Sellers Rank:
#1,646,406 in Books (See Top 100 in Books)
I have long been curious about the value of lawsuits in America because I consult on a number of them as an expert witness. This book articulates many of the ideas that I have developed over the years but had not clearly formulated. The author expresses his ideas very well and makes his arguments effectively so that I am convinced now that the law does a service by allowing citizens to sue in order to redress their grievances. My experience is that these cases are legitimate but Bogus presents the evidence that on the whole this is a healthy process for the country and provides discipline to our democracy. The book is more interesting than I expected and quite well written. The book deals with the gender pronouns (he/she) effectively and in several cases he made me smile reading she where my bias jumped ahead and thought he. I recommend it.
The author's central argument is that product liability lawsuits are an essential vehicle for enabling citizens to impose societal values on powerful corporations. The market can't do this because the profit motive can encourage corporate behavior that unfairly imposes business's costs on the public. Government regulation is often hamstrung by the pressures powerful competing interests bring to bear on the political process. But, combined with important safeguards built into the judicial process, juries bring diverse life experiences, societal mores, and a gut-level sense of fairness to important issues that impact citizens' lives. The common law enables the community to extract information from hard-to reach places and to provide a democratic check on the powerful. I would say the author made his case.
Thsi book does a great job of describing and defining the two distinct roles of our civil justice system - (1) to compensate victims and (2) to regulate conduct. This book could not be more timely a read for those interested in casting an educated vote in the 2002 elections. President Bush, supported by big business, as tried more than once during the past year to pass federal legislation to give corporate america a free ride. This book explains why "tort reform" is so important to big business and why they are willing to spend so much to put politicians in office that will trade the public's constitutional rights for campaign contributions. After spending the first few chapters with a historical perspective on our jury system and debunking more than a few rumers started by the tort "deformers" the author turns to hsi focus on the area of products liability. This section may be a little over the heads of those that have no experience with the legal system. Not withstanding, I think even the basic reader will understand from the authors examples the grip corporate america has on our government. I think the author does a good job of supporting his words with facts and this book has a wealth of statistical information for anyone who finds themselves entrenched in the war on our civil justice system. I wish I had enough money to buy a copy for every politicians I know.
This well-written book helps debunk any assumption that the title "Why Lawsuits Are Good For America" may contain an oxymoron. Mr. Bogus describes a common law system that is very recognizable to those of us who practice law in America today. Jurors take their responsibilities very seriously. Jurors are fully capable of finding facts and applying nuanced statements of the law and crafting reasoned verdicts. Keep this book in your library and refer to it when you hear others fretting about whether jurors can handle emotional or big dollar cases.
The problem with this book is that it doesn't adress important issues facing our legal system today. If for example Ford motor company manufactures a SUV with a faultly shock system that fails and causes the truck to roll over resulting in serious injury or death, clearly we have an open and shut case where Ford is completely liable and you can certainly bet that Ford is going to make sure that problem never happens again. But that's obvious. Anyone who knows little to nothing about the law understands full well that a company who is found to have a faulty product will increase their standards and work feverishly to fix the product in order to prevent future legal action. Carl T. Bogus has taken simple ideas like those and twisted them around to create a driving force for his political agenda, and baseless political agenda no less."And although the public was largely unaware of it, George W. Bush's 'tort reform'-which seeks to constrict the ability of individuals to sue corporations-was a major factor in his raising unprecedented sums for his presidential candidacy." The public? Carl you're a law professor at an over priced, second rate university in the middle of Rhode Island. How does that give you a divine right to claim that you know more than the average person about the Bush administration and allow you to make an accusation like that based on no fact at all? Where are the fact checkers at NYU press anyways?To the contrary when George W. Bush is speaking in terms of tort reform he is referring to torts that actually need reform. Let's look at Johnny Edwards (former vice presidential running mate to John Kerry) who specializes in malpractice suits specifically involving children born with cerebral palsy. He claims that if doctors had immediately performed Caesarean sections then the babies would have been spared the affliction. The results of such lawsuits have yielded 4 times as many C-sections performed since 1970, yet the number of children born with cerebral palsy has remained constant. In fact cerebral palsy is linked to fetal brain injury long before labor begins. Edwards has avoided cases where the children died at birth because typically juries only award roughly $500,000 in those situations. In 1985 Edwards was on a case dealing with a girl named Jennifer Campbell, a 5 year old with cerebral palsy, which ended up being an award of 6.5 million dollars for the plaintiffs. This is what president Bush means by "tort reform". In simple terms someone who spills a cup of hot coffee on themselves while pulling away from a drive through window should NOT be awarded any type of damage. Cases like these undermine the goals of the framers of the Constitution of the United States of America and place individuals freedoms in jeopardy. We have seesaws vanishing from playgrounds, emergency-room staff blocked from attending to patients off hospital grounds even if they can see them bleeding to death just 30 feet away, "Caution HOT" warning labels on cups of coffee that a Chimpanzee could identify as "hot" without referring to a warning label, removing of harmless 10 Commandment Icons from parks and courthouses, and Godless Pledges of Allegiances. This is the America we live in. As a professor of Law Mr. Bogus should be required to teach the "LAW"; NOT the principles of the Democratic party. This book is the result of an egotistical, politically driven, liberal professor at a law school that offers a free bowl of soup with every degree. I wish I had more hands so I could give this book four thumbs down.
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