Failures of American Civil Justice in International Perspective

ISBN-10: 1107693799
ISBN-13: 9781107693791
Edition: 2012
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Description: Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized  More...

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Book details

List price: $30.99
Copyright year: 2012
Publisher: Cambridge University Press
Publication date: 12/13/2012
Binding: Paperback
Pages: 344
Size: 5.75" wide x 8.75" long x 1.00" tall
Weight: 1.034
Language: English

Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany, and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems. It is intended to be accessible to people with a general knowledge of a modern legal system.

James R. Maxeiner is an Associate Professor of Law at the University of Baltimore. Before entering academia he spent more than two decades in the international practice of law, first with the United States Department of Justice and then as Vice President and Associated General Counsel of Dun and Bradstreet, Inc. He is a former Fellow of the Alexander von Humboldt Foundation and guest researcher of the Max Planck Institutes in Hamburg, Freiburg and Munich. He is a member of the American Law Institute.

Philip K. Howard is the author of The Death of Common Sense: How Law is Suffocating America. In this book, Howard explains how America's system of government regulation has created bureaucracy, an overabundance of lawsuits, and a legal system that has run amok. Howard discusses his views of how judgment and commonsense have been replaced by distorted rules and regulations that hurt justice more than they help it. Philip K. Howard was born on October 24, 1948, in Atlanta, Ga. After graduating from Yale University and the University of Virginia Law School, he set up a successful private practice. In addition to his writing activities, he has served as a consultant for various government agencies.

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