In Praise of Litigation (Paperback)

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Description


While the right to have one's day in court is a cherished feature of the American democratic system, alarms that the United States is hopelessly litigious and awash in frivolous claims have become ubiquitous. According to this view, litigation wastes precious resources, stifles innovation and productivity, and corrodes our social fabric and the national character. Calls for reform have sought, often successfully, to limit people's access to the court system. Alexandra Lahav's In Praise of Litigation provides a much needed corrective to this flawed perspective, reminding us of the irreplaceable role of litigation in a well-functioning democracy and debunking many of the myths that cloud our understanding of this role. Exploring cases involving freedom of speech, foodborne illness, defective cars, business competition, and more, the book shows that despite its inevitable limitations, litigation empowers citizens to challenge the most powerful public and private interests and hold them accountable for their actions. In Praise of Litigation shows how our court system protects our liberties and enables civil society to flourish, and serves as a powerful reminder of why we need to protect people's access to justice.

About the Author


Alexandra D. Lahav teaches law at the University of Connecticut and has previously taught at Harvard, Yale, and Columbia law schools. Before becoming an academic she litigated civil rights cases in New York City.
Product Details
ISBN: 9780190079062
ISBN-10: 0190079061
Publisher: Oxford University Press, USA
Publication Date: September 1st, 2019
Pages: 232
Language: English