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Since 1960, powerful and influential law firms in America have shifted from professional service organizations to profit-oriented businesses. To explain how and why this transformation has occurred and how it has affected both lawyers and clients, Profit and the Practice of Law examines the histories of the eight largest firms in Atlanta, Georgia, and similar firms around the country. Over the past thirty-six years, the number of lawyers in the United...
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After thirty years, the debate over antitrust's ideology has quieted. Most now agree that the protection of consumer welfare should be the only goal of antitrust laws. Execution, however, is another matter. The rules of antitrust remain unfocused, insufficiently precise, and excessively complex. The problem of poorly designed rules is severe, because in the short run rules weigh much more heavily than principles. At bottom, antitrust is a defensible...
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Retired Justice Macklin Fleming argues that in its quest for money, the legal profession has lost sight of its true responsibilities, with the result that the profession is rife with client dissatisfaction, public distrust, and discontented lawyers. Money is now the measure of success, while honesty is diluted, and fiduciary responsibility continues to erode. Reforms are needed: unless they come first from the firms themselves, lawyers can be sure...
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"Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the 'republican form of government' the Constitution requires. Today, courts enforce the Constitution as if it had almost nothing to say about this threat. But as Joseph Fishkin and William Forbath show in this retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of...
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"The hits keep coming for the American legal profession. Law schools are churning out too many graduates, depressing wages, and constricting the hiring market. Big Law firms are crumbling, as the relentless pursuit of profits corrodes their core business model. Modern technology can now handle routine legal tasks like drafting incorporation papers and wills, reducing the need to hire lawyers; tort reform and other regulations on litigation have had...
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"Argues that America's strong and sizable middle class is actually embedded in the framework of the nation's government and its founding document and discusses the necessity of taking equality-establishing measures, "--NoveList.
"In this original, provocative contribution to the debate over economic inequality, Ganesh Sitaraman argues that a strong and sizable middle class is a prerequisite for America's constitutional system. For most of Western...
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The Constitution Besieged offers a compelling reinterpretation of one of the most notorious periods in American constitutional history. In the decades following the Civil War, federal and state judges struck down as unconstitutional a great deal of innovative social and economic legislation. Scholars have traditionally viewed this as the work of a conservative judiciary more interested in promoting laissez-faire economics than in interpreting the...
Description
The book concludes that in a global economy the burden-some regulations of foreign countries deserve attention, but increasingly so do the burdens that American adversarial legalism imposes on this country and sometimes on others. Ideas and prospects for correcting the problem are discussed throughout.
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