The Lawyer-Judge Bias in the American Legal System

The Lawyer-Judge Bias in the American Legal System

Author: Benjamin H. Barton

Publisher: Cambridge University Press

Published: 2010-12-31

Total Pages: 313

ISBN-13: 1139495585

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Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.


Book Synopsis The Lawyer-Judge Bias in the American Legal System by : Benjamin H. Barton

Download or read book The Lawyer-Judge Bias in the American Legal System written by Benjamin H. Barton and published by Cambridge University Press. This book was released on 2010-12-31 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.

The Lawyer-Judge Bias in the American Legal System

The Lawyer-Judge Bias in the American Legal System

Author: Helen and Charles Lockett Distinguished Professor of Law Benjamin H Barton

Publisher:

Published: 2014-05-14

Total Pages: 312

ISBN-13: 9781139101639

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Explores the far-reaching effects on American law of bias amongst lawyers and judges towards the legal profession in their decision-making.


Book Synopsis The Lawyer-Judge Bias in the American Legal System by : Helen and Charles Lockett Distinguished Professor of Law Benjamin H Barton

Download or read book The Lawyer-Judge Bias in the American Legal System written by Helen and Charles Lockett Distinguished Professor of Law Benjamin H Barton and published by . This book was released on 2014-05-14 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the far-reaching effects on American law of bias amongst lawyers and judges towards the legal profession in their decision-making.

Rebooting Justice

Rebooting Justice

Author: Benjamin H. Barton

Publisher: Encounter Books

Published: 2017-08-01

Total Pages:

ISBN-13: 1594039348

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America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.


Book Synopsis Rebooting Justice by : Benjamin H. Barton

Download or read book Rebooting Justice written by Benjamin H. Barton and published by Encounter Books. This book was released on 2017-08-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.

A Penchant for Prejudice

A Penchant for Prejudice

Author: Linda G. Mills

Publisher: University of Michigan Press

Published: 1999

Total Pages: 220

ISBN-13: 9780472109500

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Challenges the meaning of impartiality in the judicial system


Book Synopsis A Penchant for Prejudice by : Linda G. Mills

Download or read book A Penchant for Prejudice written by Linda G. Mills and published by University of Michigan Press. This book was released on 1999 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenges the meaning of impartiality in the judicial system

The Litigation Explosion

The Litigation Explosion

Author: Walter K. Olson

Publisher: Plume Books

Published: 1992

Total Pages: 408

ISBN-13:

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Twenty years ago, Americans saw lawsuits as a last resort; now they're the world's most litigous people. One of the most discussed, debated, and widely reviewed books of 1991, The Litigation Explosion explains why today's laws encourage us to sue first and ask questions later.


Book Synopsis The Litigation Explosion by : Walter K. Olson

Download or read book The Litigation Explosion written by Walter K. Olson and published by Plume Books. This book was released on 1992 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty years ago, Americans saw lawsuits as a last resort; now they're the world's most litigous people. One of the most discussed, debated, and widely reviewed books of 1991, The Litigation Explosion explains why today's laws encourage us to sue first and ask questions later.

Enhancing Justice

Enhancing Justice

Author: Sarah E. Redfield

Publisher:

Published: 2017

Total Pages:

ISBN-13: 9781634258388

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Book Synopsis Enhancing Justice by : Sarah E. Redfield

Download or read book Enhancing Justice written by Sarah E. Redfield and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

American Legal Systems

American Legal Systems

Author: Toni M. Fine

Publisher: Anderson Publishing Company (OH)

Published: 1997

Total Pages: 148

ISBN-13:

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Book Synopsis American Legal Systems by : Toni M. Fine

Download or read book American Legal Systems written by Toni M. Fine and published by Anderson Publishing Company (OH). This book was released on 1997 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Model Code of Judicial Conduct

Model Code of Judicial Conduct

Author: American Bar Association

Publisher: American Bar Association

Published: 2007

Total Pages: 212

ISBN-13: 9781590318393

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Book Synopsis Model Code of Judicial Conduct by : American Bar Association

Download or read book Model Code of Judicial Conduct written by American Bar Association and published by American Bar Association. This book was released on 2007 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Race Relations for Court Personnel

Race Relations for Court Personnel

Author: Lonzy F. Edwards

Publisher: Magnolia Publishing Company (GA)

Published: 1998

Total Pages: 288

ISBN-13:

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Book Synopsis Race Relations for Court Personnel by : Lonzy F. Edwards

Download or read book Race Relations for Court Personnel written by Lonzy F. Edwards and published by Magnolia Publishing Company (GA). This book was released on 1998 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Enhancing Justice

Enhancing Justice

Author: Sarah E. Redfield

Publisher: American Bar Association

Published: 2017

Total Pages: 0

ISBN-13: 9781634258371

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This book helps explain how many who pride themselves on being fair can be part of a system which is widely seen as unfair by those who have historically been victims of bias and prejudice. The central focus of the book is on the different approaches that courts can use to lessen the impact of implicit bias by "breaking the bias habit."


Book Synopsis Enhancing Justice by : Sarah E. Redfield

Download or read book Enhancing Justice written by Sarah E. Redfield and published by American Bar Association. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book helps explain how many who pride themselves on being fair can be part of a system which is widely seen as unfair by those who have historically been victims of bias and prejudice. The central focus of the book is on the different approaches that courts can use to lessen the impact of implicit bias by "breaking the bias habit."