Lawyers, Lawsuits, and Legal Rights: The Battle over Litigation in American Society

The strength of Burke's book lies in its documentation of basic facts and concrete details important to assessing US actions, including himself. Burke said inmates who "sue for the thicker peanut butter instead of the smooth varieties," New Yorkers who complained of injuries after jumping in front of a subway, students who accused the professor of poor teaching, movie fans who were overweight, and so on.  Scale the stage for reasons like the seats aren't wide enough. He understands that these are not just interesting stories. "It's a tale about the fundamental collapse of American society. The preconditions for a peaceful community life have evaporated. As one book says, greed, character, and controversy outstrip 'common sense.' On the contrary, every few lawyers and legal scholars seem to believe the proceedings have spiraled out of control. . However, Mr. Burke argues, the extreme cases are not representative and that business interests have disproportionately deflected the  "

Burke reveals the idea that Americans as a whole are more susceptible to the procedures than people in other countries. He has conducted studies showing that only 1-2% of Americans injured in accidents claim responsibility or bring lawsuits, and that "only one in eight victims of malpractice lawsuits.  Indeed, he argues, "The United States appears to be riddled with 'lacks,' and people tend to accumulate their resentment rather than suppress it.

Burke provides detailed case studies and examples of litigation's role in environmental policy, including CERCLA (Superfund), which has intensified the fight since the 1980s.  He notes that while criticism of abuses, inefficiencies, and problems caused by procedures are rife, the reforms run counter to the efforts of "a mob of researchers, journalists, public relations experts, and lobbyists. Professor of Law and Politics, it has its roots in procedures drawn from the American constitutional tradition. removing exceptions from government action, and the Environmental Act of the 1970s greatly expanded the role of Parliamentary law, and thus in court, and jurisdiction over each side of the rough aspects of society. ' Burke notes that courts provide a means for activists to attack social problems without appearing to strengthen state power, and are thus the primary means of expanding social reform efforts... 

Burke's book is keen to cite torture reformers and other critics of the procedure. However, Burke appears to be more critical of critics of the procedure than abuse of the legal profession (the observed increase tends to be attributed to legal and historical factors).  I feel out of balance in neglecting or underestimating the serious issues that ought to concern a profession that claims to be committed to truth, justice, and justice. Let me quote a little.  It is undeniable that class action actions have bankrupted an entire industry like asbestos, and that some companies that specialize in such actions have committed widespread (but unpunished) fraud.  Some of them are unaware of the legal profession that all-page personal injury ads feature in all yellow-page books nationwide, others have email addresses like "[...]". Do I realize that this resembles and justifies the kind of “bottom line” idea that is blamed on the recent financial crisis? Virtually all major scams of white-collar companies, including Enron, are backed by lawyers. Very few of these lawyers have been prosecuted. The legal profession has not taken steps to recognize that I and the attorneys of my acquaintances will monitor their members and establish a formal system or organization for independent consideration of their role in American society. ...  instead, in most cases it has hampered the transition to legal reform of the law, which can affect the income or earnings of a large number of members of the profession.

In my particular areas of interest, environmental law and green energy development, a maze-like legal framework was created in the 1970s to prevent environmental risks. I was afraid that strong economic power would employ and influence regulators. Unfortunately, these social structures did not just stop unwanted development. They have come to prevent or delay infrastructure improvement (especially as Professor Kagan has pointed out) and currently hinder the development of important renewable energy sources in the United States. 

I gave the book 4 stars for excellence