The Common Flaw – Needless Complexity in the Courts and 50 Ways to Reduce It
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The Common Flaw – Needless Complexity in the Courts and 50 Ways to ...
Book Hero Magic created this recommendation. While it's new and still learning, it may not be perfect - your feedback is welcome! IS THIS YOUR NEXT READ?
"The American lawsuit is riddled with needless complexity. This book proposes fifty changes-that decide cases promptly-more on the facts than the law-more for the parties than the lawyers-more for the consequences to the people and the public-and in words we can all understand"--
A sitting judge makes the compelling argument that we should simplify lawsuits to create a more humane and accessible legal system.
Americans are losing faith in their courts. After long delays, judges often get rid of cases for technical reasons or force litigants to settle rather than issue a decision. When they do decide cases, we can't understand why.
The Common Flaw seeks to rid the American lawsuit of this needless complexity. The book proposes fifty changes, from the filing of a complaint in court to the drafting of appellate decisions, to replace the legal system’s formalism with a kind of humanism. Thomas G. Moukawsher calls for courts that decide cases promptly based more on the facts than the law, that prioritize the parties involved over lawyers, that consider the consequences for the people and the public, and that use words we can all understand.
Sure to spark an important conversation about court reform, The Common Flaw makes the case for a more effective and credible legal system with warmth and humour, incorporating cartoons alongside insightful reflection.
Book Hero Magic summarised reviews for this book. While it's new and still learning, it may not be perfect - your feedback is welcome! HOW HAS THIS BEEN REVIEWED?
Critics praise Moukawsher's bold proposals for court reform and his challenge to traditional legal practices. The Los Angeles Review of Books highlights his invigorating approach, while the Vermont Bar Journal commends the clear, engaging style and effective use of cartoons. Library Journal notes the clarity and practicality of the book, and Pennsylvania Lawyer appreciates the thoughtful big-picture perspective on justice administration.
Book Details
INFORMATION
ISBN: 9781684581641
Publisher: Brandeis University Press
Format: Hardback
Date Published: 25 September 2023
Country: United States
Imprint: Brandeis University Press
Audience: Professional and scholarly
DIMENSIONS
Width: 6.0mm
Height: 9.0mm
Weight: 250g
Pages: 240
About the Author
Thomas G. Moukawsher is a Connecticut complex litigation judge. He is a former cochair of the American Bar Association Committee on Employee Benefits. He is a member of the Madison Council advisory board of the Library of Congress and is a sustaining life fellow of the American Bar Foundation.
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