The Principal's Quick-Reference Guide to School Law: Reducing Liability, Litigation, and Other Potential Legal Tangles
Average customer rating: 5 out of 5 stars
  • Very good
  • ESSENTIAL IN THE HOSTILE NCLB ERA
The Principal's Quick-Reference Guide to School Law: Reducing Liability, Litigation, and Other Potential Legal Tangles
Dennis R. Dunklee , and Robert J. Shoop
Manufacturer: Corwin Press
ProductGroup: Book
Binding: Paperback

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ASIN: 1412925940

Book Description

"The authors have taken a topic which could cover volumes, and produced a concise, easily understood desk reference that I have already used on the job."
-Stephen Handley, Principal
Terry High School, MS

"Written in easy-to-read, straightforward language, The Principal's Quick-Reference Guide to School Law neatly addresses longstanding and emerging issues that impact daily school operations."
-
From the Foreword by Charles J. Russo

Minimize site-based risk while respecting the legal rights of students, staff, and parents!

Principals deal with complicated and potentially damaging legal issues every day . . . and now there’s an accurate, accessible tool, written in plain English that can give administrators the information they need to do their jobs while minimizing legal risk. While retaining the reader-friendly format from their first edition, Dennis R. Dunklee and Robert J. Shoop-recognized school law experts-provide additional programmatic guidance for other school district personnel, "management cues" and "risk management guidelines," a comprehensive index, additional references to landmark court cases, coverage of the No Child Left Behind Act, and information on state-created danger and deliberate indifference.

This second edition helps school administrators quickly find important legal guidance for issues that include:

This essential desk reference offers a straightforward resource on translating school law into practice and can be used as a day-to-day reference guide or a comprehensive overview of school law today.

Customer Reviews:

5 out of 5 stars Very good.......2007-05-12

I used this book for a class. It is easy to read and a good reference.

5 out of 5 stars ESSENTIAL IN THE HOSTILE NCLB ERA.......2006-09-21

as we see schools labor under a system designed for failure, the same business model which has bankrupt the once mighty GM corporation by seeking endlessly expanding horizons of AYP, in which teachers suffer similar mal-practice suits as doctors and suffer other liabilities and empty self-interested accusations of misconduct, in which schools face a myriad labrynth of hostile and near vindictive legislation, this tome serves as essential ally for every educator and must be read and fully memorized.

Buy this book and save our schools, and your job!

BEcause of the potent political anti-public education powers currently legislated and at work the authors walk a delicate thin line between being comprehensive and cautious, and often hedge their objective reporting with curious contortions in order to keep access and not step on powerful toes. Kind of like public schools nowadays in this hotly political climate.

The Mediation Field Guide: Transcending Litigation and Resolving Conflicts in Your Business or Organization
Average customer rating: Not rated
    The Mediation Field Guide: Transcending Litigation and Resolving Conflicts in Your Business or Organization
    Barbara Ashley Phillips
    Manufacturer: Jossey-Bass
    ProductGroup: Book
    Binding: Hardcover

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    ASIN: 078795571X

    Book Description

    At last--the definitive one-stop guide for anyone who wants to know what mediation is and how it works. The Mediation Field Guide is a comprehensive primer that is filled with practical strategies for elevating conflict resolution to a process that can effectively resolve business, personal, community, and institutional disputes on multiple levels. Throughout the book, expert mediator Barbara Ashley Phillips provides insights into both the simplicity and complexity of the inner workings of mediation that will enable you to use the process with the skill and finesse of a professional mediator.
    Economic Approaches to Intellectual Property Policy, Litigation, and Management
    Average customer rating: Not rated
      Economic Approaches to Intellectual Property Policy, Litigation, and Management

      Manufacturer: NERA Economic Consulting
      ProductGroup: Book
      Binding: Paperback

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      5. Intellectual Property Stories 2005 Intellectual Property Stories 2005

      ASIN: 0974878812
      Release Date: 2005-09-01

      Product Description

      Over the past century, the value and importance of intellectual property has grown rapidly worldwide. While it is crucial for companies to successfully manage their intangible assets, they face difficult questions in attempting to navigate the complex business and legal environment that surrounds IP rights.

      Economic Approaches to Intellectual Property Policy, Litigation, and Management discusses real-world tools and strategies at the forefront of economic thinking about many of todays most prominent intellectual property issues. Co-edited by Dr. Gregory K. Leonard and Dr. Lauren J. Stiroh, this book is an anthology of 23 articles by economists associated with NERA, whose analyses have played a crucial role in numerous landmark legal and regulatory cases. The chapters explore topics ranging from the valuation of IP damages to intellectual property rights protection in China and the antitrust implications of standard setting and patent pools.

      The book addresses such key questions as:
      How should the owner of IP rights be compensated when those rights are violated?
      What role should antitrust and competition policy play in intellectual property matters?
      How can companies more accurately assess their R&D investments and strategies?
      Should emerging economic powers implement and enforce more stringent intellectual property rights?

      Economic Approaches to Intellectual Property Policy, Litigation, and Management should prove to be of interest to economists, lawyers, policy makers, executives managing IP portfolios, and law and business schools
      Insult to Injury: Insurance, Fraud, and the Big Business of Bad Faith (Bk Currents)
      Average customer rating: 4.5 out of 5 stars
      • A family tradegy!
      • Insurance Company Practices Exposed--But What to Do?
      • Don't quit your day job...
      • Very Informative!
      • Offers a new Perspective...
      Insult to Injury: Insurance, Fraud, and the Big Business of Bad Faith (Bk Currents)
      Ray Bourhis
      Manufacturer: Berrett-Koehler Publishers
      ProductGroup: Book
      Binding: Hardcover

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      ASIN: 1576753492

      Book Description

      Joan Hangarter bought a disability policy in 1990 to protect her in case of serious illness. When she did become disabled a decade later, she ended up homeless and on welfare when the company refused to pay. With the help of her attorney, Ray Bourhis, she fought back, winning a $7.7 million verdict against the company.
      In "Insult to Injury, Bourhis walks readers through this case study in bad faith double-dealing by insurance providers. Bourhis, a national champion of policy-holder rights, uses an engaging narrative style to reveal the back-room strategic mind-set that drives these illegal practices, how low-level employees are duped into unethical conduct, and how insurers manipulate data and witnesses in the few cases that do go to trial. He also explains the key regulatory oversights that encourage such corruption, and how the American legal system actually facilitates insurer fraud. "Insult to Injury closes with a roadmap to reform -- advice no one who holds a policy can afford to ignore.

      Customer Reviews:

      5 out of 5 stars A family tradegy!.......2007-05-13

      The author gives us an inside look at what happens when someone goes through the process of filing a disability claim and being denied benefits. This book does an excellent job of preparing you to handle a very difficult process that could lead you to personal and financial
      disaster.

      5 out of 5 stars Insurance Company Practices Exposed--But What to Do?.......2006-07-30

      Ray Bourhis has done a masterful job of telling the story of his client, Joan Hangartner, (and several others) in their battle with the Unum-Provident disability giant. This book is an easy read that will terrify anyone who is thinking about making a claim against a disability insurance policy. As Bourhis points out, Unum is no worse than any of the others--the disability insurance companies have "done the math" and figure out that denying valid claims and forcing people to litigate for years if very profitable for the companies.

      The disability insurance companies don't care about getting hit every once in a while like the massive verdict he got on behalf of Dr. Hangartner... their profits are still enormous. Bourhis also does a great job (discouraging as it is) of showing how most states lack any real "bad faith" laws that can be used to discourage the disability insurance companies from continuing to look after themselves before their insureds. Finally, Bourhis accurately shows that there is no effective meaningful oversite of the insurance industry by the federal government.

      Simply, it takes lawsuits like his to break down the veil of secrecy that the insurance companies hide behind.

      In short, if you like to read legal non-fiction, (and you like, for example the Gerry Spence books about his trials) then you will enjoy this book

      1 out of 5 stars Don't quit your day job..........2006-03-14

      When you read this book it is very clear that Mr. Bourhis is writing it from a plaintiff's attorney point-of-view. Which is fine, just accept that fact when you read the book and know that the book is very one-sided and filled with only partial truths.

      In his book he slays insurance companies, UnumProvident in particular, for not being fair, objective, or reasonable in their claim handling practices. Mr. Bourhis is neither fair, objective, nor reasonable in his depiction of insurance claims.

      Mr. Bourhis clearly thinks a lot more of himself and his legal prowess. His writing skills, however, leave a lot to be desired. I had to laugh at some of his descriptions of UnumProvident employees. Example - "I don't know where insurance companies find these people but Ryan seemed like yet another excessively clean-cut looking guy - the kind of fellow you might expect to see wearing a white uniform and selling ice cream cones at Disneyland."

      What did you think, Mr. Bourhis, that insurance companies only hire the "wolves in sheep's' clothing"? Did you expect all claim examiners to look like witches and ogres out to terrorize the villagers and eat their children? This is, after all, another vicious attempt by insurance companies to charm and disarm the claimant so they can swoop in for the kill, you know.

      You will also notice how he refers to the employees primarily by their last names in an attempt to de-humanize those individuals. If they seem less human - less like your brother, sister, neighbor, or friend - it is a lot easier to hate them and vilify them as he has done in his book.

      5 out of 5 stars Very Informative!.......2005-12-26

      Insult to Injury" focuses on a disabled chiropractor driven to the brink by an insurance company (UnumProvident) that unjustly denied her claim for benefits; the "good news" is that Bourhis and his associates were eventually able to right the wrong after a long legal battle made incredibly difficult by the company's calculated mendacity and the industry's success in prior lobbying of Congress and state legislatures.

      When Dr. Hangarter first purchased her disability policy from Paul Revere Insurance, companies made their profits primarily on double-digit investment profits. However, the market changed and the companies found themselves under increasing pressure. In the meantime, Dr. Hangarter was injured providing treatment to a patient, and despite significant efforts at treatment, had to give up her practice and rely on disability payments from Paul Revere. Eventually Revere was sold and then became part of UnumProvident, and Dr. Hangarter's world was turned upside down.

      New corporate leadership was brought in and began a deliberate policy of searching for ways to deny benefits - goals were set, customers were lied to regarding whether they could appeal and what was covered, expert testimony was slanted through incomplete information, documents destroyed, and the disabled often forced to go through lengthy, risky, and expensive litigation to collect. Possibly most frustrating of all (to me) was the fact that even when the company lost, it simply continued the same practices with other customers, and made it as difficult as possible for those victims to learn of the firm's already uncovered pattern of deceit.

      Eventually because of all the resulting bad publicity UnumProvident's CEO was "forced out," given a $17 million payment, and all his cronies were left behind. Not much of a victory for truth and virtue. Meanwhile, President Bush touts his efforts and legislative victory to make righting such wrongs more difficult, and most state insurance commissioners and laws remain toothless. (California was a fortunate exception.)

      "Insult to Injury" also goes a long way towards explaining why large punitive damages are sometimes necessary in the absence of innate corporate honesty and laws that mandate such.

      And now we're reading about insurance companies and how they are managing to not pay Hurricane Katrina victims.

      4 out of 5 stars Offers a new Perspective..........2005-10-05

      It shows the worse of the worse in the insurance industry. I came away wondering if the all the money I spend on medical, auto, home and life is actually buying me something. Maybe I need reinsurance for my insurance. What a mess?

      I always assumed they charged an appropriate rate for the risk and numbers. If they made a mistake like they made foreseeing interest rates, the new policies holders just paid more in premiums.

      In the end, the case was made for higher punitive damages. I still struggle with this. It seems to me companies who are doing this much wrong by the numbers need to be deterred. But I still have trouble seeing dollars that large going to a few plaintiffs. I am not sure if this is where the class action suits come into play. I don't what the fix is but my gut says there must be a better way to punish them. One thing for sure is it needs to be stopped.
      A Case About Amy (Health, Society, and Policy)
      Average customer rating: 5 out of 5 stars
      • Great Book about a Great Person
      • A Time Odyssey
      A Case About Amy (Health, Society, and Policy)
      R. C. Smith
      Manufacturer: Temple University Press
      ProductGroup: Book
      Binding: Paperback

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      ASIN: 1566394120

      Book Description

      The Rowley family's struggle began when Amy entered kindergarten and culminated five years later in a pivotal decision by the U.S. Supreme Court. In effect, the Court majority concluded that the Individuals with Disabilities Education Act did not mandate equal opportunity for children with disabilities in classes with typical children; a disappointing decision for disability advocates.

      The Supreme Court decided that schools were required only to provide enough help for children with disabilities to pass from grade to grade. The Court reversed the lower courts' rulings, which had granted Amy an interpreter, setting a precedent that could affect the quality of education for all individuals with disabilities.

      From the time Amy entered kindergarten in Peekskill, New York, her parents battled with school officials to get a sign language interpreter in the classroom. Nancy and Clifford Rowley, also deaf, struggled with officials for their own right to a communications process in which they could fully participate. Stuck in limbo was a bright, inquisitive child, forced to rely on partial lipreading of rapid classroom instruction and interaction, and sound amplifiers that were often broken and always cumbersome.

      R.C. Smith chronicles the Rowley family's dealings with school boards, lawyers, teachers, expert consultants, advocates, and supporters, and their staunch determination to get through the exhaustive process of presenting the case time after time to school adjudicative bodies and finally the federal courts. The author also documents his own "coming to awareness" about how the "able" see the "disabled."

      Customer Reviews:

      5 out of 5 stars Great Book about a Great Person.......2004-11-23

      The Amy in this book is near and dear to my heart. And that is not because she shares the same name as me. Or that i find her story to be inspiring and uplifting. Rather i cherish this book because Amy was my teacher in college.

      No, I am not deaf, nor hard of hearing. Rather I am an Occupational Therapist.

      Amy was my sign teacher at Mt. Mary College and she brought to us a wealth of knowledge that has known little equal.

      People talk about imersion schooling, that is what it was like with Amy. There was no talking just signing learning and growing. First with baby steps and then with leaps and bounds. She was not teaching us about how to communicate with her world... but rather how our world needs to open our eyes and communicate with hers.

      This story is a great reflection of Amy's life. What her life was and the things that her parents fought and advocated for helped to form the truly magnicifient person that she is. As a result she has a special inner light that shines for all to see.

      I now work in a school system, much thanks to Amy. Without her inspiration i don't know if would have choosen this path. It is not easy to fight for my kids to get them the services they need. Its never as easy as it could be... kids need services but money always drives that bottom line.

      Perhaps this is a good book for any parent to read that has a child with special needs. Weather that special need means IEP or 504 it should matter not. We all have to advocate for the little ones... they are our hearts and our souls. If we be not the Gladiators to defeat the Lions... then I know not who will be the voice of those who have none.....

      5 out of 5 stars A Time Odyssey.......2000-07-20

      A Case about Amy by R.C. Smith. 1996. Temple University Press. 322 pages.

      Smith takes a reader on a time odyssey (1976-1982) to witness a struggle of the Deaf parents of a Deaf daughter, Amy Rowley, and a hearing son endured through the maze of an education and court systems in their quest towards an equal opportunity for Amy enrolled in a public school.

      His book, which took Smith about 12 years of researching and interviewing, illustrates how the systems of power could be shifted into their favor by manipulating the interpretation of loosely worded in Section 504 of the Rehabilitation Act of 1973. And later in Education for All Handicapped Children Act of 1975 (PL 94-142), which was renamed Individual with Disabilities Act (IDEA). Instead of accepting the lower court's order to provide Amy Rowley a sign language interpreter, the school board appealed and argued over the definition of "equal opportunity" versus "full potential" or "appropriate education" that went all the way to Supreme Court.

      Along that time odyssey Smith introduced the family's lawyer, Michael Chatoff, who turned deaf in his 20s and how he overcame unjust discrimination against him as he was striving to become the lawyer he was and argued the case for Rowleys at Supreme Court. Smith is successful in presenting an objective insight of the politics, controversial issues, and everyone revolving around and inside the community of Deaf citizens.

      A reader may be stunned to learn that the judges of Supreme Court did not scrutinize the Act that was passed in Congress, and they decided that since her achievement tests scores proved that even without a sign language interpreter Amy was getting an appropriate education. As a result, the definition of "appropriate education" or "full potential" won over "equal opportunity." This decision was also cost effective for a public school to avert providing a sign language interpreter for Amy.

      Hence, from that time odyssey, a reader questions the true intention of society at large in educating bright deaf children like Amy. Does the school board ever encourage deaf children to accomplish beyond the standard academic achievement expected of average hearing children?
      Crisp: Rightful Termination: Avoiding Litigation (A Fifty-Minute Series Book)
      Average customer rating: 5 out of 5 stars
      • Excellent gem of a book
      Crisp: Rightful Termination: Avoiding Litigation (A Fifty-Minute Series Book)
      Richard Stiller
      Manufacturer: Crisp Learning
      ProductGroup: Book
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      ASIN: 1560522488

      Book Description

      When managers are faced with having to dismiss an employee, termination can be made easier by understanding the process involved. This book is designed to help correct the myths and misconceptions, and to explain the legal ramifications of employee termination.

      Customer Reviews:

      5 out of 5 stars Excellent gem of a book.......2003-08-01

      This book has been around for a while. I didn't know it existed until I had to deal with some people problems at my job and lacking anyone who could really help me, a colleague recommended that I purchase a copy of "Rightful Termination: Avoiding Litigation".

      As a manager who had to deal with some pretty tough personnel issues at work, this book really helped me get through the rough spots. I just followed the steps outlined by the authors. The book was easy to read and understand without dumbing down the subject matter. I recommend this book as good reading for anyone who has people reporting to them
      My City Was Gone: One American Town's Toxic Secret, Its Angry Band of Locals, and a $700 Million Day in Court
      Average customer rating: 5 out of 5 stars
      • Dennis Love Pens A Superb Book
      My City Was Gone: One American Town's Toxic Secret, Its Angry Band of Locals, and a $700 Million Day in Court
      Dennis Love
      Manufacturer: William Morrow
      ProductGroup: Book
      Binding: Hardcover

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      3. The Yiddish Policemen's Union: A Novel The Yiddish Policemen's Union: A Novel

      ASIN: 0060585501
      Release Date: 2006-08-15

      Book Description

      Highway 202 veers west from Anniston,
      Alabama, population 24,000, as if it suddenly
      just decided to get the hell out of town. . . .

      Powerful and important, My City Was Gone is the cautionary tale of how a hardworking small town was destroyed by the very forces that created it. Anniston, Alabama, was once a thriving industrial hub, home to a Monsanto chemical plant as well as a federal depot for chemical weapons. Now its notoriety comes from its exceptionally high cancer rate—some 25 percent above the state norm—and the town's determined citizens, who joined together and struck back at the corporation that employed them—and poisoned them.

      Dennis Love's bold, gripping narrative unfolds through the stories of three Annistonians: David Baker, the black community activist and environmental folk hero who would lead the charge against the polluters; Chip Howell, the white mayor who defended and provided political cover for the army; and the author himself, a native son who shares his memories and offers compelling insight as the events unfold. Throughout, Love introduces a diverse collection of citizens—heroes and villains, bystanders and victims—whose experiences put a human face on this modern tragedy.

      "Anniston—," Love writes, "created from whole cloth to serve exclusively at the pleasure of commerce, a Reconstruction-era `model city' envisioned by its profiteering yet starry-eyed founders as a Utopian centerpiece of the Industrial Age—became the victim of a staggering, even historic, environmental double-whammy, brought on by the harsh, consumptive legacy of its longstanding paternal influences, the twin gods of Industry and National Defense."

      As provocative and timely as Erin Brokovich or A Civil Action, My City Was Gone is a magnificently told true story of ordinary citizens in a small Southern town who led a legendary fight against corporate pollution and wrongdoing.

      Customer Reviews:

      5 out of 5 stars Dennis Love Pens A Superb Book.......2006-08-28



      BOOK REVIEW
      A chronicle of small-town lifeand what almost destroyed it
      By Robert Braile, Globe Correspondent | August 28, 2006

      My City Was Gone: One American Town's Toxic Secret, Its Angry Band of Locals, and a $700 Million Day in Court
      By Dennis Love
      Morrow, 344 pp., $25.95

      In ``My City Was Gone," Dennis Love's superb book on Anniston, Ala., the journalist at one point meets his old Anniston Star editor for a drink. Love had left his job and hometown years earlier, restless for change. He ended up in California, adrift at 40.

      ``Then he swung back around on me," Love writes about the editor. `` `Listen,' he said, and I could see him taking me in with a long hard look. `Don't lose track of who you are. Don't distance yourself from the people and places that make you distinctive.' He drained his glass and looked at me again. `Don't get too far from home.' "

      Love returned home by writing ``My City Was Gone." It displays his talents as a reporter and memoirist in exploring one of America's darkest environmental nightmares, that of the Monsanto Corp oration 's chemical pollution of Anniston and the military's storage and incineration there of a massive stockpile of Cold War chemical weapons.

      But this book is more than eco-drama, a trend that surged in 1995 with Jonathan Harr's ``A Civil Action" and has thrived since. Love suggests a deeper theme -- that he and Anniston were fated long ago to become who and what they are, and that no one can get too far from home.

      In a poignant, punchy, New Southern voice, Love probes his life, those of activist David Baker and Mayor Chip Howell, and the late-19th-century ``manufactured" creation of Anniston itself, to make the Faulknerian point that we are our pasts, destined for better or worse to reflect our origins, no matter how far we stray.

      Anniston's historic patriotism, industrialism, utopianism, and isolationism made it ripe for abuse by Monsanto and the military. Yet its decency, among other traits, helped it prevail over that abuse, evident in a landmark $700 million payout in 2003 by Monsanto and a subsidiary to settle lawsuits against the companies. As for Love, he suggests his place in life turned out to be the very one he had sought to flee, Anniston.

      ``But Anniston did change," Love writes at the end, gazing at his high school football field. ``I turned my back for only a moment -- or maybe it was twenty years -- and a great reckoning came to pass. People like Chip Howell and David Baker left town and went to college or the big city and came home to lead armies and make decisions and write history, so that childhoods like theirs and mine could be replicated on floodlit football fields and all the other places where young people grow up and learn about life and the living of it. Maybe they even did it so that knights-errant like me could wander to the ends of the earth and then return, if only to make sure that the old home place still stands in the mist, like Tara. And Anniston persists, by God, having nearly died and the stronger for it, different and the same, a place where an old ghost can sit on a hill on a timeless night and gaze down on what is gone forever and still there."



      © Copyright 2006 The New York Times Company

      Risk Management And Litigation in Obstetrics And Gynaecology
      Average customer rating: Not rated
        Risk Management And Litigation in Obstetrics And Gynaecology

        Manufacturer: Martin Dunitz
        ProductGroup: Book
        Binding: Paperback

        GeneralGeneral | Law | Subjects | Books
        Medical Law & LegislationMedical Law & Legislation | Family & Health Law | Law | Subjects | Books
        GeneralGeneral | Medicine | Subjects | Books
        Obstetrics & GynecologyObstetrics & Gynecology | Specialties | Medicine | Subjects | Books
        Forensic MedicineForensic Medicine | Pathology | Specialties | Medicine | Subjects | Books
        Obstetrics & GynecologyObstetrics & Gynecology | Surgery | Medicine | Medical | Professional & Technical | Subjects | Books
        Forensic MedicineForensic Medicine | Pathology | Internal Medicine | Medicine | Medical | Professional & Technical | Subjects | Books
        All TitlesAll Titles | Qualifying Textbooks - Fall 2007 | Stores | Books
        ASIN: 1853154806
        The Manager's Guide to Resolving Legal Disputes: Better Results Without Litigation
        Average customer rating: Not rated
          The Manager's Guide to Resolving Legal Disputes: Better Results Without Litigation
          James F. Henry , and Jethro Koller Lieberman
          Manufacturer: Harpercollins
          ProductGroup: Book
          Binding: Hardcover

          GeneralGeneral | Business & Investing | Subjects | Books
          Civil ProcedureCivil Procedure | Procedures & Litigation | Law | Subjects | Books
          Civil ProcedureCivil Procedure | Procedures & Litigation | Law | Professional & Technical | Subjects | Books
          ASIN: 0060154497
          Bending the Law: The Story of the Dalkon Shield Bankruptcy
          Average customer rating: 3.5 out of 5 stars
          • Exciting at times, dry at others
          • How judges work the law
          • Very detailed story of the litigation
          Bending the Law: The Story of the Dalkon Shield Bankruptcy
          Richard B. Sobol
          Manufacturer: University Of Chicago Press
          ProductGroup: Book
          Binding: Hardcover

          BankruptcyBankruptcy | Business | Law | Subjects | Books
          Product LiabilityProduct Liability | Business | Law | Subjects | Books
          GeneralGeneral | Law | Subjects | Books
          Health LawHealth Law | Family & Health Law | Law | Subjects | Books
          Non-US Legal SystemsNon-US Legal Systems | Perspectives on Law | Law | Subjects | Books
          Private LawPrivate Law | Law | Subjects | Books
          Health LawHealth Law | Family & Health Law | Law | Professional & Technical | Subjects | Books
          ASIN: 0226767523

          Book Description

          Winner of the American Bar Association's 1992 Silver Gavel Award "in recognition of an outstanding contribution to public understanding of the American system of law and justice."

          "Mr. Sobol has produced a readable yet fully researched and detailed study of the operation of the bankruptcy and its effects upon all concerned—the women who were injured, the swarms of lawyers who represented parties in the bankruptcy, and the court which oversaw the bankruptcy in Richmond. . . . This book adds greatly to the current debate about how strong a managerial federal judge our system should have."—Paul D. Rheingold, New York Law Journal

          "Bending the Law is polemical and relentless. It is also minutely researched, fluidly written, and persuasive."—Paul Reidinger, ABA Journal

          "Bending the Law is a must read for bankruptcy practitioners, and for anyone else concerned about the use of bankruptcy law to deal with mass torts. Although its author is a civil rights lawyer, he details the subtle art of practicing bankruptcy law with a discerning eye, and is a gifted storyteller as well."—Joryn Jenkins, Federal Bar News and Journal

          "This is an accessible history of the case by a veteran civil-rights lawyer."—Washington Post Book World

          Customer Reviews:

          2 out of 5 stars Exciting at times, dry at others.......2006-04-18

          Unfortunately, I found it more dry then exciting. It helps to have a working knowledge of bankruptcy cases, but with this case so immense, the cast of characters grew so large and confusing I had to take notes to keep them straight. Probably the best resource out there that deals with the fallout of the Dalkon Shield case, but be forewarned, I emitted a cheer when I was finally through this.

          4 out of 5 stars How judges work the law.......2000-08-30

          The book is concerned with a number of tortious claims for punitive damages brought against the A H Robins Company for its reckless marketing of a contraceptive device called the Dalkon Shield. As juries across the United states begin to award huge punitive damages against the pharmaceutical company it becomes obvious that the survival of the company depends upon the outcome of the litigation.

          At this stage enter the figure of federal District Judge Robert Merhige - someone who would be called a strong judge by any standards. Merhige manages the consolidation of outstanding cases before him in his court in Richmond, Virginia and, when the A H Robins Company seeks protection behind Chapter 11 bankruptcy, also manages the bankruptcy.

          The book is a real eye-opener as to what happens when a strong judge takes a certain view of a case. Merhige is determined to achieve a particular outcome and the combined efforts of the best plaintiffs' tort lawyers in the US are unable to prevent him having his way. Merhige has a hide like that of a rhinoceros - his skill and ingenuity enable his controversial actions, which many thought outrageous, to survive all attempts to box him into a corner or get his decisions overturned on appeal.

          His opponents claimed that Merhige should have declined to hear the case on the grounds that he had a clear conflict of interest. The president of AH Robins Company was his near neighbour and the company was the largest employer in Richmond, VA - Merhige's home town. If the Robins Company went out of business there would have been mass unemployment in Richmond. Merhige, however, denied all claims of bias and blandly argued that every action he took was in the interest of the plaintiffs.

          The book provides a fascinating look at how the workings of corporate interests and the legal system combined to override the rights of victims. It's a book to make a feminist's blood boil!

          4 out of 5 stars Very detailed story of the litigation.......1999-07-07

          I enjoyed Sobol's presentation of the litigation story. He presented a thorough and well documented accountof the tragedy that was the Dalkon Shield.

          Books:

          1. The Secret
          2. The Toyota Product Development System: Integrating People, Process And Technology
          3. The Verbally Abusive Relationship: How to Recognize it and How to Respond
          4. The Way We Live by the Sea (Way We Live (Rizzoli))
          5. Therapist's Guide to Evidence-Based Relapse Prevention (Practical Resources for the Mental Health Professional) (Practical Resources for the Mental Health Professional)
          6. Under the Banner of Heaven: A Story of Violent Faith
          7. Understanding and Applying Medical Anthropology
          8. Urban Economics and Real Estate Markets
          9. West's Legal Environment of Business (with Online Business Guide)
          10. What to Do When You Don't Want to Call the Cops: or A Non-Adversarial Approach to Sexual Harassment (A Cato Institute Book)

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