Contemporary Civil Litigation (Aspen Elective Series)

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Overview

Award-winning teacher and best-selling author Stephen Yeazell presents Contemporary Civil Litigation, the first coursebook to explore the forces that drive modern litigation. This concise (600-page) text focuses on emerging topics—such as how an evolving bar impacts litigation, new tools of litigation finance, innovative forms of settlement, and the changing politics of legal practice and judging.

Contemporary Civil Litigation offers cutting-edge teaching support and a host of features:

A fascinating examination of the complex problems of a “simple litigation,” and the strategic and tactical choices inherent in “ordinary practice”
• Incisive units that focus on the dynamics of civil litigation, contemporary practice, and life as a lawyer
Timely and dynamic source material drawn from trade press, litigation documents, recent statistical data and settlement agreements, and new forms of practice
• an illuminating discussion of how litigation finance affects litigation outcomes, offering real insight into the challenges for both for-profit and non-profit law practices
an integrated view of bar and judicial discipline that helps students to understand the different constraints against which lawyers and judges operate
a complete set of MindManager™ maps that perform double-duty as both teaching instruction and in-class presentation tools, with hyperlinks to available online materials that illustrate course concepts

A fresh take on civil litigation from an inspiring author, Contemporary Civil Litigation presents the opportunity to teach emerging topics in courses or seminars on civil litigation, professional responsibility, advanced civil procedure, and practice of law.

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Product Details

  • ISBN-13: 9780735562462
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 11/4/2009
  • Series: Elective Series
  • Pages: 608
  • Product dimensions: 7.00 (w) x 9.90 (h) x 1.30 (d)

Table of Contents

INTRODUCTION

A. Goals and Means
B. This Course and the Rest of Law School

UNIT 1—LAWYERS, CLIENTS, AND CIVIL LITIGATION

A. Lawyers: Who We Are, How We Make a Living
B. Litigation: How Much, About What, and with What Outcome?
C. Clients: Representation as the Hinge of Litigation Dynamics
D. Clients Finding Lawyers, Lawyers Finding Clients
E. Lawyers as Agents: The Problem of Divided Loyalties

UNIT II—FINANCING LITIGATION: BASIC FINANCING MECHANISMS

A. Litigation Costs and Payment Systems
B. Practice Organization & Litigation Finance: A Contemporary Taxonomy
C. Changes & Challenges—Developments in Litigation Finance

UNIT III—SETTLEMENT: THE LAW AND STRATEGY OF LITIGATION RISK CONTROL

A. Settlement as a Consequence of Modern Procedure
B. The Basic Law of Settlement
C. Beyond the Basics: Nuanced Risk-Control
D. Controlling Risks on Multiple Axes-Multi-Party Settlement
E. Settlement Practices As Torts
F. Settlement Strategy
G. Assisted Settlement, Coerced Settlement

UNIT IV—JUDGES

A. Overview—Why Judges Matter, What They Do
B. Selecting Judges
C. Disciplining Judges
D. Recusing Judges
E. Recusal, Judicial Elections and Due Process

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