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Medical Injuries Compensation Reform Act: Unconstitutional Until Proven Otherwise

Richard L. Abel

in Lawyers on Trial: Understanding Ethical Misconduct

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199760374
eISBN:
9780199827077
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199760374.003.0003
Subject:
Law, Legal Profession and Ethics

Overcharging and neglect are the two most common client complaints. Lawyers must not “enter into an agreement for, charge, or collect an illegal or unconscionable fee”. This chapter focuses on the ... More


6. Component Costs: Analysis

Lynn M. Lopucki and Joseph W. Doherty

in Professional Fees in Corporate Bankruptcies: Data, Analysis, and Evaluation

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195337723
eISBN:
9780199893942
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195337723.003.0006
Subject:
Law, Company and Commercial Law

Chapter 3 explored the determinants of total professional fees and expenses. This chapter explores the determinants of the two principal components of those fees and expenses: the fees and expenses ... More


EXPLICIT PROPORTIONALITY PRINCIPLES IN DISCRETE AREAS OF AMERICAN JURISPRUDENCE

E. Thomas Sullivan and Richard S. Frase

in Proportionality Principles in American Law: Controlling Excessive Government Actions

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195324938
eISBN:
9780199869411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195324938.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter discusses explicit proportionality principles in the Supreme Court's constitutional jurisprudence and also reviews the internal inconsistencies in the Court's analysis. The first section ... More


Compensating Plaintiffs’ Attorneys

A. Sloan Frank and M. Chepke Lindsey

in Medical Malpractice

Published in print:
2008
Published Online:
August 2013
ISBN:
9780262195720
eISBN:
9780262283809
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262195720.003.0006
Subject:
Economics and Finance, Public and Welfare

This chapter focuses on limitations for lawyers’ contingent fees. Such limitations represent a partial incomes policy, one which redistributes income from plaintiffs’ lawyers to physicians and ... More


Costs and Fees

DINAH SHELTON

in Remedies in International Human Rights Law

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207534
eISBN:
9780191708794
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207534.003.0012
Subject:
Law, Human Rights and Immigration

The lack of financial resources can be a major hindrance to recourse to international or national human rights mechanisms. Despite the obvious need of many applicants to legal aid, no issue divided ... More


Changing the Incentives: Leaving Rights and Removing Remedies

Sarah Staszak

in No Day in Court: Access to Justice and the Politics of Judicial Retrenchment

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199399031
eISBN:
9780190221713
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199399031.003.0006
Subject:
Political Science, American Politics

This chapter examines reform efforts aimed at either protecting groups of individuals or government actors from being sued or limiting the remedies that incentivize pursuing a legal proceeding. By ... More


The Market for Legal Services: Contingent Fees

Eyal Zamir

in Law, Psychology, and Morality: The Role of Loss Aversion

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199972050
eISBN:
9780190215064
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199972050.003.0003
Subject:
Law, Philosophy of Law

Against the backdrop of the debate over the desirability of contingent-fee arrangements as a method of financing civil litigation, this chapter analyzes how loss aversion, and people’s different ... More


Post-1975 Amendments

Ruth Colker

in Disabled Education: A Critical Analysis of the Individuals with Disabilities Education Act

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814708101
eISBN:
9780814708002
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814708101.003.0005
Subject:
Education, Early Childhood and Elementary Education

This chapter discusses Congress's attempts to amend the Education for All Handicapped Children Act (EAHCA), which was later replaced by the Individuals with Disabilities Education Act (IDEA), after ... More


Remedies

Martin Davies and David V. Snyder

in International Transactions in Goods: Global Sales in Comparative Context

Published in print:
2014
Published Online:
August 2014
ISBN:
9780195388183
eISBN:
9780199382590
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388183.003.0008
Subject:
Law, Company and Commercial Law

This chapter emphasizes how remedies permeate all aspects of commercial transactions: not just dispute resolution but everything else, from negotiation and contract formation through performance and ... More


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