2,428 research outputs found

    Practice Style and Successful Legal Mobilization

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    Bloom talks about the making of a great cause lawyer. Perhaps not surprisingly, dedication, strong political ties, and superb legal skills all play a role in the making of a great cause lawyer, but so does a somewhat less obvious quality, which Marc Galanter described several years ago as practice style. However, in these case studies, it suggests that the making of a great cause lawyer depends, in part, on practice style. Put differently, how a lawyer approaches legal practice seems to matter for purposes of legal mobilization. In these cases, cause lawyers were more effective at using the law to advance a political agenda when they adopted a more flexible practice style that may more closely resemble that of an ordinary lawyer

    To Be Real: Sexual Identity Politics in Tort Litigation

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    Zen and the Art of Tort Litigation

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    Legal analysis in tort litigation should encourage deeper engagement with the plaintiffs pain and suffering. Focusing more on understanding the causes and experience of human suffering-the Zen approach-will advance traditional tort goals of compensation and deterrence, as well as provide the plaintiff with a more positive litigation experience. This Article argues that current practices in tort litigation place too much emphasis on bodily harm and expert testimony, and unnecessarily position the plaintiff as a victim. Alternatively, a Zen approach recognizes that the body and mind are linked, places greater weight on direct, experiential testimony, and acknowledges the complexity and fluidity of the plaintiff\u27s identity

    The Radiating Effects of Torts

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    Radiating Effects of Torts

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    Blindsight: How We See Disabilities in Tort Litigation

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    Tort litigation operates with a distorted perspective of disability. It suffers from blindsight; it does not see people with disabilities the way they see themselves. Disability advocates emphasize that most people with disabilities lead happy lives. Deeply rooted biases, however, make it difficult for this perspective to be recognized. Tort litigation’s heavy emphasis on medical testimony and its repeated portrayal of plaintiffs as “less than whole” over-emphasize the physical aspects of disability and unfairly depict people with disabilities as tragic. When legal actors embrace these views, they reinforce harmful stereotypes outside the courthouse doors. Newly disabled plaintiffs are also likely to internalize this distorted perspective, as they are repeatedly exposed to it in the course of the litigation. This Article recommends several ways that tort litigation can present plaintiffs with disabilities in more empowering ways, while still recognizing the severity of the injuries involved, and without sacrificing the recovery of hedonic damages or otherwise reducing the plaintiffs’ awards

    An evaluation of the feasibility and validity of a patient-administered malnutrition universal screening tool (‘MUST’) compared to healthcare professional screening in an inflammatory bowel disease (IBD) outpatient clinic

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    Malnutrition is common in inflammatory bowel disease (IBD) and is associated with poor health outcomes. Despite this, screening for malnutrition in the outpatient‐setting is not routine and research in the area is limited. The present study aimed to evaluate whether agreement between malnutrition screening completed by patients and healthcare professionals (HCPs) could be achieved by comparing patient self‐administered ‘MUST’ (‘MUST’‐P) with HCP administered ‘MUST’ (‘MUST’‐HCP) in a single tertiary IBD outpatient clinic

    Anne Thackeray Ritchie: journals and letters

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    (print) xxviii, 371 p. : ill. ; 24 cmPreface ix -- Acknowledgments xv -- Editors' Note xvii -- Genealogy of Anne Thackeray Ritchie xx -- Chronology xxi -- 1. 1840-1851 1 -- Letters 1-11 11 -- 2. 1852-1858 21 -- Letters 12-26 37 -- 3. 1859-1863 59 -- Letters 27-40 11 -- 4. 1864-1865 98 -- Journal 119 -- Letters 41-50 141 -- 5. 1866-1877 154 -- Letters 51-65 173 -- 6. 1878 181 -- Journal 191 -- 7. 1879-1900 213 -- Letters 66-98 229 -- 8. 1901-1919 258 -- Letters 99-115 212 -- Appendix : Chronological Summary of Letters, 1846-1919 285 -- Abbreviations 293 -- Notes 295 -- Works by Anne Thackeray Ritchie, 1860-1920 357 -- Index 36
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