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Author Barton, Benjamin H., 1969-

Title The lawyer-judge bias in the American legal system [electronic resource] / Benjamin H. Barton

Publ Info Cambridge ; New York : Cambridge University Press, [2011]
 RWU E-Resource  Online KF8776 .B37 2011    LIMITED ACCESS
Descript 1 online resource (viii, 303 pages)
text rdacontent
computer rdamedia
online resource rdacarrier
Note Includes bibliographical references and index
Contents An ambient bias -- The theory -- Constitutional criminal procedure -- Civil constitutional law -- A short history of lawyer regulation -- Current lawyer regulation -- Torts -- Evidence and civil procedure -- The business of law -- Enron's sole survivors -- Complexity and the lawyer-judge bias -- Rays of hope, ramifications, and possible solutions
Note "Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions"-- Provided by publisher
Description based on print version record
LC subject Judges -- Selection and appointment -- United States
Lawyers -- United States
Electronic books. lcgft
Alt Title Cambridge books online
Link Barton, Benjamin H. The lawyer-judge bias in the American legal system. Cambridge ; New York : Cambridge University Press, c2011 (DLC) 2010035957 (OCoLC)658200789
ISBN 9781107004757 (hardback)
1107004756 (hardback)
9780511791871 (electronic bk.)
0511791879 (electronic bk.)