Research Catalog

Title

The lawyer-judge bias in the American legal system / Benjamin H. Barton.

Author

Barton, Benjamin H., 1969-

Publication

Cambridge ; New York : Cambridge University Press, 2011.

Items in the Library & Off-site

Details

Description

viii, 303 p.; 24 cm.

Summary

"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"--

Subjects

• Lawyers > United States
• Judges > Selection and appointment > United States

Bibliography (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.

ISBN

• 9781107004757 (hardback)
• 1107004756 (hardback)

LCCN

2010035957

Owning Institutions

Princeton University Library