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Book Cover
Author Barton, Benjamin H., 1969-

Title The lawyer-judge bias in the American legal system / Benjamin H. Barton
Published New York : Cambridge University Press, 2011
Online access available from:
Cambridge Books Online    View Resource Record  
EBSCO eBook Academic Collection    View Resource Record  


Description 1 online resource (viii, 303 pages)
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
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"-- Provided by publisher
Bibliography Includes bibliographical references and index
Notes Print version record
Subject Judges -- Selection and appointment -- United States.
Lawyers -- United States.
Form Electronic book
ISBN 1139101633 (electronic bk.)
9781139101639 (electronic bk.)