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Prologue: A Warning at the Red Mass 1
1. Do We Have Too Much Democracy? 9 2. From Contract to Tort: How We Experience the Rule of Law at Work 25 3. From the Law of Trusts to the Collection Courts: How Charities Came to Prey on Beneficiaries 40 4. From Administrative Law to No Law: The Rise of the Whistle-Blower and the Trial Lawyer 58 5. The Deregulation of Public Space: Or, the End of Equity 71 6. The War on Reason, Uniformity, and Predictability in the Law: Why the Right Hates Class Action 81 7. Why Litigation Costs Are Going Up 93 8. How Attacking Litigation Is Increasing Litigation 104 9. How We Went to Court as Creditors and Ended Up as Debtors 116 10. Do You Really Want to See a Jury? 132 11. But Would You Rather Get a Judge? 144 12. So What Is Our Judicial Philosophy? 164 13. Living in the Fourth Republic 187 14. The Case Against Civilization 216 15. The Plan 225 Epilogue 243 |
Thomas Geoghegan
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