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February 10, 2012
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David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
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Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
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Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
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Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
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January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
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Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
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Katy Hopkins: New budget rules may affect how much money you get for college
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Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
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January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
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Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
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Katy Hopkins : Consider This Before You Pay for an Online Degree
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Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
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January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
Dec. 7, 2005
/ 6 Kislev, 5766
The enormous cost and creativity-killing pace of ordinary civil cases
By
John Stossel
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http://www.JewishWorldReview.com |
In recent months, we've seen seemingly endless arguments over
the Supreme Court. But as I watch people comb through old documents and
parse interviews for clues to the nominees' positions on high-profile
constitutional questions, I'm struck by how little attention has been given
to one of the biggest problems in America's judicial system: the enormous
cost and creativity-killing pace of ordinary civil cases.
In my years doing consumer reporting, I watched every American
industry find ways to do things better, faster, and cheaper. Today's
computers cost less, but are more powerful. Cars got better. Supermarkets
offer more for less. Most every business is better.
But not the law business. In law, everything is slow and
expensive, and our choices limited.
For $1 I can buy a newspaper, and every day it's different. But
try to get a divorce or a simple will for less than $300.
The lawyers defend their fees and snail-like pace, saying,
"We've got to make sure you get due process." Glad they're so concerned. But
when there's no money in a case, people have trouble getting a lawyer, let
alone getting due process. When there is money, lawyers even insist on undue
process. In the O.J. Simpson trial, they even quibbled about the jewelry the
other lawyers wore.
Other businesses pad bills, too, but competition limits it.
There's less competition in law because lawyers outlawed competition from
outside their profession they prosecute paralegals who offer cheaper
alternatives, calling it "unauthorized practice of law." And they are all
bound by rules of procedure, drafted by lawyers and, for the federal courts,
issued by the Supreme Court, that call for volumes of paper and make lots of
work lucrative work, if you're a lawyer.
Civil cases usually take years. It almost makes me feel sorry
for the people who sue me. A guy in Philadelphia who said I damaged his
reputation had to wait four years just to get me into court.
The essence of my story was that Irwin Rogal, a dentist, ran a
dental "mill," telling people (including me, after he examined me for a
"20/20" story) we had jaw problems, and then charging big bucks for dubious
"treatments." In his lawsuit, he claimed he had not recommended treatment to
me.
Sounds simple for a court to resolve. The exam was on videotape.
The jury could watch the 40-minute tape and then decide. But that never
happened. Instead, the dentist's lawyers and mine spent three years sending
legal papers back and forth. My lawyers (did I mention they were paid by the
hour?) demanded that the dentist produce vast amounts of paperwork detailing
"all persons other than your attorneys with whom you have had written or
oral communication" and "each workshop or seminar in which you have
participated as a speaker."
The dentist's attorneys demanded that we "state the title and
author of each book that was used as a source of information, the name and
date of publication of each newspaper, magazine, pamphlet . . . documents .
. . " In case we didn't know what documents were, they spelled it out: "Any
abstracts, accounts, accounting records, accounting advertisements,
agreements, bids, bills, bills of lading, blanks, books, books of accounts,
brochures" that's just the A's and B's.
Eventually, my case got to court. I assumed the jury would watch
the tape, but they never did. Instead, we had war. War is what a lawsuit is.
Each side played snippets of the videotape. His side played a few minutes
that made it seem as if he hadn't recommended treatment; my side played a
few that demonstrated he did. This happened again and again for days. It
was ridiculous. That's what got to me most, watching my case: the
extravagant waste. Even with lawyers charging hundreds of dollars an hour,
the judge just let it go on and on.
I finally won, but the ordeal cost ABC a fortune. Why couldn't
the judge say, "Shut up. This is a waste of time and money. We're just going
to play the tape."
"Because most judges are afraid to offend," Joe Jamail, a Texas
lawyer who's made millions, told me.
So these lawyers are just self-indulgent? "No," said Jamail.
"They were being paid."
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