+1 862 207 3288 Book: A Civil Action
Your assignment is to write a four page reaction paper to “A Civil Action” by Jonathan Harr. This is not a book review. I am not asking you to tell me what you thought about the book, but what the book made you think about. Some possible issues/questions you might address are:
1. The questions that Judge Skinner sets for the jurors ask “for answers that were essentially unknowable…. The judge was, in effect, asking the jurors to create a fiction that would in the end stand for the truth”. Do these questions indeed demand too much from a jury of non-experts? Harr suggests that perhaps the case was one “that the judicial system was not equipped to handle” Is this true? How else might it be handled and settled?
2. Consider the difference between the truth and the proof in litigation. Are trials designed to seek truth or resolve conflict?
3. Donna Robbins believes that she and her fellow plaintiffs have succeeded in teaching corporate America a lesson; Reverend Young, on the other hand, thinks that the Grace executives and attorneys have reason to celebrate. With which of these opinions do you agree? Does the final settlement represent a victory, a loss, or a compromise?
4. Analyze the role of the common law in environmental litigation. Does litigation such as that described in “A Civil Action” serve a public good? Does such litigation make people think more negatively or positively about governmental action? Should such private litigation be limited in favor of public action (governmental action) for the benefit of society as a whole?
5. Is private, common law litigation a burden on society or does it propel beneficial societal change? Consider the positions and arguments of the proponents of “tort reform” in analyzing this issue.
6. Discuss the role of business ethics in the context of “A Civil Action”. What can/should be done to align business interests with public interests? Should the propelling force be public (governmental) or private?
7. What is your opinion regarding the role of expert witnesses in “A Civil Action.”
However, don’t be limited by the questions I have posed.
I expect the paper to be a thoughtful, critical analysis of the issue you discuss. To understand the concept of “critical” thinking and analysis, please see the Roth’s “Critical Thinking” piece with is posted on Moodle under the “Opinions, Opinions” section.
You will also be required to cite five sources from outside the book. You may use your textbook, law review articles, news articles, opinion pieces or similar sources. You do not have to be concerned with the correct formatting for citations. I am more interested in having enough information to find and look at the source, than having commas in the right place or information in the right order. Please cite by way of footnote. You can use the reference tab in word and just insert footnote.
Also, you must include citations from the text you have read. Please indicate the edition you are citing from. If you are using an e-reader or Kindle and actual page numbers are available, use the page number. If page numbers are not available, cite the chapter.
A summary of requirements:
• Four pages
• Five external sources
• Internal sources that explain or support your argument
• Citations by footnote
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