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Books > Law > Jurisprudence & general issues > Legal skills & practice > Advocacy
The 1984 explosion of the Union Carbide chemical plant in Bhopal,
India was undisputedly one of the world's worst industrial
disasters. Some have argued that the litigation following the
Bhopal disaster provided an "innovative model" for dealing with the
global distribution of technological risk; others consider the
disaster a turning point in environmental legislation; still others
argue that Bhopal is what globalization looks like on the ground.
Kim Fortun explores these claims by focusing on the dynamics and
paradoxes of advocacy in competing power domains. She moves from
hospitals in India to meetings with lawyers, corporate executives,
and environmental justice activists in the United States to show
how the disaster and its effects remain with us. Spiraling outward
from the gas victims' stories, Fortun's innovative narrative sheds
light on the complex intertwined way advocacy works within a global
system, calling into question conventional notions of
responsibility and ethical conduct. Revealing the hopes and
frustrations of advocacy, this moving work also counters the
tendency to think of Bhopal as an isolated incident that "can't
happen here."
Practical Advocacy in the Crown Court follows the life of a case in
the Crown Court chronologically, providing guidance and insights at
each step. It guides the reader from first conference through legal
arguments and witness handling to sentencing hearings, with
references to procedure, codes of conduct, and key cases. With an
emphasis on practical advice, each chapter follows a similar format
incorporating dos and don'ts, mock situations, and sections on good
practice. Key topics covered include: -Making and opposing bail
applications -Effective communication with lay clients -Appeals
against conviction and sentence in the Crown Court -Evidential
submissions -Witness handling of complainants, vulnerable
witnesses, police officers and experts -Making effective jury
speeches -Sentencing, mitigation and advocacy in cases involving
the Mental Health Act This is the only specialist guide written for
Crown Court advocates, by Crown Court advocates. It provides
learned advice on common situations such as hearsay applications,
hostile witnesses, making speeches or mitigating in cases where it
may feel like there is little to say. It also provides insight on
good communication with clients as well as court room advocacy, and
dealing with lay clients, solicitors and police officers in
conference. In addition, it covers written advocacy in detail,
including persuasive skeleton arguments and using jury bundles
effectively. Depending on the experience of the reader, this book
helps the: -new advocate by giving them insight into situations
that arise frequently, with a proper understanding of their role,
as well as advice on how to adapt their style to the witness or the
Judge -progressing advocate to develop skills with advice garnered
from counsel of many years' experience, such as sections dealing
with witness handling and evidential submissions in more complex
cases, including rape and serious sexual offences work, proceeds of
crime applications, case conferences with the CPS and presenting
documents to juries in larger cases -experienced and busy advocate
by looking at situations of greater complexity, such as the purpose
of jury advocacy, and it will also act as a refresher for the more
established advocate with writer's block in a tricky case
"I worked in a trailer that ICE had set aside for conversations
between the women and the attorneys. While we talked, their
children, most of whom seemed to be between three and eight years
old, played with a few toys on the floor. It was hard for me to get
my head around the idea of a jail full of toddlers, but there they
were." For decades, advocates for refugee children and families
have fought to end the U.S. government's practice of jailing
children and families for months, or even years, until overburdened
immigration courts could rule on their claims for asylum. Baby
Jails is the history of that legal and political struggle. Philip
G. Schrag, the director of Georgetown University's asylum law
clinic, takes readers through thirty years of conflict over which
refugee advocates resisted the detention of migrant children. The
saga began during the Reagan administration when 15-year-old Jenny
Lisette Flores languished in a Los Angeles motel that the
government had turned into a makeshift jail by draining the
swimming pool, barring the windows, and surrounding the building
with barbed wire. What became known as the Flores Settlement
Agreement was still at issue years later, when the Trump
administration resorted to the forced separation of families after
the courts would not allow long-term jailing of the children.
Schrag provides recommendations for the reform of a system that has
brought anguish and trauma to thousands of parents and children.
Provocative and timely, Baby Jails exposes the ongoing struggle
between the U.S. government and immigrant advocates over the
duration and conditions of confinement of children who seek safety
in America.
This volume of the Research in Global Child Advocacy Series
explores participatory methodologies and tools that involve
children in research. Perspectives on the role of children have
transitioned from viewing children as objects of research, to
children as subjects of research, to acknowledgement of children as
competent contributors and agents throughout the inquiry process.
Researchers continue to explore approaches that honor the capacity
of children, drawing on diverse methodologies to elevate children's
voices and actively engage them in the production of knowledge.
Nonetheless, despite these developments, questions over the extent
to which children can be free of adult filters and influence merits
sustained scholarly attention. The book includes chapters that
critically examine methodological approaches that empower children
in the research process. Contributions include empirical or
practitioner pieces that operate from an empowerment paradigm and
demonstrate the agenic capacity of children to contribute their
perspectives and voices to our understanding of childhood and
children's lives. The text also features conceptual pieces that
challenge existing theoretical frameworks, critique research
paradigms, and analyze dilemmas or tensions related to ethics,
policy and power relations in the research process.
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