This engaging ethnography examines the gendered nature of today's large corporate law firms. Although increasing numbers of women have become lawyers in the past decade, Jennifer Pierce discovers that the double standards and sexist attitudes of legal bureaucracies are a continuing problem for women lawyers and paralegals.
Working as a paralegal, Pierce did ethnographic research in two law offices, and her depiction of the legal world is quite unlike the glamorized version seen on television. Pierce tellingly portrays the dilemma that female attorneys face: a woman using tough, aggressive tactics--the ideal combative litigator--is often regarded as brash or even obnoxious by her male colleagues. Yet any lack of toughness would mark her as ineffective.
Women paralegals also face a double bind in corporate law firms. While lawyers depend on paralegals for important work, they also expect these women--for most paralegals are women--to nurture them and affirm their superior status in the office hierarchy. Paralegals who mother their bosses experience increasing personal exploitation, while those who do not face criticism and professional sanction. Male paralegals, Pierce finds, do not encounter the same difficulties that female paralegals do.
Pierce argues that this gendered division of labor benefits men politically, economically, and personally. However, she finds that women lawyers and paralegals develop creative strategies for resisting and disrupting the male-dominated status quo. Her lively narrative and well-argued analysis will be welcomed by anyone interested in today's gender politics and business culture.

An associate justice on the renowned Warren Court whose landmark ruling in Brown v. Board of Education overturned racial segregation in schools and other public facilities, Tom C. Clark was a crusader for justice throughout his long legal career. Among many tributes Clark received, Supreme Court Chief Justice Warren Burger opined that "no man in the past thirty years has contributed more to the improvement of justice than Tom Clark."

Supreme Court Justice Tom C. Clark is the first biography of this important American jurist. Written by his daughter, Mimi Clark Gronlund, and based on interviews with many of Clark's judicial associates, friends, and family, as well as archival research, it offers a well-rounded portrait of a lawyer and judge who dealt with issues that remain in contention today--civil rights, the rights of the accused, school prayer, and censorship/pornography, among them. Gronlund explores the factors in her father's upbringing and education that helped form his judicial philosophy, then describes how that philosophy shaped his decisions on key issues and cases, including the internment of Japanese Americans during World War II, the investigation of war fraud, the Truman administration's loyalty program (an anti-communist effort), the Brown decision, Mapp v. Ohio (protections against unreasonable search and seizure), and Abington v. Schempp (which overturned a state law that required reading from the Bible each day in public schools).

This book explains various areas of private, public and criminal practice in the United States, as well as US legal research, to the audience of practising civil lawyers who may interact with US lawyers. Each chapter is written by a recognised specialist in his or her respective field who has practiced and taught in that field. Further, the first chapter is an introduction to the "foreign" nature of US law for civil lawyers, written by the editor, Kirk W Junker, who holds the Chair in US Law at the University of Cologne, who has been teaching US law to law students in Germany and France for ten years, and who previously practiced US law for nine years. As a practitioner's guide, a special feature of the book is that every term of art, regardless of which field of law, is translated into both German and French in accompanying footnotes on each page. In addition, every chapter includes "Practice Tips," "Checklists for Practice," and illustrative "Examples," each of which is clearly marked in a separate box. Some chapters offer tables, example draft documents and templates to make the book easy to use as a reference book and a handbook.

The issue of private property and the rights it confers remain almost undiscussed in critiques of globalization and free market economics. Yet property lies at the heart of an economic system geared to profit maximization. The authors describe the historically specific and self-consciously explicit manner in which it emerged. They trace this history from earliest historical times and show how, in the hands of Thomas Hobbes and John Locke in particular, the notion of private property took on its absolutist nature and most extreme form--a form which neoliberal economics is now imposing on humanity worldwide through the pressures of globalization. They argue that avoiding the destruction of people's ways of living and of nature requires reshaping our notions of private property. It also examines the practical ways for social and ecumenical movements to press for alternatives.

Europarecht beschaftigt sich mit den rechtlichen Grundlagen der Europaischen Union. Gerald Sander liefert Ihnen einen schnellen A berblick A1/4ber die Organe der EU wie das Europaische Pralament, die Europaische Kommission und die EZB. AuA erdem erlautert er, welche Rechtsquellen das Europarecht hat, welche Verfahren es gibt, was es mit der Wirtschafts- und Wahrungsunion auf sich hat und vieles mehr. Mit A bungsaufgaben mit Loesungen koennen Sie sich selbst testen und Ihr Wissen festigen.

Well-selected and authoritative, Macmillan Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in examinations. New to this Edition: - European Union (Withdrawal) Act 2018 (2018, c.16)

The European Union places the 'individual' or person, 'at the heart of its activities'. It is a central concept in all of EU economics, politics, society and ethics. The 15 chapters in this innovative edited collection argue that EU law has had a transformative effect on this concept. The collection looks at the mechanisms used when 'constructing the person' in EU law. It goes beyond traditional literature on 'Europe and the Individual', exploring the question of personhood through critical and contextual perspectives. Constructing the Person in EU Law: Rights, Roles, Identities brings together contributions and debates from experts around Europe to this key question.

In an increasingly complex and unpredictable world, a growing number of observers and practitioners have called for a re-examination of our national security system. Central to any such reform effort is an evaluation of Congress. Is Congress adequately organized to deal with national security issues in an integrated and coordinated manner? How have developments in Congress over the past few decades, such as heightened partisanship, message politics, party-committee relationships and bicameral relations, affected topical security issues? This volume examines variation in the ways Congress has engaged federal agencies overseeing our nation's national security as well as various domestic political determinants of security policy.

The European Union is a distinctive creation. There have been several examples of countries that have forged links in ventures of mutual benefit, but in aim, method and achievement this union has gone much further than the others. From the beginning, the EU has always been more than just a customs union. It has aimed for an ever closer union of its peoples and has developed supranational institutions with powers binding upon its members. Since its creation in 1993 it has also grown in size and in the extent of its responsibilities. Integration and intergovernmentalism have been the two forces at work in the evolution of the Community into the Union of 27 members today. In this volume the author sets out to provide an authoritative study of the EU, which clearly explains how it functions and makes it intelligible to a wide readership. Key Features *Up-to-date and comprehensive coverage of key aspects, including history and developments, institutions, politics and policy processes *Includes an analysis of the role and attitudes of the member states *Information is clearly and accessibly presented *Will appeal to students and also to professionals working in European Union agencies and organisations *Contains maps, boxes, tables, glossaries of key terms and a guide to further reading

Can there be such a thing as a European sociology of law? The uncertainties which arise when attempting to answer that straightforward question are the subject of this book, which also overlaps into comparative law, legal history, and legal philosophy. The richness of approaches reflected in the essays (including comparisons with the US) makes this volume a courageous attempt to show the present state of socio- legal studies in Europe and map directions for its future development. Certainly we already know something about the existence of differences in the use and meaning of law within and between the nation states and groups that make up the European Union. They concern the role of judges and lawyers, the use of courts, patterns of delay, contrasts in penal 'sensibilities', or the meanings of underlying legal and social concepts. Still, similarities in 'legal culture' are at least as remarkable in societies at roughly similar levels of political and economic development. The volume should serve as a needed stimulus to a research agenda aimed at uncovering commonalities and divergences in European ways of approaching the law.

This volume explores major developments in Japanese law over the latter half of the twentieth century and looks ahead to the future. Modeled on the classic work Law in Japan: The Legal Order in a Changing Society (1963), edited by Arthur Taylor von Mehren, it features the work of thirty-five leading legal experts on most of the major fields of Japanese law, with special attention to the increasingly important areas of environmental law, health law, intellectual property, and insolvency. The contributors adopt a variety of theoretical approaches, including legal, economic, historical, and socio-legal. As Law and Japan: A Turning Point is the only volume to take inventory of the key areas of Japanese law and their development since the 1960s, it will be an important reference tool and starting point for research on the Japanese legal system. Topics addressed include the legal system (with chapters on legal history, the legal profession, the judiciary, the legislative and political process, and legal education); the individual and the state (with chapters on constitutional law, administrative law, criminal justice, environmental law, and health law); and the economy (with chapters on corporate law, contracts, labor and employment law, antimonopoly law, intellectual property, taxation, and insolvency). Japanese law is in the midst of a watershed period. This book captures the major trends by presenting views on important changes in the field and identifying catalysts for change in the twenty-first century.

Economics of Crime presents the basic model of criminal behavior and law enforcement. The authors start by reviewing the economics of criminal behavior. Models of criminal behavior applying the model of individual rational behavior are presented. Empirical studies surveyed use regression analyses and employ data from states and police regions down to individuals. These studies tend to support the hypothesis that the probability of punishment and the severity of punishment have a deterrent effect on crime. Methodological problems relating to the assumption of rationality, statistical identification of equations, measurement errors, and operationalization of theoretical variables are discussed. Economics of Crime also review the theory of public enforcement including probability and severity, fines and imprisonment, repeat offenders, incentives of enforcers, enforcement costs and enforcement errors. Economics of Crime is intended for economists and lawyers, practitioners, scholars and students in the field of law and economics, microeconomics, and criminology who wish to learn the basics of the economics of crime, criminal behavior, and law enforcement.

Money laundering is the process of converting or transferring cash or other assets, generated from illegal activity, in order to conceal or disguise their origins. In recent years, the international community has decided that focusing on money laundering is an efficient strategy in policing organized crime and, now terrorism. To this end, countries are encouraged to harmonize their policies and legislation and, to some extent, their policing strategies. Before adopting these new strategies, however, it is important to understand the extent of money laundering in different jurisdictions, as well as the likelihood of success and the costs involved in these anti-laundering strategies.

This new work by Margaret E. Beare and Stephen Schneider brings empirical evidence to the study of money laundering in Canada - a topic that has recently assumed an international profile. They challenge the seemingly common sense notion, fueled by political posturing and policing rhetoric, that taking the profits away from criminals is a rational law enforcment strategy. Using data from police cases, the inner working of financial institutions, and the 'successful' claims of privilege from our legal profession, the final picture that the authors paint is of a good enforcement strategy run amuch amid conflicting interests and agendas, an overly ambitious set of expectations, and an ambiguous body of evidence as to the strategy's overall merits.

Good Government? Good Citizens? explores the evolving concept of the citizen in Canada at the beginning of this century. Three forces are at work in reconstituting the citizen in this society: courts, politics, and markets. Many see these forces as intersecting and colliding in ways that are fundamentally reshaping the relationship of individuals to the state and to each other. How has Canadian society actually been transformed? Is the state truly in retreat? Do individuals, in fact, have a fundamentally altered sense of their relationship to government and to each other? Have courts and markets supplanted representative politics regarding the expression of basic values? Must judicialized protection of human rights and minority interests necessarily mean a diminished concern for the common good on the part of representative politics? To what extent should markets and representative politics maintain a role in the protection of human rights and minority interests? Will representative politics ever hold the public trust again? Good Government? Good Citizens? responds to these questions. over the last two decades. It then examines a number of areas to gauge the extent of the evidence regarding transformations that have occurred because of these changing roles. There are chapters on the First Peoples, cyberspace, education, and on an ageing Canada. The book concludes with reflections on the good citizen at the dawning of the new century. Of particular interest to professors and students of law and political science, Good Government? Good Citizens? will appeal to anyone interested in the changing face of Canada and its citizens.

'Standing Trial' focuses on the relationship between the law and the concept of the person in modern Arab societies. It directly addresses the questions of continuities, transformations and ruptures of such notions. Law performs a central function in revealing social and historical dynamics and in being itself a tool of its implementation. The introduction of Western-style legal systems partially led to a transposition of characteristics of centrality, individualism and secularism. 'Standing' Trial is the first truly interdisciplinary study of its subject, combining legal, historical and socio-legal perspectives. It is a highly original and important contribution to the study both of the language of law and the history of law in the Middle East. Contributors include Khaled Fahmy, Mohamed Nachi, Armando Salvatore, Oussama Arabi and Maurits Berger.

Everything estate owners need to establish a successful living trust

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Chairman, Federal Taxation Committee, and Member, National Society of Accountants

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When properly designed, a revocable living trust can provide all of the estate tax-saving benefits available under a decedent’s Last Will, eliminate a lifetime court-supervised financial guardianship of a person’s financial affairs in the event of physical or mental incapacity, and, upon the trustor’s death, facilitate estate administration without the necessity of a court-supervised process, or probate. Shockingly often, however, trusts are poorly designed and underfunded, nullifying all of their considerable advantages. Living Trusts, Third Edition shows the estate owner how to set up, fund, and manage a living trust that will protect the trustor’s financial affairs in both life and death.

The Third Edition of this popular and proven resource completely revises and updates all of its chapters, empowering readers to ask the appropriate questions of their attorneys and create the kind of financial arrangements that are right for them. New chapters on the continuing need for estate planning and on qualified and nonqualified plans have been added, and four complete sample revocable living trusts and pour-over wills are provided on an accompanying Web site. The Third Edition also contains new information on topical issues, such as:

• Business partners serving as co-trustees
• Surviving spouse and decedent’s business partner serving as co-trustees
• How to compensate a trustee so that compensation is income tax—free to the trustee

Throughout the book, hot-button subjects are highlighted under "Ask Your Attorney" sections, with subsequent "Answer" sections provided to help readers gauge their legal advisor’s effectiveness. A corollary Web site contains sample forms used to fund a revocable living trust, and all chapters reflect the changes made by the recent Economic Growth and Tax Reconciliation Acts and IRS rulings. Living Trusts, Third Edition proves the premier resource for both estate-planning professionals and estate owners who are interested in taking advantage of this powerful tool.

This innovative study considers how approximately seven thousand male graduates of law came to understand themselves as having a legitimate claim to authority over nineteenth-century Brazilian society during their transition from boyhood to manhood.
While pursuing their traditional studies at Brazil's two law schools, the students devoted much of their energies to theater and literature in an effort to improve their powers of public speaking and written persuasion. These newly minted lawyers quickly became the magistrates, bureaucrats, local and national politicians, diplomats, and cabinet members who would rule Brazil until the fall of the monarchy in 1889.

Andrew J. Kirkendall examines the meaning of liberalism for a slave society, the tension between systems of patriarchy and patronage, and the link between language and power in a largely illiterate society. In the interplay between identity and state formation, he explores the processes of socialization that helped Brazil achieve a greater measure of political stability than any other Latin American country.

Remedies lie at the heart of European legal systems. They both reflect and shape the balance of power between states and individuals and between state and supranational institutions. These profound political implications can be better understood by thinking about the functional roles and institutional histories of remedies. These implications,roles and histories are considered in this volume of challenging and original essays on remedial systems in Europe. This book explores the lively and often controversial dialogues between courts, national and supranational, on remedies. In so doing, it addresses the adequacy of these dialogues in the light of perceived systemic goals, both in an overall institutional sense and as regards specific sectoral objectives or institutional actors' aspirations. In particular, the book looks at the way in which remedies in the EC legal order interact with those in other legal orders such as the Council of Europe and private international law. It also identifies problems of interaction between different Council of Europe mechanisms under the Convention on Human Rights and the Social Charter. The book also examines the contribution of courts to remedial systems by considering other methods of formulating and redressing claims. Contributors: Claire Kilpatrick, Takis Tridimas, Leo Flynn, Antonio Lo Faro, Carol Harlow, Steve Weatherill, Bernard Ryan, Miguel Poiares Maduro, Henry G.Schermers, Angela Ward, Paul Beaumont, Robin White, Phil Syrpis, Tonia Novitz, Richard Rawlings.

Born of a series of research seminars, supported by the ESRC and the European Law Journal, this book tackles the most pressing issue raised by intensified European integration: the demise of sovereign states and the design of theoretical frameworks within which issues of post-national democracy and legal legitimacy might be considered. Decoupling "law" from "state," the various contributions raise fundamental questions about the political legitimacy and constitutionality of the European Union's normative order, and begin to develop new structures for the meaningful evaluation of the post-statal organization. Still firmly rooted in a liberalized market, but now also concerned with far broader political and social issues, the EU has challenged the traditionally strict demarcation between law, political science and economics. By bringing together all three disciplines to study the legal theory implications of the EU, this book offers its readers a novel methodology: analyzing the constitutionalization of the European legal order with an eye to "real-world" political and economic concerns.

The application of psychological principles to research and practice in crime prevention, detection, legal processes and offender treatment is a feature of the growing number of advanced undergraduate courses and graduate courses, and professional training programmes. This book reflects the need to provide an overview of psychological knowledge and its forensic applications and implications, to psychology students and its forensic applications and implications, to psychology students and to related professional disciplines such as psychiatry, nursing, policing, law, prison work and probation.
The Editors are very well known academics and clinicians. The chapters are written by contributors who are recognised leaders in their own fields, and they have provided accessible accounts of the applications and implications of behavioural sciences for their peers, and for professionals and students in other disciplines. Multi-professional case work and innovative approaches to crime and offenders are being supported by research, by poicy and by legislation. There is a growing need to provide a wide range of professionals with a common framework and knowledge base to aid their shared understanding of crime and offenders, and of related interventions.
"Behaviour, Crime and Legal Processes will be of great interest to psychologists, psychiatrists, lawyers and others concerned with understanding and treating offenders. The book is readable, scholarly and wide-ranging, covering legal issues, psychology and the police, witness evidence, decision-making in court, criminological theories, risk assessment and the treatment of mentally disordered and sex offenders." - Professor David Farrington, Institute of Criminology, University of Cambridge, UK

In the past decade the repatriation of Native American skeletal remains and funerary objects has become a lightning rod for radically opposing views about cultural patrimony and the relationship between Native communities and archaeologists. In this unprecedented volume, Native Americans and non-Native Americans within and beyond the academic community offer their views on repatriation and the ethical, political, legal, cultural, scholarly, and economic dimensions of this hotly debated issue. While historians and archaeologists debate continuing non-Native interests and obligations, Native American scholars speak to the key cultural issues embedded in their ancestral pasts. A variety of sometimes explosive case studies are considered, ranging from Kennewick Man to the repatriation of Zuni Ahayu: da. Also featured is a detailed discussion of the background, meaning, and applicability of the Native American Graves Protection and Repatriation Act, as well as the text of the act itself.

Judith Wagner DeCew provides a solid philosophical foundation for legal discussions of privacy by articulating and unifying diverse arguments on the right to privacy and on how it should be guaranteed in various contemporary contexts. Philosophers and legal theorists tend either to define privacy narrowly or to abandon privacy as conceptually incoherent, she claims. In order to assess how far privacy should extend, and determine how the wide range of specific cases can be reconciled, DeCew surveys the history of the notion of privacy as it first evolved in American tort law and constitutional law and then analyzes current characterizations. In different contexts, privacy has been defined on the basis of information, autonomy, property, and intimacy. DeCew's broader claim is that privacy has fundamental value because it allows us to create ourselves as individuals, offering us freedom from judgment, scrutiny, and the pressure to conform. Feminist theorists often view privacy as a tool for shielding abuses. DeCew responds to this feminist critique of privacy, as well as addressing the issues of abortion and of gay and lesbian sexuality in the context of specific landmark legal cases. In discussions of Roe v. Wade, Bowers v. Hardwick, and the Hart/Devlin debates on decriminalization of homosexuality and prostitution, DeCew applies her broad theory to sexual and reproductive privacy, anti-sodomy laws, and the legislation and enforcement of morals. She finally discusses the intersection of privacy with public safety concerns, such as drug testing, and in light of new communication technologies, such as caller ID.

Challenging the long-cherished notion of legal objectivity in the United States, this book argues that Chicano history has been consistently shaped by racially biased, combative legal interactions. The book is an insightful and provocative exploration of the ways Chicano and Chicana artists, writers, musicians and filmmakers engage this history in order to resist the disenfranchising effects of legal institutions, including the prison and the court. Gutierrez-Jones examines the process by which Chicanos have become associated with criminality in both legal institutions and mainstream popular culture in America and thereby offers a new way of understanding minority social experience. Drawing on gender studies and psychoanalysis, as well as critical legal and critical race studies, Gutierrez-Jones's approach to the law and legal discourse reveals the high stakes involved when concepts of social justice are fought out in the home, in the workplace and in the streets.