Outside the United States, Norway's 1814 constitution is the oldest still in force. Constitutional judicial review has been a part of Norwegian court decision-making for most of these 200 years. Since the 1990s, Norway has also exercised review under the European Convention of Human Rights (ECHR). Judicial review of legislation can be controversial: having unelected judges overruling popularly elected majorities seems undemocratic. Yet Norway remains one of the most democratic countries in the world. How does Norway manage the balance between democracy and judicial oversight? Author Anine Kierulf tells the story of Norwegian constitutionalism from 1814 until today through the lens of judicial review debates and cases. This study adds important insights into the social and political justifications for an active judicial review component in a constitutional democracy. Anine Kierulf argues that the Norwegian model of judicial review provides a useful perspective on the dichotomy of American and European constitutionalism.

Classical rhetorical techniques can enhance the persuasiveness of Supreme Court opinions by making their language clear, lively, and memorable. This book focuses on three techniques-"invention" (creation of arguments), "arrangement" (organization), and "style" (word choice)-in the work of Oliver Wendell Holmes, Jr., Robert Jackson, Hugo Black, William Brennan, and Antonin Scalia, respectively. The justices featured here contributed to the Court's rhetorical legacy in different ways, but all five rejected the magisterial opinion style of the eighteenth and nineteenth centuries in favor of a more personal and conversational format. As a result, their opinions have endured, and even modern readers who cannot recall the justices' names understand and embrace the ideas expressed in their legal writings and apply those ideas to current debates. Practicing lawyers, professors, and students can use this book to study legal writing techniques and make their own writing more persuasive.

European Law sets out the doctrines, principles and case law of the main areas of EU law, and where appropriate explores how they interact with national legal principles and tenets. This fifth edition has been fully revised to include recent developments in the area. Taking into account the far-reaching changes made to European law by the Treaty of Lisbon, it covers all important new cases and legislation whilst developing existing topics. Treatment is given to a number of new regulations on jurisdiction and choice of law and a large number of recent decisions of the Court of Justice of the European Union and the Court of First Instance across a range of European law issues. The analysis of cases is complemented by the use of specimen forms and precedents as examples of documentation students will come across in practice. Although primarily aimed at apprentices studying on the Professional Practice Courses, the manual will also be of great interest to those who find that EU law touches upon their practice, whether in the public or private sector. Online Resource Centre Changes and developments in the area will be covered by regular updates to the Online Resource Centre.

?'Rethinking?' legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning? At a more specific level the pursuit of this understanding is conducted through posing a number of questions that are founded on different approaches. What has legal reasoning been? What are the institutional and conceptual legacies of this history? What is the literature and textual heritage? How does it compare with medical reasoning and with reasoning in the humanities? Can it be demystified? In exploring these questions Samuel suggests a number of frameworks that offer some new insights into the nature of legal reasoning. The author also puts forward two key ideas. First, that the legal notion of an '?interest?' might perhaps be a very suitable artefact for rethinking legal reasoning; and, secondly, that fiction theory might be the most viable ?'epistemological attitude?' for understanding, if not rethinking, reasoning in law. This book will be of great interest to academics who are researching legal method and legal reasoning, as well as epistemology of the social sciences and aspects of comparative law. It will also be an insightful text for those interested in legal history and historical perspectives on legal reasoning.

From a corporate lawyer in private practice comes a detailed analysis of, and guide to, the conventions of language and structure in drafting corporate agreements. Adams summarizes the traditional techniques of drafting and proposes alternatives that produce clearer, more efficient contracts. This comprehensive and pragmatic book includes examples of different usages and explains in detail the reasons for favoring one over another. Citing other authorities on drafting, legal writing, and English usage and grammar generally, as well as case law, Adams creates an authoritative context for his own arguments and advice. An appendix provides before and after versions of a sample contract identifying inefficient or archaic usages and proposing alternatives.

This essential resource examines the parts of a contract and the drafting issues found in each. Adams pays particular attention to the categories of language that occur in the body of the contract and how best to express them. He then addresses more general topics, including use of defined terms and references to time, and discusses various usage that tend to be problematic, such as provisos. Adams also discusses provisions that specify drafting conventions, examines the principles of effective general writing that apply to drafting, and considers aspects of the drafting process. Ideal for anyone who drafts, negotiates, or interprets corporate agreements, this work will find a place in the libraries and on the desks of practicing lawyers and law students alike.

This book covers legal dissertation level research, embracing both LL.B. and the specific demands of LL.M. dissertations. Adopting a highly practical approach, this book shows the reader how to research and write a dissertation, covering the various stages - planning, identifying key issues, utilising the appropriate research methods, time management issues, and managing one's supervision. KEY FEATURES * Shows how to avoid common stylistic and substantive pitfalls * Discusses the character and pros and cons of adopting law and policy methods for defining the issues and conducting legal research - including black letter, socio-legal, interpretive, experiential * A running example throughout the text illustrates the various points made in each section and provides continuity

The role of general counsel and in-house lawyers is changing continually. Legal is now considered a vital component of leadership in most enterprises, and it is increasingly common for the GC to be called on for strategic input prior to important business decisions. Added to this is the convergence of social and political trends driving new demand for legal advice and service delivery; an increasing focus on productivity and efficiency; pressure to demonstrate the value of legal to the business in order to gain budget support; and the need to adapt and advance digitally. The competencies required of the general counsel and their increasingly multi-disciplinary team are also growing with responsibilities expanding to encompass reputational risk, government relations, data privacy, ESG and interacting with diverse stakeholders including regulators. Edited by E Leigh Dance and Christoph H Vaagt, both with distinguished careers advising legal departments and teams for more than two decades, the second edition of General Counsel in the 21st Century offers general counsel and all in-house legal professionals a variety of expert perspectives on the evolution of the role of the GC and the corporate legal department. Chapters are written by an international group of well-known general counsel, corporate legal leaders, and other experts, and cover important topics for general counsel today, including: The evolution of the general counsel's role; Legal operations as a competitive advantage; How adaptive legal functions are embracing technology; Managing change in a legal department; and Doing more with less. This title provides guidance on how legal departments can best support the businesses they serve, identify and address areas where change is necessary, and anticipate developments on the horizon. Readers - whether in-house counsel or private practitioners - will gather best practices and learn new and perhaps surprising lessons to help them succeed in their jobs as leaders at the intersection of law and business.

Studying Scots Law provides a highly readable account of the educational and training requirements for entry into the Scottish legal profession and provides essential information on law courses throughout Scotland as well as giving useful advice on study skills. Studying Scots Law provides law students with an invaluable source of reference throughout their studies. The new edition provides invaluable information on how the approach to teaching and studying has changed during Covid restrictions and the facilities universities have put in place to support students during this time. As well as a general background it also provides guidance on: - The nature and forms of legal education and what to expect from a study of the law - Advice on applying to university, studying, essay writing and exams - Treatment of electronic sources for study and research - Information on education funding

Legal Research and Writing Skills in Ireland offers an easy-to-use and accessible guide on the core legal skills of research and writing. While Legal Research and Writing Skills in Ireland is specifically tailored to developing these skills in an Irish context, much of the information included in this book will be of value to a reader outside of Ireland as well. Using worked examples and practical tips, this book guides the reader through the stages of undertaking a piece of legal writing. It does this in three parts. Part I condenses and clarifies the research process by discussing research planning and how to find sources of legal information. Part II delves into the writing process and offers advice and tips on good writing generally and effective legal writing specifically. It also includes guidance on how to cite your sources. Finally, Part III combines the skills discussed in Parts I and II and applies these to practical situations in which legal research and writing will be relevant. In doing so it discusses, and provides practical tips on, how to plan and write a dissertation proposal, how to tackle a written assignment, the elements and structure of effective emails and letters, and the written portion of a presentation.

This book considers how law is always enacted, or performed, in ways that can be analyzed in relation to fiction, theatre, and other dramatic forms. Of necessity, lawyers and judges need to devise techniques to make rules respond situationally. The performance of law supplements, or it extends the reach of, the law-as-written. And, in this respect, the act of lawyering is in many ways an instantiation of acts often associated with, for example, literature and the plastic and performing arts. Combining legal theory and legal practice, this book maintains that the modes of enquiry found in, and applied to, novels, paintings, and plays can help us understand how things like legal arguments and trials work-or don't. As such, and through the examination of a wide range of both historical and fictional legal cases, the book pursues an interdisciplinary analysis of how law is performed; and, moreover, how legal performances can be accomplished ethically. This book will appeal to scholars and students in sociolegal studies, legal theory, and jurisprudence, as well as those teaching and training in legal practice.

We live in a "law-thick" world. For individuals and organizations in both the public and private sectors, navigating the large number of complex laws, rules, institutions, and procedures that pervade American life is virtually impossible without some assistance. Some argue that "there are too many lawyers." Others argue that the unmet need for legal services is so high that it constitutes a human rights crisis. This book exposes why it is easy to access legal services for some, while it is virtually impossible for others, and why some lawyers have successful careers, but others cannot. This book argues that the problems plaguing legal services in the US can be only be addressed by a radical overhaul of the rules that govern how legal services may be delivered, as well as radical changes to who exercises the power to make those rules. Through interviews with those with experience with alternative legal service providers, this book exposes the formidable obstacles that exist along the path to those changes, as well as the opportunities that await. More information can be found at: www.notjustforlawyers.com

In the five years since the first edition of this book published, there has been an accelerated rise in the number and influence of COO roles in the legal sphere. No longer the preserve of the largest national and international firms, mid-tier firms and even New Law and alternative legal service providers are considering a COO as a potential - perhaps even essential - component of law firm management, to achieve increased efficiency, productivity, and meet the demands of a highly competitive market. With contributions from a number of current law firm COOs, alongside some of the most respected and sought-after consultants working in this space, this second edition of Rise of the Legal COO examines the scope and variety of the legal COO role, and how the challenges and demands of the position have altered as law firms have evolved. It contains updated chapters from the first edition, and several brand new chapters covering topics such as: How the COO can enable innovation and digital transformation in their firm; The COO's role in managing profitability and client engagement; The use of data in law firm management; and The New Law COO. There are also all-new, exclusive interviews with legal COOs from a variety of national and international firms, covering topics ranging from the importance of relationships and adapting to the new hybrid, post-COVID world, to encouraging innovation in firms and strategies to recruit and retain talent. There is no doubt that a good COO is an invaluable part of a firm's management team, and the opportunities for talented individuals with broad operational management skills will continue to grow. Heavily backed up by the first-hand experience of the contributors, this title provides essential guidance to the current and future legal COO on the skills and strategies they need to succeed, and to law firms on how to recruit, integrate, and develop a COO who will be a good match for their culture and help them achieve their ambitions.

Experts can be publicly embarrassed if they are ill-prepared, or do not understand their duties to the court. Many high-profile miscarriages of justice have arisen because of the conduct of such witnesses, who have given biased evidence in favour of one party, or simply failed to understand the courts' requirements. Mark Tottenham, an experienced barrister and mediator, and award-winning writer on legal issues, has written this short and authoritative guide to the responsibilities of professional witnesses. Drawing on authorities throughout the English-speaking world, he outlines: the duties of an expert witness; the requirements of a written court report; how to prepare to give evidence in court; how to maintain a professional detachment from the client and instructing legal team; the involvement of expert witnesses in preparing pleadings and 'Scott schedules'; and the role of expert witnesses in other forums such as mediations, inquests and public inquiries.

Legal English: How to Understand and Master the Language of Law offers a contemporary guide for students and practitioners alike who want to improve their language skills and build confidence in communicating effectively from the classroom to the courtroom. The second edition has been completely revised and updated to cover all aspects of language as used in a legal context where effective communication is crucial to both academic and professional success.

The Student Book and ActiveBook has clearly laid out pages with a range of supportive features to aid learning and teaching: Getting to know your unit sections ensure learners understand the grading criteria and unit requirements. Getting ready for Assessment sections focus on preparation for external assessment with guidance for learners on what to expect. Hints and tips will help them prepare for assessment and sample answers are provided for a range of question types including, short and long answer questions, all with a supporting commentary. Learners can also prepare for internal assessment using this feature. A case study of a learner completing the internal assessment for that unit covering 'How I got started', 'How I brought it all together' and 'What I got from the experience'. Key Cases - each short key case gives the key facts and title and year of the case and pulls out the most significant legal principle. All the key cases will be listed at the beginning of the book so learners can search for them in the different unit contexts they relate to Pause Point features provide opportunities for learners to self-evaluate their learning at regular intervals. Each Pause Point point feature gives learners a Hint or Extend option to either revisit and reinforce the topic or encourage independent research or further study skills. Scenario studies with questions that enable learners to look deeply into different situations and analyse in the context of the legal knowledge they are gaining. Assessment Activity/Practice features provide scaffolded assessment practice activities that help prepare learners for formative assessment. Within each assessment practice activity, a Plan, Do and Review section encourages supports learners' formative assessment by to making sure they fully understand what they are being asked to do, what their goals are and how to evaluate the task and consider how they could improve.

Partner compensation and how partners share profits is central to the cohesive fabric of any professional partnership. While one adage says that "there are as many profit-sharing systems as there are partnerships", there has recently been the emergence of a global practice about what "merit" means and how risk and reward are shared among partners in professional service firms. In The Partner Remuneration Handbook, Michael Roch and Ray D'Cruz provide guidance for senior partners, managing partners, partnership boards, remuneration committees and others involved in the partner compensation process (department heads, CFOs, HRDs), on designing effective profit-sharing systems, reaching fair reward decisions efficiently and implementing motivating contribution management processes. Filled with practical insights, this book draws on principles of partnership, motivation and incentives in human capital management, and executive compensation in closely held businesses. Looking beyond the numbers, the authors balance the big picture with a detailed how-to for any professional partnership irrespective of geography, size and maturity. This title encompasses three core elements: Exploring the different partner reward systems found in most professional firms. Showing how partnerships define and discuss partner contribution commitments that further the firm's overall strategic, operational and financial objectives. Providing decision-making guidance about marrying reward to performance and on Remuneration Committee governance. It also addresses a myriad of special topics, such as rewarding partners in management roles, and provides a proven approach for how firm leaders can take partners with them on the journey of evolving their partner compensation system.

An argument for the constitutional responsibility to participate in jury duty It's easy to forget how important the jury really is to America. The right to be a juror is one of the fundamental rights guaranteed to all eligible citizens. The right to trial by jury helped spark the American Revolution, was quickly adopted at the Constitutional Convention, and is the only right that appears in both the Constitution and the Bill of Rights. But for most of us, a jury summons is an unwelcome inconvenience. Who has time for jury duty? We have things to do. In Why Jury Duty Matters, Andrew Guthrie Ferguson reminds us that whether we like it or not, we are all constitutional actors. Jury duty provides an opportunity to reflect on that constitutional responsibility. Combining American history, constitutional law, and personal experience, the book engages citizens in the deeper meaning of jury service. Interweaving constitutional principles into the actual jury experience, this book is a handbook for those Americans who want to enrich the jury experience. It seeks to reconnect ordinary citizens to the constitutional character of a nation by focusing on the important, and largely ignored, democratic lessons of the jury. Jury duty is a shared American tradition. It connects people across class and race, creates habits of focus and purpose, and teaches values of participation, equality, and deliberation. We know that juries are important for courts, but we don't know that jury service is important for democracy. This book inspires us to re-examine the jury experience and act on the constitutional principles that guide our country before, during, and after jury service.

Published in 1996, this book presents an innovative method for studying the work of professionals with clients that was applied to an evaluation study of legislation and of lawyers working with clients seeking a divorce. With the simulated client methods, the researcher plays the role of simulated or hypothetical clients with predetermined characteristics who are consulting a lawyer, the research subject. The research is carried out in the natural setting of the lawyer's office and the lawyer conducts business as usual. The method overcomes problems of access due to client confidentiality that are commonly found in research of professional groups. It is a qualitative but focused method for evaluation research which has strengths for making comparisons across professional practice. The book will be useful to those conducting research on professionals and other elite groups working with clients as well as those interested in the socio-legal study of legal professionals. This book was originally published as part of the Cardiff Papers in Qualitative Research series edited by Paul Atkinson, Sara Delamont and Amanda Coffey. The series publishes original sociological research that reflects the tradition of qualitative and ethnographic inquiry developed at Cardiff. The series includes monographs reporting on empirical research, edited collections focussing on particular themes, and texts discussing methodological developments and issues.

Law firms have evolved exponentially over the last few decades, and today it requires far more than legal skills for firms to operate efficiently, fulfil client demands, give back to their communities and, ultimately, succeed. As a result, specialist roles beyond fee-earning have been created and more continue to emerge as technology advances and competition intensifies. They are a crucial part of future-proofing law firms and there is growing recognition of the respect and value they deserve with increasing numbers gaining positions in senior management. These roles range from working with legal tech to bringing in new business, from managing the firm's risk and compliance function to collaborating with clients to develop new products. For a lawyer looking to take the next steps in their career, or a law firm wanting to implement the career paths required for future success, it can be difficult to know where to begin. The Rise of Specialist Career Paths in Law Firms is the essential guide to the plethora of career opportunities available in law firms. It covers more established roles such as the professional support lawyer and pro bono professional, and new, emerging career paths, including in innovation and legal operations, as well as roles that will become available in the future. Written by experts with lived experience performing these roles, chapters provide information and insights into the different opportunities available, the skills needed to thrive in these positions, the responsibilities they entail and how to build careers in these spaces. With increasing client demands and the 'talent war' raging, this title will demonstrate how implementing these specialist career paths will enable law firms to continue to provide stellar client service and develop and retain top legal talent, who are increasingly looking for more tailored and flexible career options. It will also provide individual lawyers with the resource to identify and pursue the career that suits them best, allowing them to thrive to the benefit of both the individuals and their firms.

The field of Legal translation and interpreting has strongly expanded over recent years. As it has developed into an independent branch of Translation Studies, this book advocates for a substantiated discussion of methods and methodology, as well as knowledge about the variety of approaches actually applied in the field. It is argued that, complex and multifaceted as it is, legal translation calls for research that might cross boundaries across research approaches and disciplines in order to shed light on the many facets of this social practice. The volume addresses the challenge of methodological consolidation, triangulation and refinement. The work presents examples of the variety of theoretical approaches which have been developed in the discipline and of the methodological sophistication which is currently being called for. In this regard, by combining different perspectives, they expand our understanding of the roles played by legal translators and interpreters, who emerge as linguistic and intercultural mediators dealing with a rich variety of legal texts; as knowledge communicators and as builders of specialised knowledge; as social agents performing a socially-situated activity; as decision-makers and agents subject to and redefining power relations, and as political actors shaping legal cultures and negotiating cultural identities, as well as their own professional identity. Chapter 2 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license. https://tandfbis.s3-us-west-2.amazonaws.com/rt-files/docs/Open+Access+Chapters/9781138492103_oachapter2.pdf

Pandemics bring the world to a standstill. All economies are based on confidence, yet during and after a pandemic, uncertainty and fear abound. The entire professional services sector the world over - which includes law firms, accounting firms, brokerages, consulting firms, etc. - are cash-based, people-centric, and relationship-driven businesses. The rapid changes to relationships - both professional and personal - caused by a pandemic are structural and deep. The definition of "business as usual" is altered, and all professional services providers need to adapt and change quickly to respond to the new ways that employees, clients, and everyone else will behave, communicate, buy, and use their services in the future. The speed at which information travels will not slow down.

Introduction to Law and Legal Skills in South Africa, Second Edition, offers an inspiring, progressive and immersive introduction to the study of South African law, for students who are beginning a programme of legal studies. The text offers an introduction to South African legal history and the structure of the South African legal system, and an orientation to key areas of substantive law. Thoroughly revised and updated, this second edition offers an inclusive, decolonised approach, engaging readers to learn about law with a purposeful and critical perspective that foregrounds social justice and diversity. Introduction to Law and Legal Skills in South Africa is designed to effectively advance the development of knowledge and skills through applied learning and immersion within context. The text provides a solid and innovative foundation for the development of crucial, empowering skills, including reading of legal material, legal writing, legal research, legal problem solving, a nalysis, reasoning, and critical thinking. To ensure clarity and accessibility to a diverse readership, this second edition is developed with the input of specialised language practitioners and student readers. The text serves to empower aspirant readers, and provides a valuable teaching resource for lecturers.

Effective Legal Interviewing and Counselling is a guide for all scholars of law, whether new to practice or experienced, to acquire or enhance the skills required to build and to maintain client rapport in professional practice. The book explains the importance of good interviewing and counselling and includes strategies, practical examples and common mistakes. Hypothetical exchanges between attorneys and clients demonstrate these skills, encouraging the reader to see an interview as a dynamic whole, but also part of the entire process of effective practice.