This volume examines the linguistic problems that arise in efforts to translate between law and the social sciences. We usually think of "translation" as pertaining to situations involving distinct languages such as English and Swahili. But realistically, we also know that there are many kinds of English or Swahili, so that some form of translation may still be needed even between two people who both speak English-including, for example, between English speakers who are members of different professions. Law and the social sciences certainly qualify as disciplines with quite distinctive language patterns and practices, as well as different orientations and goals. In coordinated papers that are grounded in empirical research, the volume contributors use careful linguistic analysis to understand how attempts to translate between different disciplines can misfire in systematic ways. Some contributors also point the way toward more fruitful translation practices. The contributors to this volume are members of an interdisciplinary working group on Legal Translation that met for a number of years. The group includes scholars from law, philosophy, anthropology, linguistics, political science, psychology, and religious studies. The members of this group approach interdisciplinary communication as a form of "translation" between distinct disciplinary languages (or, "registers"). Although it may seem obvious that professionals in different fields speak and think differently about the world, in fact experts in law and in social science too often assume that they can communicate easily when they are speaking what appears to be the "same" language. While such experts may intellectually understand that they differ regarding their fundamental assumptions and uses of language, they may nonetheless consistently underestimate the degree to which they are actually talking past one another. This problem takes on real-life significance when one of the fields is law, where how knowledge is conveyed can affect how justice is meted out.

Throughout history, the American legal profession has tried to hold tight to its identity by retreating into its traditional values and structure during times of self-perceived crisis. The American Legal Profession in Crisis: Resistance and Responses to Change analyzes the efforts of the legal profession to protect and maintain the status quo even as the world around it changed. Author James E. Moliterno, consistently argues that the profession has resisted societal change and sought to ban or discourage new models of legal representation created by such change. In response to every crisis, lawyers asked: "How can we stay even more 'the same' than we already are?"
The legal profession has been an unwilling, capitulating entity to any transformation wrought by the overwhelming tide of change. Only when the shifts in society, culture, technology, economics, and globalization could no longer be denied did the legal profession make any proactive changes that would preserve status quo. This book demonstrates how the profession has held to its anachronistic ways at key crisis points in US history: Watergate, communist infiltration, waves of immigration, the explosion of litigation, and the current economic crisis that blends with dramatic changes in technology, communications, and globalization.
Ultimately, Moliterno urges the profession to look outward and forward to find in society and culture the causes and connections with these periodic crises. Doing so would allow the profession to grow with the society, solve problems with, rather than against, the flow of society, and be more attuned to the very society the profession claims to serve.
This paperback version includes a commentary on the prevailing crisis in legal education.

Legal Research: A Practitioner's Handbook provides practical advice on every aspect of effective legal research: problem analysis, selecting and finding the best sources; and presenting results effectively. This third edition has been thoroughly updated, taking into account the increasing popularity of commercial databases aimed at UK law practitioners; the overhaul of a number of government and other official sites (national and international); and significant changes to directions by UK courts relating to the conduct and presentation of legal research. New material on the use of social media in legal research, business information and making use of a law firm's internal precedents has also been added. Part A covers problem identification and analysis, followed by advice on how to select the best sources and formats (paper or electronic) for research. Part B deals with the information most frequently sought by practitioners, listing sources with analytical comments and, for a selection of the most complex, 'how to use' instructions developed to a standard template. Jurisdictional coverage includes England, Wales, Scotland, Northern Ireland and the European Union, with the addition of information on key sources in European human rights and international law. Part C details sources on how to make the presentation of the results of legal research more effective. These three parts are supplemented by Part D, which describes in non-technical language how a practitioner might get the best value for money when buying information, whether print or online, from commercial law publishers. Extensive appendices provide indexes to abbreviations for Acts, journals and law reports; a glossary of technical terms used in legal research; a summary of the practice directions, statements and decisions of the UK courts relating to legal research; a table of guidance on how to devise more effective searches on the four most popular commercial databases; and a popular names index for legislation and cases relating to the UK and the EU

There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In "The Legal Analyst," Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law.
From classic ideas in game theory such as the "Prisoner's Dilemma" and the "Stag Hunt" to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth's guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples.
"The Legal Analyst" is an indispensable user's manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.

Writing and Drafting in Legal Practice provides an up to date and comprehensive guide to writing and drafting - from the first stages of preparation to the final edit - for anyone starting out on a legal career. Unlike an English usage text or style guide or a specialised drafting or precedent book, Writing and Drafting in Legal Practice condenses and combines the main principles, rules, techniques and conventions in one volume for newcomers to legal writing and drafting. It is designed to accompany readers from vocational study through to their qualification as solicitors, as well as throughout the early years of practice. Coverage of email and other electronic communications is included, as are a wide range of legal writing formats such as reports and memoranda. Featuring checklists and examples, it can also be used as a reference for suggested approaches to common problems.

Innovation. How to go about it, what it can do for your business - what even is it? Can innovation be applied in the legal environment? Such is the interest and appetite for legal innovation that, in the last 18 months, ARK has published over a dozen titles with innovation in their remit, covering everything from knowledge management to pricing, from marketing to recruitment, and everything in between. This compilation deep-dives into the key areas that drive innovation forward in the legal profession, combining the views and experiences of 14 leaders in their fields.

This book is about the role of lawyers in constructing a just society. Its central objective is to provide a deeper understanding of the relationship between lawyers' commercial aims and public aspirations. Drawing on interdisciplinary and comparative perspectives, it explores whether lawyers can transcend self-interest to meaningfully contribute to systems of political accountability, ethical advocacy and distributional fairness. Its contributors, some of the world's leading scholars of the legal profession, offer evidence that although justice is possible, it is never complete. Ultimately, how much - and what type of - justice prevails depends on how lawyers respond to, and reshape, the political and economic conditions in which they practise. As the essays demonstrate, the possibility of justice is diminished as lawyers pursue self-regulation in the service of power; it is enhanced when lawyers mobilize - in the political arena, workplace and law school - to contest it.

This book is about the role of lawyers in constructing a just society. Its central objective is to provide a deeper understanding of the relationship between lawyers' commercial aims and public aspirations. Drawing on interdisciplinary and comparative perspectives, it explores whether lawyers can transcend self-interest to meaningfully contribute to systems of political accountability, ethical advocacy and distributional fairness. Its contributors, some of the world's leading scholars of the legal profession, offer evidence that although justice is possible, it is never complete. Ultimately, how much - and what type of - justice prevails depends on how lawyers respond to, and reshape, the political and economic conditions in which they practise. As the essays demonstrate, the possibility of justice is diminished as lawyers pursue self-regulation in the service of power; it is enhanced when lawyers mobilize - in the political arena, workplace and law school - to contest it.

Description | View table of contents Look insideLook inside Author(s): Clare Jones , Sarah Goulbourne , Steve Couch Publication date: Aug 2021 Format: Softback Pages: 180 Price: GBP65.00 ISBN: 9781787424265 Lawyers of the 2020s operate in a ferociously competitive world and face unprecedented complexity, change and conflicting demands. As well as regulatory, legislative, economic and political uncertainty, other challenges include pricing pressures, technological advances, and market innovation. In this climate, professional development is ever more critical and the ambitious legal professional must develop their own competitive strategy to survive and thrive. In this book, authors Clare Jones, Steve Couch and Hannah Beko from leading challenger law firm gunnercooke, apply real-life, evidence-based coaching techniques and step-by-step practices exclusively to the legal sector. It also features a foreword written by Sarah Goulbourne. Through exploring ten core areas of professional development for lawyers, discover how to unleash yourself from your barriers and future-proof your legal career today. Content covers everything from self-discovery, through to thought-leadership and pitching as well as the skills and behaviours that underpin success. Readers are invited to create their own dynamic personal development programme and are challenged to hold themselves accountable for delivering it. This title will help senior level lawyers looking to build a lasting reputation, successful practice and sustainable, balanced career. It will provide clarity about your value and a deeper understanding of how to develop client relationships, as well as uncovering challenges to your progress and identifying priority next steps to make everything you do more effective.

New to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in the text and on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on 'The European Dimension' reflecting the changes brought about by the Human Rights Act 1998.

This book provides both experienced and inexperienced practitioners, as well as advanced students, with a guide to the strategies associated with researching international commercial arbitration as well as the sources associated with that field of law. Up until very recently, the field of international commercial arbitration was populated solely by specialists who knew the sources and strategies for researching relevant authorities. However, as the practice and business of law has become more international and more diversified, generalists have begun to enter the field while the number of specialized sources associated with international commercial arbitration has grown exponentially. The book combines instructional text with a bibliography of sources to teach readers where to find relevant material. The instructional chapters discuss the most important methods by which one conducts research in international arbitration, while the bibliography provides guidance on where to find that material.
Furthermore, the book will offer tips on how to present a case to an international tribunal, which is quite different than presenting a case to a national court.
In effect, the book walks the reader through the steps associated with researching and presenting issues in international commercial arbitration. For example, the book covers:
Where to find reported international arbitral awards (as opposed to judicial decisions)
Where to find specialist treatises and journal articles on international arbitration
How to use the various sources and evaluate the weight of competing authority
How to present one's findings to an international arbitral panel
How to consider thespecial issues that relate to international arbitration
Additionally, the book takes advantage of empirical research into the conduct of arbitration, giving an insider's view of the process.

This practical guide to developing leadership skills in policing examines the qualities that make up a good leader, providing a variety of examples of good leadership approaches in various policing contexts. Police organizations are increasingly recognizing the role of leadership at every level of the police hierarchy; with police officers involving themselves with partnership work, attending and facilitating public meetings and heading neighborhood policing teams, as well as their more traditional police work.
This book aims to enhance leadership skills in policing and ensure officers carry out their duties as effectively as possible. It outlines the theory and concepts of leadership and applies them to police management structures, offering advice on a wide range of issues. These issues include leading teams, motivating others, dealing with disputes, problem-solving, participating in meetings and ethical leadership. All explanations are supported by exercises, examples of both good and bad leadership approaches, flow charts, useful websites and suggested further reading. The first practical guide to tackle leadership aimed at uniformed officers, this title is an essential purchase for anyone within the police service who has responsibility for leading at the front line of the police service.
The book forms part of the Blackstone's Practical Policing Series. The series, aimed at junior to middle ranking officers, consists of practical guides containing clear and detailed explanations of the relevant legislation and practice, accompanied by case studies, illustrative diagrams and useful checklists.

New to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in the text and on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on 'The European Dimension' reflecting the changes brought about by the Human Rights Act 1998.

Anyone who has attended law school knows that it invokes an important intellectual transformation, frequently referred to as "learning to think like a lawyer". This process, which forces students to think and talk in radically new and toward different ways about conflicts, is directed by professors in the course of their lectures and examinations, and conducted via spoken and written language. Beth Mertz's book is the first study to truly delve into that language to reveal the complexities of how this process takes place. Mertz bases her linguistic study on tape recordings from her first year Contracts courses in eight different law schools. She knows how all these schools employ the Socratic method between teacher and student, forcing the student to shift away from moral and emotional terms in thinking about conflict, toward frameworks of legal authority instead. This move away from moral frameworks is key, she says, arguing that it represents an underlying world view at the core not just of law education, but for better or worse, of the entire US legal system - which, while providing a useful source of legitimacy and a means to process conflict, fails to deal systematically with aspects of fairness and social justice. The latter part of her study shows how differences in race and gender makeup among law students and professors can subtly alter this process. Written within the tradition of anthropological lingustics, Mertz's work - the first to study law school in this sort of detail - will appeal to a wide spectrum of readers interested in the intersection of law, language, and society: sociolinguists; anthropologists; feminist, race, and social theorists, and law professors.

Historians have long recognized that members of the lower branch of the legal profession, the ancestors of the modern solicitors, played an important part in early modern English society, but difficulties in establishing their identities and recovering their career patterns have hitherto left them virtually unstudied. This work charts the massive sixteenth-century increase in central court litigation and offers an explanation of it largely in terms of social change and the decline of local jurisdictions. At the same time, it argues that the period witnessed a major turning point in the relationship between the legal profession and English society. The number of practitioners in the lower branch who were associated with the legal institutions of London grew to such an extent that by 1640 the ratio of lawyers to population was not much different from that in the early twentieth century. Although this tremendous growth in the amount of legal business and the number of legal practitioners created some serious administrative problems, the commonly held view that the lower branch in this period was largely untrained, dishonest, and uncontrolled is no more than a myth.

Anglo-American private law has been a far more complex phenomenon than has been usually recognized. Attempts to reduce it to a single explanatory principle, or to a precisely classified or categorized map, scheme, or diagram, are liable to distort the past by omitting or marginalizing material inconsistent with proposed principles or schemes. This study will be of importance to all who are interested in property, tort, contract, unjust enrichment, legal reasoning, legal method, the history of the common law, and the relation between legal theory and legal history.

Anglo-American private law has been a far more complex phenomenon than has been usually recognized. Attempts to reduce it to a single explanatory principle, or to a precisely classified or categorized map, scheme, or diagram, are liable to distort the past by omitting or marginalizing material inconsistent with proposed principles or schemes. This study will be of importance to all who are interested in property, tort, contract, unjust enrichment, legal reasoning, legal method, the history of the common law, and the relation between legal theory and legal history.

Now available in a paperback edition, law and technology guru Richard Susskind, author of bestselling The Future of Law, brings together in one volume eleven significant essays on the application of IT to legal practice and the administration of justice, including key topics such as knowledge management and the impact of electronic commerce and electronic government. This edition includes a new Preface, in which Susskind puts forward his views on the burst of the dotcom bubble, offers an extension to his Grid to cover in-house lawyers, and comments on the next big things in this area: e-learning, document assembly, online dispute resolution, e-mail management, and matter-centric systems.

In the updated, fourth edition of this classic text which has been translated into over a dozen languages, constitutional scholar and Columbia Law School professor E. Allan Farnsworth provides a clear explanation of the structure and function of the U.S. legal system in one handy reference. AnIntroduction to the Legal System of the United States, Fourth Edition is designed to be a general introduction to the structure and function of the legal system of the United States, and is especially useful for those readers who lack familiarity with fundamental establishments and practices.
This text also gives the reader a clear understanding of how to research the law, the importance of case law versus statutes, and the difference between private and public law. It illustrates issues that may be confusing or troublesome and provides a solid general overview. It includes a new introduction by Steve Sheppard.

Legal skills are certain to play an essential role in the future of legal education at both the academic and professional stages. Advocacy, negotiation and fact-finding will be studied alongside the more traditional topics of statutory interpretation and precedent. Once acquired, these skills will become fundamental to future studies and legal practice.;This is an introduction to the acquisition of critical legal skills, exploring how problems can be analyzed and how concepts like justice or efficiency may be used to argue for reform. The materials can be used as the basis of a first year course or an intensive introductory course in the first few weeks, or to develop skills throughout a three or four year course.;Simon Lee has also written "Law and Morals", "Judging Judges" and "The Cost of Free Speech".

With legal fees coming under increasing scrutiny, all law firms, whether they charge by the hour or operate alternative fee arrangements (AFAs) will need to negotiate fees; be it a discount to an hourly rate or a year-long fixed retainer. Budgeting and negotiating skills will be needed by all fee earners with responsibility for agreeing any fees or discounts. The more a firm uses AFAs, the more important budgeting and negotiating becomes. Budgeting and Negotiating Fees with Clients: A Lawyer's Guide is a must-have handbook for individual lawyers, firm leaders and directors of support services who are looking to tackle these challenges head on at both an operational and a strategic level. It provides: * Clear analysis of the increasing importance of budgeting and negotiating fees for all firms whether they have adopted AFAs or rely on hourly rates; * A step-by-step guide for improving individual behaviour and firm-wide processes; and * Practical tools for generating consistently profitable fee structures. Supported by case studies from law firms and law firm clients, along with input from other management consultants, this report covers topics including: * Fee models adopted by law firms; * How AFAs are intensifying the need for budgeting and negotiating skills; * Alternative fees - risks and how to avoid them; * Understanding law firm financial data - a prerequisite for successful budgeting and negotiation; * Creating a realistic matter budget; * An introduction to legal project management; * Overcoming obstacles to negotiating fees effectively; * Managing the negotiation process effectively; * Obtaining the desired fees and structures; * Tips, tactics and tricks for negotiating; * Developing a strategy for better budgeting and negotiating; * Implementing change and embedding best practice; * Business tools for budgeting, negotiating and client communication; * How to operate value billing; and * Best practice law firm negotiation from a client's perspective. This invaluable resource also includes supporting checklists and templates to allow readers to start putting the lessons learnt throughout the report into practice immediately.

Criminal Litigation offers a comprehensive and practical guide to the areas of criminal litigation covered on the Legal Practice Course. Making effective use of realistic case studies backed up by online documentation, the text combines theory with practical considerations and encourages students to focus on putting their knowledge into a practical context. Written in an informal and accessible style, it covers all procedural and evidential issues that arise in criminal cases. The more complex areas of criminal litigation are examined using numerous diagrams, flowcharts, and examples, while potential changes in the law are highlighted by specially designed 'Looking Ahead' boxes. Chapters end with key points summaries and self-test questions, enabling students to quickly sum up what they have read and test their own knowledge. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - Access to a digital version of this book comes with every purchase to enable a more flexible learning experience-12 months' access to this title on Oxford Learning Link will be available from 15 July 2022. Access must be redeemed by 1 August 2024. - The online resources include case study documentation; web links; three additional chapters covering 'Advising at the Police Station - Practical Steps', 'White Collar Crime - Regulatory Offences', and 'Sentencing in Road Traffic Cases'; answers to self-test questions; video case studies; and criminal Litigation Express Train timeline.

In this groundbreaking book, Randall Kiser presents a multi-disciplinary, practice-based introduction to the major soft skills for lawyers: self-awareness, self-development, social proficiency, wisdom, leadership, and professionalism. The work serves as both a map and a vehicle for developing the skills essential to self-knowledge and fulfillment, organizational respect and accomplishment, client satisfaction and appreciation, and professional improvement and distinction. It identifies the most important soft skills for attorneys, describes and applies hundreds of studies regarding psychology, law, and soft skills, and provides concrete steps and methods to improve soft skills. The book should be read by law students, attorneys, and anyone else interested in how lawyers should practice law.