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Books > Law > Jurisprudence & general issues > Legal skills & practice > General
The field of artificial intelligence (AI) and the law is on the cusp of a revolution that began with text analytic programs like IBM's Watson and Debater and the open-source information management architectures on which they are based. Today, new legal applications are beginning to appear and this book - designed to explain computational processes to non-programmers - describes how they will change the practice of law, specifically by connecting computational models of legal reasoning directly with legal text, generating arguments for and against particular outcomes, predicting outcomes and explaining these predictions with reasons that legal professionals will be able to evaluate for themselves. These legal applications will support conceptual legal information retrieval and allow cognitive computing, enabling a collaboration between humans and computers in which each does what it can do best. Anyone interested in how AI is changing the practice of law should read this illuminating work.
For centuries, most people believed the criminal justice system worked - that only guilty defendants were convicted. DNA technology shattered that belief. DNA has now freed more than three hundred innocent prisoners in the United States. This book examines the lessons learned from twenty-five years of DNA exonerations and identifies lingering challenges. By studying the dataset of DNA exonerations, we know that precise factors lead to wrongful convictions. These include eyewitness misidentifications, false confessions, dishonest informants, poor defense lawyering, weak forensic evidence, and prosecutorial misconduct. In Part I, scholars discuss the efforts of the Innocence Movement over the past quarter century to expose the phenomenon of wrongful convictions and to implement lasting reforms. In Part II, another set of researchers looks ahead and evaluates what still needs to be done to realize the ideal of a more accurate system.
This is a practical guide to policing domestic violence in the
United Kingdom. It sets out approaches to help identify victims
early and target offenders through the effective use of
intelligence across a range of offending. It also offers guidance
on investigative techniques, risk assessment, inter-agency murder
reviews and information-sharing. The impact of domestic violence on
children and other witnesses is discussed, and the powers available
to police under new legislation are outlined.
Hardly known twenty years ago, exclusion from public space has today become a standard tool of state intervention. Every year, tens of thousands of homeless individuals, drug addicts, teenagers, protesters and others are banned from parts of public space. The rise of exclusion measures is characteristic of two broader developments that have profoundly transformed public space in recent years: the privatisation of public space, and its increased control in the 'security society'. Despite the fundamental problems it raises, exclusion from public space has received hardly any attention from legal scholars. This book addresses this gap and comprehensively explores the implications that this new form of intervention has for the constitutional essentials of liberal democracy: the rule of law, fundamental rights, and democracy. To do so, it analyses legal developments in three liberal democracies that have been at the forefront of promoting exclusion measures: the United Kingdom, the United States, and Switzerland.
Law, by its very nature, tends to think locally, not globally. This book has a broader scope in terms of the range of nations and offers a succinct journey through law schools on different continents and subject matters. It covers education, research, impact and societal outreach, and governance. It illustrates that law schools throughout the world have much in common in terms of values, duties, challenges, ambitions and hopes. It provides insights into these aspirations, whilst presenting a thought-provoking discussion for a more global agenda on the future of law schools. Written from the perspective of a former dean, the book offers a unique understanding of the challenges facing legal education and research.
Toward the end of the twentieth century, English lawyers enjoyed widespread respect and prosperity. They had survived criticism by practitioners and academics and a Royal Commission enquiry, but the final decade witnessed profound changes. First the Conservatives sought to apply laissez-faire principles to the profession. Then Labour transformed the legal aid scheme it had created half a century earlier. At the same time, the profession confronted cumulative changes in higher education and women's aspirations, internal and external competition, and dramatic fluctuations in demand. This book analyses the politics of professionalism during that tumultuous decade, the struggles among individual producers (barristers, solicitors, foreign lawyers, accountants) their associations, consumers (individual and corporate, public and private) and the state to shape the market for legal services by deploying economic, political and rhetorical resources (including changing conceptions of professionalism). The profession had to respond to a greatly increased production of law graduates and the desire of lawyer mothers (and also fathers) to raise their families. It had to replace exclusivity with efforts to reflect the larger society (class, race, gender). The Bar needed to address challenges to its exclusive rights of audience from both solicitors and employed barristers and decide whether to retaliate by permitting direct access, thereby compromising its claim to be a consulting profession. Solicitors had to reconcile their invocation of market principles against the Bar with their resistance to corporate conveyancing and multidisciplinary practices. Government had to restrain a demand-led legal aid scheme; practitioners and their associations sought to pressure the government to expand eligibility and raise remuneration rates. Divisions within both branches so compromised self-regulation and governance that the government even threatened to deprive lawyers of those essential elements of professionalism. These challenges have begun a transformation of the legal profession that will shape its evolution throughout the twenty-first century.
Teaching Law re-imagines law school teaching and scholarship by going beyond crises now besetting the legal academy and examining deeper and longer-lasting challenges. The book argues that the legal academy has long neglected the need to focus teaching and scholarship on the ideals of justice that law fitfully serves, the political origins of law, and the development of a respectful but critical relationship with the legal profession. It suggests reforms to improve the quality of legal education and responds to concerns that law schools eschew the study of justice, rendering students amoralist; that law schools slight the political sources of law, particularly in legislative action; and that law schools have ignored the profession entirely. These areas of neglect have impoverished legal teaching and scholarship as the academy is refashioned in response to current financial exigencies, and addressing them is long overdue.
Teaching Law re-imagines law school teaching and scholarship by going beyond crises now besetting the legal academy and examining deeper and longer-lasting challenges. The book argues that the legal academy has long neglected the need to focus teaching and scholarship on the ideals of justice that law fitfully serves, the political origins of law, and the development of a respectful but critical relationship with the legal profession. It suggests reforms to improve the quality of legal education and responds to concerns that law schools eschew the study of justice, rendering students amoralist; that law schools slight the political sources of law, particularly in legislative action; and that law schools have ignored the profession entirely. These areas of neglect have impoverished legal teaching and scholarship as the academy is refashioned in response to current financial exigencies, and addressing them is long overdue.
Modern Legal Drafting provides a comprehensive, authoritative guide to drafting legal documents in effective, plain English. Peter Butt, a leading expert in the field, has fully revised and updated the text for this new edition. It combines a practical focus with the legal principles that underpin the use of plain language in law. This dual practical and academic approach distinguishes it from other books in the field. It includes expanded material on the techniques for achieving a style that is both clear and legally sound. It also includes new material on the challenges and merits of drafting in plain language, and provides many before-and-after examples to help both practising lawyers and students develop their skills. It takes an international approach, drawing upon case law and statutes from England, Australia, New Zealand, the United States, Canada, Ireland, India, Malaysia, Singapore and Hong Kong.
Will Donald trump international law? Since Trump's Administration took office, this question has haunted almost every issue area of international law. One of our leading international lawyers-a former Legal Adviser of the US State Department, Assistant Secretary of State for Human Rights, and Yale Law Dean-argues that President Trump has thus far enjoyed less success than many believe, because he does not own the pervasive "transnational legal process" that governs these issue areas. This book shows how those opposing Trump's policies during his administration's first two years have successfully triggered that process as part of a collective counter-strategy akin to Muhammad Ali's "rope-a-dope." The book surveys immigration and refugee law, human rights, climate change, denuclearization, trade diplomacy, relations with North Korea, Russia and Ukraine, America's "Forever War" against Al Qaeda and the Islamic State, and the ongoing tragedy in Syria. Koh's tour d'horizon illustrates the many techniques that players in the transnational legal process have used to blunt Trump's early initiatives. The high stakes of this struggle, and its broader implications for the future of global governance-now challenged by the rise of populist authoritarians-make this exhausting counter-strategy both worthwhile and necessary.
Beyond the Courtroom provides a compilation of articles and chapters by a dispute resolution scholar who has made remarkable contributions over his thirty-year career. Professor Abramson has focused his research and practice on parties trying to resolve their own disputes. This book includes publications that have contributed to launching the then new field of mediation representation with special attention on how attorneys, as gate keepers to mediation, can effectively represent clients. The book also includes his original publications that have contributed to the emerging field of intercultural and international mediation and the already robust and mature field of negotiations.
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 Special Report on Legal Tech and Digital Transformation offers a practical framework on the following topics: * What impact do technology, legal tech and technology-based legal services have on the formulation of strategy in traditional law firms? * Does legal tech affect the competitive positioning of law firms? * Legal tech and client services delivery: will the distinctive value proposition of law firms change? * How does legal tech impact the traditional business models of law firms? * How do national and international law firms implement technology in their business model? What are best practices and what can we learn? The report concludes with a commentary on the perspectives law firms should consider in regard to legal tech companies and legal process outsourcing (LPO) providers (and how should they respond). Will we see mergers between law firms and such new entrants and legal tech companies? How will the 'Big 4' embed legal tech in their services and where will they try to compete?
Many legal writing texts emphasize how one writes; this book is unique because it also focuses on why one writes. Every chapter challenges the reader to write to achieve a strategic objective. Each assignment has been carefully considered by the authors, and fully vetted to simulate the decision-making involved in the preparation of important legal writing, whether in a general counsel's office, a law office, a government attorney's office, or a judge's chambers. Simply put, the authors' approach is that effective legal writing does not exist in a vacuum. This book provides practical assignments that teach the student that the best legal writing is not an end in itself, but a means to a larger strategic objective.
The past two decades have seen renewed scholarly and popular interest in the law and morality of war. Positions that originated in the late Middle Ages through the seventeenth century have received more sophisticated philosophical elaboration. Although many contemporary writers appeal to ideas drawn from Kant's moral philosophy, his explicit discussions of war have not yet been brought into their proper place in these debates. Ripstein argues that a special morality governs war because of its distinctive immorality: the wrongfulness of entering or remaining in a condition in which force decides everything provides the standards for evaluating the grounds of initiating war, the ways in which wars are fought, and the results of past wars. The book is a major intervention into just war theory from the most influential contemporary interpreter and exponent of Kant's political and legal theories. Beginning from the difference between governing human affairs through words and through force, Ripstein articulates a Kantian account of the state as a public legal order in which all uses of force are brought under law. Against this background, he provides innovative accounts of the right of national defence, the importance of conducting war in ways that preserve the possibility of a future peace, and the distinctive role of international institutions in bringing force under law.
The legal profession needs more than law. Whether you are a student, a law school, a university, a law firm or an in-house legal team, The Legal Team of the Future is the definitive guide to understanding and building the holistic skills required of those working in legal services now and in the future. Highlighting the importance of multidisciplinary teams working collaboratively to solve legal problems, the book introduces a ‘Law+’ model for the profession, comprising sixteen skills across four quadrants: Law+People, Law+Business, Law+Change and Law+Technology. As well as outlining each of the skills, the book explains how to build those skills as an individual, a law firm, an in-house team, a university or a law school. Designed for both lawyers and business professionals working in law, The Legal Team of the Future dispels the myth that the ‘lawyer of the future’ is solely responsible for the future of the profession, instead focusing on diverse individuals working within their own specializations. The Law+ model is more than an academic theory, containing real-world examples and case studies and devised by an expert in legal innovation who is still working in the field on a daily basis. This book is the guide you need to navigate the future of the legal profession and to stay ahead of the pack in delivering legal services to clients.
Addressing the misunderstood and misrepresented aspects of the law in today's writing, this reliable guidebook demonstrates how to use legal concepts, terminology, and procedure to create fiction that is true to life and crackling with real-world tension. Examples from actual cases are provided along with excerpts of authentic courtroom dialogue. Topics covered include criminal and civil law; differences between federal, state, and Native American jurisdiction; police and private investigation; wills and inheritances; and the written and unwritten codes that govern the public and private conduct of lawyers and judges. Providing a quick and simple legal reference, this handbook is the key to creating innovative plots, strong conflicts, authentic characters, and gritty realism.
It has long been recognized that court trials in the common law system, both criminal and civil, operate around pairs of competing narratives told by opposing advocates. In recent years, however, it has increasingly been argued that narrative flows in many directions and through every form of legal theory and practice. Interest in the part played by metaphor in the law, including metaphors for the law, and for many standard concepts in legal practice, has also been strong, though research under the metaphor banner has been much more fragmentary. In this book, for the first time, a distinguished group of legal scholars, collaborating with specialists from cognitive theory, journalism, rhetoric, social psychology, criminology, and legal activism, explore how narrative and metaphor are both vital to the legal process. Together, they examine topics including concepts of law, legal persuasion, human rights law, gender in the law, innovations in legal thinking, legal activism, creative work around the law, and public debate around crime and punishment.
Over the past several decades, the number of lawyers in large
cities has doubled, women have entered the bar at an unprecedented
rate, and the scale of firms has greatly expanded. This immense
growth has transformed the nature and social structure of the legal
profession. In the most comprehensive analysis of the urban bar to
date, "Urban Lawyers" presents a compelling portrait of how these
changes continue to shape the field of law today.
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.
Criminology Skills covers both criminological study skills and research skills in one volume, giving students the skills they need to succeed in the study of criminology. A three-part structure covers finding source materials, academic skills, study skills, and research methodology, guiding students through a range of skills and methods which they will need to practise and demonstrate in their degree. Topics covered include finding and evaluating criminological resources, referencing and avoiding plagiarism, preparing for exams, planning a research project, data analysis and much more. Criminology Skills first helps students to establish a strong and comprehensive skills foundation before building to a more advanced level, increasing their competence and confidence with which to approach projects. Digital formats and resources The third edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources that support the book include: -Practical exercises -Animated walk-throughs showing how to use online databases -Activities to help students test their understanding of ethical considerations and of the differences between quantitative and qualitative research methods
This is a coursebook designed for students of translation, which will also benefit professional translators as it covers key issues in contemporary legal translation. The book is divided into two main parts. The first, theoretical part, explores issues such as types of legal texts, readership, communicative purpose, global and local strategies, and modality in addition to analysing the common features of legal discourse in both languages, be they lexical, syntactic, or textual. The second, practical part, discusses issues such as legal rights, contractual obligations, torts, crimes, people and law. It focuses on all types of legal texts, regardless of their classification and examines legislative texts, which have acquired a certain degree of notoriety rarely equalled by any other variety of English.
Introduces students to legalistic, theoretical, empirical, comparative and cross-disciplinary research methods, grounded in working examples. Drawing on actual research projects, Research Methods for Law discusses how legal research as process impacts on research as product. The author team has a broad range of teaching and research experience in law, criminal justice and socio-legal studies, and give examples from real-life research products to illustrate the theory. New for this edition: a new chapter on inter- and cross-disciplinary research - essential reading for international students and students with a non-law first degree undertaking research in the areas of law, criminology, psychology and sociology; research ethics has been expanded to a full chapter that includes current plagiarism and imperfect disclosure; existing chapters have been brought up-to-date with the newest thinking in legal research.
No occupation in America supplies a greater proportion of leaders than law. They obviously lead law firms, but they also sit at the helm of a vast and diverse array of businesses across America, including 10 percent of S & P 500 firms. And of course, a strikingly large percentage of our political leaders are attorneys, including half the members of Congress. This raises two obvious questions: why do we look to lawyers to lead, and why do so many of them prove to be so untrustworthy and unprepared? In Lawyers as Leaders, eminent law professor Deborah Rhode not only answers these questions but crafts an essential manual for attorneys who need to develop better leadership skills. She contends that the legal profession attracts a large number of individuals with the ambition and analytic capabilities to be leaders, but often fails to develop other qualities that are essential to their effectiveness. The focus of legal education and the reward structure of legal practice undervalue the interpersonal skills and ethical commitments necessary for successful leadership. Although some lawyers are sufficiently gifted to need little reinforcement, Rhode shows that the vast majority of law school graduates need to develop the leadership characteristics that she profiles. They know it too. According to one survey, almost 90 percent of attorneys stated that their law schools did not teach them leadership skills. Given the importance of the topic, it is surprising how little the profession has done to develop leadership skills. The first serious treatment of the subject, Lawyers as Leaders will be essential to law school instructors who teach leadership courses (a growing field) and any attorney who finds him or herself in a management position. |
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