""Playing it Safe, How the Supreme Court Sidesteps Hard Cases and Stunts the Development of Law" is a book that will not only entertain but also remind us of the fact that many of the Court's most interesting decisions come not in its published written opinions addressing the merits of a case, but in their decisions not to hear a case based on purely procedural rationales. Recommended."
-- "New York Law Journal"

"Kloppenberg has provided the first sustained attack on the long-standing judicial practice of avoidance in at least a generation...her argument deserves careful attention."
--Cass Sunstein," New Republic," 10/01

It is one of the unspoken truths of the American judicial system that courts go out of their way to avoid having to decide important and controversial issues. Even the Supreme Courtfrom which the entire nation seeks guidancefrequently engages in transparent tactics to avoid difficult, politically sensitive cases.

"[A] well-informed book."
-- "Choice"

The Court's reliance on avoidance has been inconsistent and at times politically motivated. For example, liberal New Deal Justices, responding to the activism of a conservative Court, promoted deference to Congress and the presidency to protect the Court from political pressure. Likewise, as the Warren Court recognized new constitutional rights, conservative judges and critics praised avoidance as a foundational rule of judicial restraint. And as conservative Justices have constituted the majority on the Court in recent years, many liberals and moderates have urged avoidance, for fear of disagreeable verdicts.

By sharing the stories of litigants who struggled unsuccessfully to raise before theSupreme Court constitutional matters of the utmost importance from the 1970s-1990s, Playing it Safe argues that judges who fail to exercise their power in hard cases in effect abdicate their constitutional responsibility when it is needed most, and in so doing betray their commitment to neutrality. Lisa Kloppenberg demonstrates how the Court often avoids socially sensitive cases, such as those involving racial and ethnic discrimination, gender inequalities, abortion restrictions, sexual orientation discrimination, and environmental abuses. In the process, the Court ducks its responsibility to check the more politically responsive branches of government when "majority rule" pushes the boundaries of constitutional law. The Court has not used these malleable doctrines evenhandedly: it has actively shielded states from liability and national oversight, and aggressively expanded standing requirements to limit the role of federal courts.

This new edition of Criminal Defence offers a step-by-step guide to practice and procedure in all of the criminal courts. It covers the process in detail, from the role of the defence solicitor, through to shaping a case at the police station, to preparing for trial and finally action after acquittal or conviction and sentence. It also contains specific chapters on youths and clients at a disadvantage. Based on up-to-date case law, it is a best practice guide to being a criminal solicitor and complements the goals of the Law Society's Criminal Law Accreditation Scheme.

Among the men who rose to power in France in 1789, lawyers were heavily represented. To a large extent, they also shaped the evolution of French political culture of the ancien regime. Lawyers and Citizens traces the development of the French legal profession between the reign of Louis XIV and the French Revolution, showing how lawyers influenced, and were influenced by, the period's passionate political and religious conflicts. David Bell analyzes how these key "middling" figures in French society were transformed from the institutional technicians of absolute monarchy into the self-appointed "voices of public opinion", and leaders of opposition political phamphleteering. He describes the birth of an independent legal profession in the late seventeenth century, its alienation from the monarchy under the pressure of religious disputes in the early eighteenth century, and its transformation into a standard-bearer of "enlightened" opinion in the decades before the Revolution. Lawyers and Citizens also illuminates the workings of politics under a theoretically absolute monarchy, and the importance of long-standing constitutional debates for the ideological origins of the Revolution. It also sheds new light on the development of the modern professions, and of the French legal system. Based on extensive primary research, this study will be of interest to historians and legal scholars alike.

Text extracted from opening pages of book: CONCISE LAW DICTIONARY FOR STUDENTS AND PKACTITIONEBS WITH SUMMARIES OF THE LEADING CASES AND A TRANSLATION OF ROMAN LAW TERMS AND LATIN MAXIMS. BY P. G. OSBORN. LL. B. Of University College, London, of Oray's Inn, Barri& ter-at-Law and of the Inland Revenue Department. LONDON: SWEET & MAXWELL, LIMITED, 2 & 3 CHANCERY LANE, W. C. 2. TORONTO: THE CAR8WELL COMPANY, LIMITED. SYDNEY, MELBOURNE, BRISBANE: THE LAW BOOK COMPANY OP AUSTRALASIA, LIMITED. 1927; ( Printed in England.) PREFAB. VVP THIS book is an attempt to provicre a concise law dictionary for the use of the practitioner and the student, in which the words and phrases, the rules and doctrines of the law of England, are defined and explained. Matter of mere antiquarian interest has been excluded, and space has been found to give on subjects of importance fuller notes than are usually attempted. For instance, in addition to the ordinary definition of an infant, I have endeavoured to state concisely his liability in contract and tort, with a reference to the cases. To assist the student in his reading, the more important terms of the Roman Law have been included. To write a law book without cases is like building a house without foundations. This Dictionary is unique in my experience in. giving a summary of the leading cases in all the important branches of the law. The principle laid down or exemplified by the case is stated together, where necessary, with a brief statement of the facts, and the decision. References to the cases are made throughout under the proper headings. The student has to become familiar with a good many cases, and these notes, in a convenient form for reference, should prove of assistance. As the titles are arranged in strict alphabetical order, no references are of course given to pages. iv PREFACE. The effect of the new Property Acts and other recent statutes has been noted. I am under a particular obligation to Mr. Byrne for the free use I have made of his monumental Law Dictionary, and to Mr. J. L. Montrose, LL. B., Barrister at-Law, for reading the proofs and making many suggestions. I am indebted to my brother Mr. Harold Osborn and to Miss Helene Ross, B. A,, of University College, for their invaluable assistance. Any imper fections which may appear I very much regret, but the sacrifice of many leisure hours will not have been in vain if I am able to help the student along his interest ing but intricate way. P. G. 0. Work, work while it is yet day, and in your lives let there be no misspent hours. ( WiLLis, Law of Negotiable Securities, 4th ed., p. 171.) ( y ) LATIN FOR LAWYERS. ACCENT AND PRONUNCIATION. Accent. ( 1) In words of two syllables the accent is always on the first. E. g., bo-na, ju'-ris, / 6-rum. ( 2) In words of three or more syllables, the accent falls on the last syllable but one ( penultimate) if its vowel sound is long, but otherwise on the last but two ( ante-penultimate). E. g., tnan-da'-ta, per-so-tice, wa-tri-wio-m-um, cd-ve-at, Jwe-re-dt-tas. Pronunciation. The Latin alphabet is the same as the English except that it has no w. On the whole, the letters and combinations of letters ( e. g., er, or, oh, th) are pronounced as in English. I. VOWELS. The vowel sounds, as in English, may be either long or short. If short they are frequently indeterminate in unaccented syllables. For instance a, unless in the final syllablebefore a consonant, often has the sound of the final a in America. E. g., men-set, a-cu-ttts. Such indeterminate vowels are left unmarked in the examples given. THE LONG VOWELS ( a as in / ate, e in mete, I in pine, 6 in note, u in tube, y in type) are used in the following cases: ( 1) In final syllables ending in a vowel. E. g., con-di-ti-o ( kondfehio), / i-de-i ( fidel), si-tu ( situ). ( 2) In all syllables before a vowel or a diphthong. E. g., re-us ( reus). ( 3) Generally in accented syllables, other than final, before a single consonant, especially if it is f

In this book, 78 leading attorneys in California and New York describe how they evaluate, negotiate and resolve litigation cases. Selected for their demonstrated skill in predicting trial outcomes and knowing when cases should be settled or taken to trial, these attorneys identify the key factors in case evaluation and share successful strategies in pre-trial discovery, negotiation, mediation, and trials. Integrating law and psychology, the book shows how skilled attorneys mentally frame cases, understand jurors' perspectives, develop persuasive themes and arguments and achieve exceptional results for clients.

This book is unique among legal manuscripts in that it contains over ten years of writings on the subject of construction adjudication, giving it both a depth and breadth of coverage few publications can match. From the discussion of Macob Civil Engineering Ltd in Chapter 1 to PC Harrington Contractors Ltd in Chapter 41, the reader is treated to a thorough analysis of the significant cases which have been decided since the Housing Grants, Construction and Regeneration Act 1996 entered into force.

Show me the math is the first book of its kind entirely dedicated to understanding all of the strategic benefits, importance, and the value of cost estimates for corporate clients as well as law firms. Leveraging a 20-year career in corporate legal operations, Richard Brzakala reviews a plethora of topics on cost estimates and presents an in-depth analysis of the cost estimate framework and what clients (and firms) see as the most valuable components of a cost estimate strategy. The book also tackles operational and implementation topics, the dos and don'ts of successful implementation, and a special focus on overcoming challenges and meeting client expectations. This is a comprehensive insider's view of what corporate clients expect from their panel firms and a playbook on how cost estimates can improve a firm's market competitiveness in an increasingly homogenized and challenging legal marketplace. Drawing on nearly two decades of legal operations experience, servicing multiple clients and hundreds of law firms in dozens of countries, Richard has compiled his observations on how cost estimates can benefit corporate clients, legal professionals, finance and marketing experts, law students, alternative legal providers, and procurement and pricing specialists, and assist them in managing their matters, costs, and overall relationships.

We will begin this inquiry into innovating to "future-proof" our practices, not with the question of how to innovate, but rather with why we should concern ourselves with innovation. Because if we don't get the why right, none of the rest of our work on innovation will matter. We will move on from the question of why innovate to the business context in which all innovation occurs in this age. We won't dwell on the changes in the legal market already amply covered in the legal press-flat demand, plummeting realization, pressure to price differently, etc. Instead, we'll explore the broader business climate and technological context in which all practice will operate in the future. Our starting point will be to explore how profoundly dissatisfied our clients have become with traditional law firm service levels. As cordial as those clients may be over lunch or a round of golf, when truly pressed, most will admit to real frustration with how glacial the pace of change is inside law firms. Next, we'll move to a technology focus. This concerns radical shifts in our society that will reshape how we do everything...including law. Technology already in the pipeline will cause breathtaking transformations in our business and personal lives, whether we innovate or not. Changes wrought by this technology will exceed our imagination's ability to foresee them, will exceed even the ability of our best futurists to predict what will happen. We will then explore the competitive environment in which Midsize firms will be operating over the near and medium terms. Already, huge shifts in the economics of practice have taken place-largely driven by competitors from outside the traditional legal sector. In order to prepare to meet such emerging competition, you need to understand it. Next, we will talk about the skill deficits you have to remedy to compete in an age that expects Amazons and Ubers. We can argue about whether law school training properly equips young lawyers for substantive law practice. But there can be no argument about whether young lawyers emerge into practice equipped to manage the business of law-even the basics of it. They clearly do not. And most lawyers leave themselves in that state throughout their careers. From there, we will explore particular skills in more depth. In separate chapters, we will talk about: - Developing a baseline of service design skills using Design Thinking resources that are now available to lawyers, - Building a profit model and other business metrics capabilities that are essential as a means of measuring the efficacy of our innovation efforts, - Adding project management skills to firms to enhance our ability to manage both the everyday complexities of practice, as well as to carry off ambitious innovation initiatives, - Learning how to deconstruct and rebuild business processes so as to remove cost and add efficiency. This is the area in which our clients are most interested in seeing us innovate. Maybe we should cultivate those skills. For all the gloomy predictions about rising competition and increasing price pressure that you'll find in the pages that follow, I hope you emerge from this study with a sense of optimism. I'm not the only student of this portion of the legal sector to see the opportunities in store for firms that seek to become change leaders.

If we could know in 2020 what we will know in 2025 (only five foreseeable years into the future), how would we change our attitudes, actions, and the way in which we practice law, the services we offer, the clients we target, and the ways in which we choose to deliver our services? Indeed - if we could have known a year ago the events of the first three months in 2020, what might we have done to prepare? The American writer and humorist, Mark Twain, advised: "When everybody is out digging for gold, the business to be in is selling shovels!" So, what foreseeable trend may represent the figurative "shovel" that every client will need tomorrow?

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Written as a companion to Kleyn & Viljoen's Beginner's Guide for Law Students, this exciting new work takes students through the range of skills they will require throughout their studies and in practice. The material is presented in the same easy-to-use, fun and accessible manner that was used so successfully in the Beginner's Guide. Throughout, the authors use clear, simple language while never compromising on standards and accuracy. This book is available in English and Afrikaans versions.

With a preface by Michael H. Hoeflich, John H. & John M. Kane Professor of Law, University of Kansas School of Law and an introduction by William E. Butler, John Edward Fowler Distinguished Professor of Law, Pennsylvania State University Dickinson School of Law and Emeritus Professor of Comparative Law at University College London; Academician of the National Academy of Sciences of Ukraine. Includes the text of Vol. 1, No. 1 (Oct. 21, 1876) to Vol. 1, No. 26 (April 14, 1877), originally published: St. Paul, Minn.: J.B. West & Co. 1876-1877. "In 1876, John B. West, twenty-four years old, launched a new publication that would within a decade evolve into the National Reporter System. As a traveling salesman for an office supply company in St. Paul, young West visited many Minnesota attorneys. He learned that the official publishers of court reports were chronically slow. West was later to say that if the official state publishers had been properly doing their jobs there would have been no need for his reporters. His first publication, The Syllabi was an eight-page weekly news-sheet that contained "prompt and reliable intelligence as to the various questions adjudicated by the Minnesota Courts at a date long prior to the publication of the State Reports." Its immediate popularity among the bar soon forced it to outgrow its original format and coverage. In early 1877, only six months after it had begun, The Syllabi was replaced by the North-Western Reporter. The reporter, another weekly, was also a transitional publication. It contained the full text of all Minnesota Supreme Court decisions and Minnesota federal court decisions, as well as those from the Wisconsin Supreme Court in cases "of special importance." This publication lasted two years, four semi-annual volumes. In 1879, West announced a new series of the North Western Reporter (the first of the modern West regional reporters) that would publish the full text of all current supreme court decisions from Iowa, Minnesota, Michigan, Nebraska, Wisconsin, and the Dakota Territory. The Federal Reporter and the Supreme Court Reporter began within the next two years and, in 1885, West Publishing (as it was incorporated in 1882) announced the publication of four new reporters that, along with its current reports, gave it nationwide coverage. (.) The National Reporter System was soon proclaimed to have "Unquestionably revolutionized the whole plan of law reporting." --Thomas A. Woxland & Patti J. Ogden, Landmarks in American Legal Publishing. An Exhibit Catalogue 38-40.

For decades, companies in other industries have refined techniques to better understand their customers' needs, uncover insights, and develop new-to-the-world ideas, which are now products and services we use every day. Organisations have concluded that successfully adopting these methods, known as Design Thinking, have greater financial returns than pursuing more traditional ways of operating. As the legal industry grapples with increased complexity, accelerated market deadlines, and budget constraints, design thinking holds promise to create a more delightful client experience while also increasing profitability. This book features insights from leading experts in the field.

The only modern guide to interpreting and writing real property descriptions for surveyors

Technical land information is no longer the exclusive domain of professional surveyors. The Internet now houses a multitude of resources that nontechnical professionals--such as attorneys and realtors--access and implement on a daily basis. However, these professionals are trained in aspects of law and commerce that do not provide the proper education and experience to interpret and evaluate their land boundary information discoveries correctly. As a result, their analysis is often erroneous and the data misapplied--ultimately leading to confusion and costly litigation.

Professional Surveyors and Real Property Descriptions attempts to bridge the ever-widening gap between the users of land boundary information and the land surveyors who produce it. An expert team of authors integrates the historic and legal background of real property interests with fundamental concepts of the surveying profession in a manner accessible for average readers. These provide the basics for both properly comprehending older descriptions and competently constructing complete and modern real property descriptions that foster better communication. Highlights in this book include:

An in-depth exploration of historic descriptions and how to read them

Coverage of the widely accepted ALTA/ACSM Land Boundary Survey standards and associated property descriptions

A diverse collection of examples and practice scenarios

An overview of the latest issues related to the use of GPS and GIS

Written in easy-to-understand language, this practical resource assists nontechnical professionals in understanding exactly what a surveyor does and does not do, and serves as a valuable tool for obtaining the most satisfactory, accurate, and complete real property descriptions.

In this current period of the 21st century, our workplace is more diverse than at any other point in time. This diversity is due to a broadening ethnic mix, gender representation and spread of generations. Greater mobility, socioeconomic and legislative developments account in the most part for the first two factors, but what of the third? What has caused this widening of the generational spectrum in the workplace? Historically in law firms, the older generation, in particular partners, would move toward retirement and hand over the reins to the next oldest. In today's world of work, with improved healthcare, increased life expectancy, greater knowledge of fitness, and in part historic anxiety over the effects of the global recession, there's a reluctance to rush to retirement. Specifically, here we're talking about the Baby Boomer generation, who are aged between 55 and 73 and, as the name suggests, are not in short supply. Typically schooled in a traditional hierarchical command management style they are the generation now most often faced with tackling the integration of disruptive and aspirational Gen X'ers and more technologically adept and collaborative (but considered less driven) Gen Y or Millennials. They're also now seeing the newest arrivals, Gen Z, who bring an even greater affinity to everything digital but are not quite so comfortable with matters of an interpersonal nature. It's quite a challenge and the reason why this publication delves into the differences between the generations, their influences, preferences, strengths, and weaknesses, to better understand and thereby manage the staff who fall into the respective age groupings. The consequence of older generations remaining in a post is a fascinating and yet challenging prospect. Law firms can be presented with the task of managing at least four and sometimes five different age groups. It becomes five if we add that fit and able and working who are in their mid-70s and beyond, who belong to the "silent generation". Multiple generations in one practice with the oldest holding on to the power base and ownership can create pressure points for younger, ambitious professionals seeking a stake rather than simply a "steady job". It's likely that in many law firms those appealing for a place at the partners' table will now be coming from Generation Y or Millennials aged in their early to late 30s. Millennials are considered more focused on experiences outside of work than within, but this does not hide or diminish their need for recognition and reward. Gen X'ers will mostly be in their 40s and early 50s and the majority of this group will already have established their partnership credentials. In other words, if it was going to happen for them, it's likely to have been handled one way or another. The X'ers are something of a filling in the career sandwich, with slices of Millennial below and Boomer above. There is a smaller population of Generation X and they will need to find appropriate skills and knowledge to work with their younger and older generational colleagues for mutual gain. By 2020, 50 percent of the US workforce will be made up of Millennial or the "Y" Generation; by 2030 it will be 75 percent. These Millennial employees, born between 1980 and 1996, have ridden several seismic waves of change - from political and environmental to communication and technological innovation - and this pace of change shows little sign of abating. Having experienced an ever more connected, digitally-driven world, Millennials are now moving through firms to take greater responsibility, head teams, run departments or entire businesses, and in certain cases creating their own version of a law firm. This book explores the various generations within law firms and the challenges, threats, and opportunities they face as staff deal with colleagues from younger or older groups be they Baby Boomer or Generations X, Y (Millennial) or the next wave of "Z's" as they enter the world of work.

Strong writing skills are an essential ingredient to succeeding in your law degree. Packed full of practical tips and advice, Legal Writing Skills will help you to develop the ability to research, write and present your law assignments with clarity and confidence. Discover: Top tips on answering problem questions; What law lecturers mean by 'critical analysis' and how to incorporate it into your essays; Practical advice on developing analytical and critical writing skills, legal reasoning and conducting legal research; Real life examples of sample writing with commentary so you can see what makes a strong piece of written work and how to avoid common pitfalls; Numerous examples which show how to apply the principles in the book to your own writing.

At its core, the purpose of strategy in any for-profit organization is to position the firm to achieve better and more sustainable returns than the competition. In other words, the purpose of strategy is to capture a sustainable competitive advantage. Doing so requires the firm to satisfy major stakeholders (primarily customers, but also knowledge workers, shareholders, and others) over both the near and longer term. Ultimately, business strategy is about winning in competitive markets. Strategic Planning for Law Firms: A Practical Roadmap - authored by renowned strategic management expert John Sterling - provides the reader with a workable, real world strategic planning process they can use in their own firms. That process includes: - An approach to developing a strong analytical foundation and framework - providing an objective, factual assessment of the internal and external environment facing the firm; - A means of defining the firm's strategic direction - enabling the firm to articulate and agree upon its direction including: *What the firm (or practice group) aspires to become over the long run; and *What position(s) the firm or practice intends to occupy (i.e. what it will be known for). -A means of developing action oriented strategies - enabling the firm (or practice) to agree upon the sometimes difficult trade-offs among its strategic alternatives, enabling it to focus resources on achieving its aspirations and desired market positions; and - An approach for identifying near term action plans (and prioritizing those action plans) so that individuals are directly engaged in (and are accountable for) roles that put the strategy into operation on a day-to-day basis. Readers of the previous edition will find much new to explore in the second edition, including a thoroughly updated discussion of the core strategic issues facing law firms; refreshed case studies that outline real world responses to current strategic issues, strategic planning challenges, and strategy implementation imperatives; a deep dive into applying "Blue Ocean" strategy in a law firm setting; and a discussion of how the "Business Model Canvas" can be used to rethink practice areas, pricing, and ancillary businesses.

Proposes groundbreaking, fundamental reform for the adversarial legal system to keep innocent people from going to prison We rely on the adversarial legal system to hold offenders accountable, ensure everyone is playing by the same rules, and keep our streets safe. Unfortunately, a grave condition lingers under the surface: at all times the imprisonment of possibly tens of thousands of innocent people. The Plea of Innocence offers a fundamental reform of the adversarial system: plausibly innocent people may now plead innocent and require the government to search for exonerating facts; in return, they will be required to waive their right to remain silent, speak to government agents, and participate in a search for truth. While almost all the participants within the system hope that only guilty people will be convicted, the unfortunate reality is that innocent people are convicted and imprisoned at an alarming rate. With the privatization of defense institutions, accused innocent people are themselves responsible for finding the facts that could exonerate them. Though the poor are represented by public defenders-in fact, almost no one who is charged with a crime has enough money to pay for a complete defense-it is still accused people, not public officials, who bear the entire burden of proving their innocence. Tim Bakken believes that reform of the three-hundred-year-old adversarial system is long overdue, and that the government should be responsible for searching for truth-exonerating facts for innocent people-rather than being satisfied with due process. While it is improbable that all the facts in any case will ever be known, the essential point is that the acquisition of facts will almost always benefit an innocent person who has been accused of a crime. Featuring compelling evidence and concrete steps for reform, The Plea of Innocence is at once sensible and revolutionary, a must-read for anyone invested in restoring truth to the justice system.

As law firms continually push to stay relevant in the information age, certain functions and roles will change drastically - possibly none more so than a firm's information functions and librarians. Information services are now more important than ever, and are more closely linked and integrated with all other functions of the firm. This means, however, that many information departments and roles will need to undergo a considerable metamorphosis in order to realise their full potential. From integration with other functions of the firm (such as Business Development and Knowledge Management), to gathering intelligence to leverage a competitive advantage - library teams, with the correct application, are set to become critical in forging a firm's digital pathway to increased success.