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Books > Law > Jurisprudence & general issues > Legal skills & practice > General
In 1936 Piero Calamandrei, an Italian lawyer and law professor,
published Elogio dei Giudici Scritto da un Avvocato, a wry
collectionof maxims, anecdotes and observations on the nature of
the legalprocess. Translated in 1946 as Eulogy of Judges, Written
by a Lawyer, it gradually acquired a reputation among sophisticated
legal circlesas the best lawyer's book ever written. Written by a
self-describedmember of the "Piero Calamandrei Freemasonry
Society," Eulogy ofLawyers revives the spirit of its great
predecessor while shifting thefocus to the other side of the
bench.Preface by Bryan A. Garner, President, LawProse, Inc.;
Distinguished Research Professor of Law, SouthernMethodist
University, Dallas, Texas; Editor, current editions ofBlack's Law
Dictionary."Stein is a rare breed: a superb, noted advocate - one
of the finestof his day - who is also a literary essayist. I can
think of only twocomparable predecessors: Lord Brougham and
Clarence Darrow." --Bryan A.Garner, Preface, xii-xiii.Jacob A.
Stein has, for over 60 years, conducted a trial practice. Hehas
been an adjunct professor at American University Law School, George
Washington University Law School, and Georgetown University
LawSchool where he has taught for the last 21 years. He has
beenpresident of the District of Columbia Bar. He has served on
variousjudicial committees connected with the Federal Judiciary. He
wasappointed in 1985 to serve as the United States Independent
Counsel toinquire as to the suitability of the President's choice
as AttorneyGeneral of the United States. His articles have appeared
in The American Scholar, Times Literary Supplement, The Washington
Post, TheWilson Quarterly, the Washington Lawyer, the Green Bag,
Litigation, and other publications. His books include Legal
Spectator & More(2003), The Law of Law Firms (1994), Closing
Argument: The Art and theLaw (1969) and other titles.
Professors Newell and Peterkin deal thoroughly with fundamental
grammar skills often overlooked in legal writing textbooks. The
chapters in this text cover everything that students should learn
in legal writing from spotting issues, to finding and interpreting
the law, to writing either an objective or persuasive document for
their client or the court. Each chapter provides exhaustive
treatment of the topic. The text also provides useful examples and
exercises for the reader to test his or her understanding of the
topic. The Journey to Excellence in Legal Writing not only contains
a thorough explication of legal writing for first-year law
students. Upper-level students, practitioners, and judges will also
benefit from the instruction contained in these pages. Therefore,
this book is the perfect tool for all who wish to learn and improve
their legal writing skills. Through The Journey to Excellence in
Legal Writing students and other readers will: Learn the
differences between primary and secondary law, the doctrine of
stare decisis, and the distinction between statutory law and case
law. Become skilled at outlining rules in order to identify issues
and craft issue statements properly. Gather knowledge to interpret
statutes and apply case law to different factual scenarios. Use
synthesis to compare court holdings and reasoning in fashioning a
general legal principle. Be taught how to develop organizational
skills and use grammatical rules appropriately. Be able to apply
effective techniques in writing memoranda. Study the importance of
ethics in correspondence to clients. Comprehend the power behind
mediation and negotiations. Study the best ways to answer
examination questions.
Purposeful Punctuation is a guide to punctuating English sentences
for writers and editors. It has been used for several years in
college classes from freshmen to graduate. It will work as a
supplement to English instruction in junior high or high school.
The author, Dr. Heaberlin, has fifty years experience in
teaching-from seventh grade to graduate school. He has included
many exercises and practice tests with answers. This guide
complements his previously published guides on writing
style-English Syntax and Connecting for Coherence.
Not long ago, an appellate court fined a lawyer for filing an
"incomprehensible brief." That negligence hurt the lawyer's wallet
and reputation, but his carelessness hurt his client's case even
more. Today, most of our law depends on the written word. A single
error can tarnish the writer's image in the eyes of the court and
make his or her writing less persuasive. In the end, the client
suffers. Even the simplest error reduces the effectiveness of any
brief or pleading. Spellcheck won't cure every ill; neither will a
loyal and efficient secretary. This little book is dedicated to
real legal writing, terse, persuasive, and accurate. It not only
teaches brevity, clarity and power in writing, but lists the common
pitfalls that infest so much legal writing and destroy the lawyer's
meaning and the client's life. It includes tables of commonly
misspelled and misused words and commonly confused prepositions. It
lays out guidelines for persuasive brief-writing, deals with the
letters lawyers regularly write - and some they shouldn't - with
office memoranda, and with the basic rules of punchy, persuasive
oral argument. It addresses the rules of grammar; the violations of
those rules that instantly mark the writer as illiterate at best,
and can destroy any amount of clever reasoning and knowledge of the
law. It gives examples of how to write effectively . . . and some
horrors that good lawyers must avoid. Most important, The Literate
Lawyer shows the road to simple, common-sense persuasion, powerful,
solid writing that makes the lawyer's point with strength and
clarity. And wins cases. About the author: Robert Barr Smith is a
Professor at the University of Oklahoma Law Center. He earned a BA
in History and a Doctor of Laws from Stanford, and is a member of
both the Oklahoma and California Bars. He came to the Law Center in
1982, after retiring from the United States Army as a Colonel. He
designed the Law Center's writing, oral advocacy and research
class, taught and directed it for fifteen years, served six years
as Associate Dean for Academics, and taught trial and appellate
advocacy, advanced brief writing, and paralegal writing courses.
This book is a compilation of legal and law-related statements that
have defined and characterized our legal system over the centuries.
But the reader will quickly recognize that it is not a textbook in
disguise. The quotations, and the actions and ideas they present
and represent were selected by purely personal criteria: the author
found them fascinating, important, or revealing. They range from
history-changing statements (Henry II's "will no one rid me of this
turbulent priest ") to purely mythological encounters (Lincoln's
cross-examination of "Sovine" about the phase the moon was in when
a murder took place) to royal chit-chat (a devastating remark a
high-born lady made to the fugitive King James II which can be
viewed as the final word on English royal tyranny) to an apology
made in a casual encounter on an American street that symbolized
the healing of a terrible cultural wound. The hope is to convey,
not a rigid history, but a random flavor of how the law has been
shaped by calculated, casual, powerful, and even silly words,
uttered for the ages or merely for the moment.
This disparate verbal collection tells us that our legal system
is not like a carefully sculptured statue, but like a human being,
is composed of all that it has known and done and said.
The writer has been deprived of his license to practice law in
three states. The basis for these court orders was a confidential
complaint made by the writer about the misconduct of a United
States District Judge. The complaints included evidence, which
pointed to the judge's financial ties to litigators with matters in
his court. Nevertheless, the judge's misconduct was overlooked by
supervising judges. The writer reviews the court order which drove
him from the practice of law. "The point of all this," he
concludes, "was to banish me from the legal profession, not to find
the truth since bringing truth into the light of day would have
been uncomfortable for" the judge. From the book: "Any professional
regulatory authority empowered to deprive its members of their
reputation and their ability to earn an income should be subject to
the highest standards of objectivity and fairness. In the legal
community, the opposite is the norm. The rules which govern the
behavior of lawyers are explicitly intended to overlook complaints
about the venal and self-interested behavior of the most powerful
members of the profession. The judges make the rules and see to
their own insulation from criticism, oversight and transparency in
their dealings with persons interested in judicial outcomes. The
judges take pains to block any examination of their off-the-books
income streams. Those who are so incautious as to rely on the
prescribed complaint rules and who come forward, confidentially, to
object to obvious instances of be-robed venality are themselves
subjected to the severest sanction." Consideration of salary
increases for the judges should be put on hold, the writer asserts.
Why? Better rules than the "bogus revised" ones are needed
immediately. "In writing their own ethics rules, the judges have
given themselves impunity to accept bribes." The writer offers
prescriptive comments, including the text of a "Best Practices
Declaration," which should be binding upon any who seek a position
on the bench, local state or federal.
The twenty-first century global world order creates fundamental
challenges for the American model of legal education. This
professional model cannot focus only on one domestic legal system
isolated from the rest of the world. American law students need a
realistic exposure to a transnational legal perspective in the
contemporary global legal environment. This objective can be
achieved in three stages. The first step requires a first year
introductory course setting the foundation in public and private
international law with the fundamental understanding of the
comparative law methodology to grasp legal problems and
institutions transcending through national boundaries. In the
second stage, the transnational perspective should be emphasized in
every domestic course, in the expanded coverage of public and
private international law, and in the comparative law curriculum.
Finally, in the third stage, law students should have the
opportunity to apply their transnational learning experience by
selecting an intellectually and professionally stimulating topic
for academic research. Through this research, the student should
focus not only on developing a thesis and writing a research
quality seminar paper, but also on the potential for publication of
the paper in law reviews and other legal journals. This concise
Guide to Legal Research and Writing from the Transnational
Perspective can be used as a practical tool in the critical third
stage of the transnational legal education process. Concise
practical tips will assist students in the research and writing
process. Samples of articles written by the author will provide a
model for scholarly writing. Professor Francis A. Gabor, is a
Professor of Law at the University of Memphis Cecil C. Humphreys
School of Law and a regular visiting professor at the Central
European University in Budapest, Hungary. He has been teaching in
the area of public and private international law and comparative
and immigration law. Professor Gabor's research interest is focused
on current issues of international trade and investments in
Central-Eastern Europe. His treatise on Foreign Investment in
Hungary was published by Parker School of Foreign and Comparative
Law at Columbia University of New York.
Every year, an estimated 10,000 to 15,000 people apply to Canadian
law schools, vying for just over 2,000 coveted spots. The
competition is even fiercer when applying for a law job. Adam
Letourneau, B.Sc., B.A., LL.B., 2005 graduate of the University of
Alberta Faculty of Law, former Editor-in-Chief of the Alberta Law
Review and owner of Letourneau Law, Barristers & Solicitors,
reveals in this 2nd Edition many insider tips on how to gain
admittance to law school in Canada, how to cope and succeed in law
school, and most importantly, how to land a coveted law job
post-graduation. Drawing upon personal experience and the
experiences of numerous Canadian law school graduates, Letourneau
shares insights on the LSAT, applying for law school, study
strategies, summer jobs, the articling application process and much
more. Letourneau will save you hours of research, hours of study
and tons of stress. Including new law school graduate comments,
updated admissions information, what being a lawyer is like, salary
updates and more. For more information go to
www.canadianlawschool.ca. Part of the Writing on Stone Press
Canadian Career Series.
This early work on law is both expensive and hard to find in its
first edition. It contains details on the meanings of legal terms
and their uses. This is a fascinating work and thoroughly
recommended for law students. Many of the earliest books,
particularly those dating back to the 1900s and before, are now
extremely scarce. We are republishing these classic works in
affordable, high quality, modern editions, using the original text
and artwork.
Finally, a simple, fun book to show you how to study for law
school, how to outline, and how to write Grade A exams By a
practicing lawyer with the top grade in 3 of 5 first year law
classes.
This unique book offers a practical guide to deconstructing
judgments for the purpose of fair criticism and appeal. It shows
how judgments are written and examines the style and language of
judges expressing judicial opinion. The work is founded upon
independent research in the form of interviews conducted with
judges at every level from deputy district judge to Lords of Appeal
in ordinary, and the practical application of existing academic
material more usually devoted to the structure and analysis of
wider prose writing. It is illustrated by reference to reported
judgments, both well-known and obscure, of the past 100 years.
Contents include: . The nature of judgment. How to read a judgment.
The use of language in judicial opinion. Argument and legal logic.
Fair criticism. Writing judgments. How judges decide. The appellate
judgment. Problems with law reporting. Judicial style It will
assist vocational and research students alike - as well as
fascinate those interested more general in the law and judicial
process.
Thinking of becoming a lawyer? Attending law school in Canada?
Finally-it's here-the guidebook you've been waiting for. Every
year, an estimated 10,000-15,000 people apply to 16 Canadian law
schools, vying for just over 2000 coveted spots. The competition is
even fiercer when applying for a job as an articling student. Adam
Letourneau, B.Sc., B.A., LL.B., a graduate of the University of
Alberta Faculty of Law, and former Editor-in-Chief of the Alberta
Law Review, reveals many insider tips on how to gain admittance to
law school, how to cope and succeed in law school, and most
importantly, how to land a coveted job post-graduation. Drawing
upon personal experience and the experiences of numerous other
Canadian law students, Letourneau shares general insights on the
LSAT, applying for law school, study strategies, summer jobs, the
articling application process and much more, along with plenty of
context-specific information for the Canadian law student. Because
the Canadian law school experience is unique, this book is the only
full source of relevant information available to prospective and
current Canadian law students. Letourneau will save you hours of
research, hours of study and tons of stress. Recommended to all
students interested in law school, all students applying to law
school and to students in all three years of law school. For more
information on this book, and for a variety of Canadian law school
resources, go to www.canadalawstudent.ca.
This anthology features accessible, enjoyable, thought-provoking
essays on timely legal issues by prominent journalists and
scholars. Selected from well-known magazines like Atlantic Monthly,
Harvard Business Review, The New Yorker, Slate, and Vanity Fair,
each essay explores an important question currently being debated
in our counts. Should government intervene in the business of a
free market? Should people of the same sex be allowed to marry?
Should religious icons be displayed in government buildings? Is a
college student who mixes music on his laptop a thief? Any reader
who would like to gain insight into the workings of the legal
system while taking pleasure in excellent writing will enjoy this
valuable collection. Including: Vikram Amar on What's Wrong with
the Modern Jury Alex Beam on Big Tobacco and Greed Richard Thompson
Ford on Gay Marriage Christopher Hitchens on Appalling Misdemeanors
Ken I. Kersch on Multilateralism in the Courts Bryan Lonegan on
Heartbreaking Deportations Nina Martin on Exoneration Hilary Rosen
and Lawrence Lessig on Copyright Rod Smola on The Ten Commandments
Eliot Spitzer on Business and Government Jeffrey Toobin on
Gerrymandering
This is version 1.0 and it is not the current version. Please go to
THE TRIANGLE I"F LAW(R) -- Version 1.1
First published in hardback in April 2003, this is the first book
that directly addresses the cultural history of the legal
profession. An international team of scholars canvasses
wide-ranging issues concerning the culture of the legal profession
and the wider cultural significance of lawyers, including
consideration of the relation to cultural processes of state
formation and colonisation. The essays describe and analyse
significant aspects of the cultural history of the legal profession
in England, Canada, Australia, France, Germany, Italy, Sweden,
Switzerland, Norway and Finland. The book seeks to understand the
complex ways in which lawyers were imaginatively and
institutionally constructed, and their larger cultural
significance. It illustrates both the diversity and the potential
of a cultural approach to lawyers in history. 'Wesley Pue and David
Sugarman have produced a fascinating volume of essays written from
various perspectives under the rubric of cultural histories.
I...want to present a sense of the richness of the essays in this
volume. Lawyers and Vampires is a very provocative volume, and it
will appeal to many political scientists who are using multiple
methods and multidisciplinary approaches in their own work.' Laura
J. Hatcher, The Law and Politics Book Review, November 2003
"Diversity" has become a mantra within discussions of university
admissions policies and many other arenas of American society. In
the essays collected here, Sanford Levinson, a leading scholar of
constitutional law and American government, wrestles with various
notions of diversity. He begins by explaining why he finds the
concept to be almost useless as a genuine guide to public policy.
Discussing affirmative action in university admissions, including
the now famous University of Michigan Law School case, he argues
both that there may be good reasons to use preferences-including
race and ethnicity-and that these reasons have relatively little to
do with any cogently developed theory of diversity. Distinguished
by Levinson's characteristic open-mindedness and willingness to
tease out the full implications of various claims, each of these
nine essays, written over the past decade, develops a case study
focusing on a particular aspect of public life in a richly diverse,
and sometimes bitterly divided, society.Although most discussions
of diversity have focused on race and ethnicity, Levinson is
particularly interested in religious diversity and its
implications. Why, he asks, do arguments for racial and ethnic
diversity not also counsel a concern to achieve religious diversity
within a student body? He considers the propriety of judges drawing
on their religious views in making legal decisions and the kinds of
questions Senators should feel free to ask nominees to the federal
judiciary who have proclaimed the importance of their religion in
structuring their own lives. In exploring the sense in which Sandy
Koufax can be said to be a "Jewish baseball player," he engages in
broad reflections on professional identity. He asks whether it is
desirable, or even possible, to subordinate merely "personal"
aspects of one's identity-religion, political viewpoints, gender-to
the impersonal demands of the professional role. Wrestling with
Diversity is a powerful interrogation of the assumptions and
contradictions underlying public life in a multicultural world.
Effective Writing: A Handbook with Stories for Lawyers offers
specific advice on how to write effectively the many kinds of
writing lawyers do in actual practice.. It considers what makes
writing effective in letters of various kinds, forms, bills, the
many kinds of writing done through the trial, writing for an
appeal, contracts, and writing for wills and trusts. The last
chapter addresses how to rewrite to promote more effective thinking
and how to rewrite for the reader, going beyond the usual
considerations of correct or "plain" style to address what
constitutes effective word choice, sentence structure,
organization, citation and quotation in real contexts. The book is
seasoned with "sidebars"-brief stories about legal writing from
many judges, lawyers, and other writers-- that help to bring the
world of legal writing alive. This book is the product of a
collaboration between a distinguished lawyer, a professor of
English (Rhetoric and Writing).
This new edition of Chief Justice William H. Rehnquist’s classic book offers a lively and accessible history of the Supreme Court. His engaging writing illuminates both the high and low points in the Court's history, from Chief Justice Marshall’s dominance of the Court during the early nineteenth century through the landmark decisions of the Warren Court. Citing cases such as the Dred Scott decision and Roosevelt's Court-packing plan, Rehnquist makes clear that the Court does not operate in a vacuum, that the justices are unavoidably influenced by their surroundings, and that their decisions have real and lasting impacts on our society.
The public often hears little about the Supreme Court until decisions are handed down. Here, Rehnquist reveals its inner workings--the process by which cases are chosen, the nature of the conferences where decisions are made, and the type of debates that take place. With grace and wit, this incisive history gives a dynamic and informative account of the most powerful court in the nation and how it has shaped the direction America has taken.
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