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).

After more than a decade of renewal of South African administrative law in its constitutional and statutory form, the time has come to ensure implementation of the ideals enshrined in the legislation through the public administration. The papers contained in this title focus on the issue and represent the views of some of the key participants in that reform process. They provide an overview of the context in which this reform has taken place, as well as of the interaction between common law, statutory law and the constitution in this field. In addition, various perspectives on administrative justice are expounded, and implementation and training strategies are examined.

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.

International law is usually communicated in more than one language and reflects common norms that lawyers and adjudicators across national legal cultures agree on and develop together. As a result, the negotiation of the wording and meaning of international legislative texts is an integral part of legal interpretation in international law. This book sheds light on that essential interpretation process. Language and Legal Interpretation in International Law treats the subject from the perspective of recent legal and linguistic theories of meaning. Anne Lise Kjaer and Joanna Lam bring together internationally renowned experts to provide strong theoretical and practical foundations for the study of legal interpretation in such fields as human rights law, international trade, investment and commercial law, EU law, and international criminal law. The volume explains how the positivist tradition-in which interpretation is understood as an automatic process by which judges simply apply the text of legislative instruments to specific fact situations-cannot be upheld in an era of pragmatic and cognitive meaning theories. Those theories instead focus on the context of interpretation and on the interpreter as a co-producer of meaning. Through a collection of thoroughly researched and timely essays, this book explores the linguistically and culturally diversified world of meaning-making in international law.

First published in 1951, this book is a classic in its field and provides a uniquely analytical approach to the subject of advocacy.

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.
Drawing on extensive interviews with Chicago lawyers, the authors demonstrate how developments in the profession have affected virtually every aspect of the work and careers of urban lawyers-their relationships with clients, job tenure and satisfaction, income, social and political values, networks of professional connections, and patterns of participation in the broader community. Yet despite the dramatic changes, much remains the same. Stratification of income and power based on gender, race, and religious background, for instance, still maintains inequality within the bar.
The authors of "Urban Lawyers" conclude that organizational priorities will likely determine the future direction of the legal profession. And with this landmark study as their guide, readers will be able to make their own informed predictions.

The United States introduced the earned income tax credit (EITC) in 1975, where it remains the most significant earnings-based refundable credit in the Internal Revenue Code. While the United States was the first country to use its domestic revenue system to deliver and administer social welfare benefits to lower-income individuals or families, a number of other countries, including New Zealand and Canada, have experimented with or incorporated similar credits into their tax systems. In this work, Michelle Lyon Drumbl, drawing on her extensive advocacy experience representing low-income taxpayers in EITC audits, analyzes the effectiveness of the EITC in the United States and offers suggestions for how it can be improved. This timely book should be read by anyone interested in how the EITC can be reimagined to better serve the working poor and, more generally, whether the tax system can promote social justice.

Die Fallsammlung zur Rechtsgestaltung wendet sich insbesondere an Studenten und Rechtsreferendare, welche die Methode der Rechtsgestaltung einuben wollen. Sie versteht sich als fallbezogene Anleitung fur das Erlernen und Trainieren einer zentralen juristischen Fahigkeit. Die Erfahrung zeigt, dass Studenten und Referendare haufig Probleme haben, das durchaus vorhandene rechtliche Wissen unter dem besonderen Blickwinkel, den eine rechtliche Gestaltung erfordert, umzusetzen. Sie sind gewohnt, Sachverhalte unter rechtliche Normen zu subsumieren, um ruckblickend einen abgeschlossenen Sachverhalt zu entscheiden. Dagegen fehlt ihnen vielfach der Blick fur eine vorsorgende, zukunftsgerichtete Gestaltung. Die Fallsammlung greift typische Fallgestaltungen des Zivil- und Verwaltungsrechts auf, um an diesen das Vorgehen eines Kautelarjuristen zu verdeutlichen. Zugleich wird vermittelt, wie das materielle und methodische Wissen in einer konkreten Fallbearbeitung gutachtentechnisch umgesetzt werden muss, um eine uberzeugende Klausurleistung zu erbringen.

In this critically acclaimed book, Tom Goldstein and Jethro K. Lieberman demystify legal writing, outline the causes and consequences of poor writing, and prescribe easy-to-apply remedies to improve it. Reflecting changes in law practice over the past decade, this revised edition includes new sections around communicating digitally, getting to the point, and writing persuasively. It also provides an editing checklist, editing exercises with a suggested revision key, usage notes that address common errors, and reference works to further aid your writing. This straightforward guide is an invaluable tool for practicing lawyers and law students.

In-house lawyers need and want to develop their professional and management skills. But unlike lawyers practising in law firms, there may not be dedicated resources designed to support them. It will often be a case of DIY. Managing and Developing Your Career as an In-house Lawyer by Ian White and Simon McCall is a companion to their report Your Role as General Counsel: How to Survive and Thrive in Your Role as GC. It seeks to provide practical ideas and tips on how a busy in-house lawyer can actively manage their own development. The aim is to help them perform more effectively in their current role and also prepare them for promotion or a move elsewhere. It covers: Taking responsibility for your own development; Being a businessperson as well as a lawyer; Doing an MBA – or recreating the MBA experience by learning from other people in the business; Moving into a leadership role; Honing key personal skills – delegating, giving feedback, listening, motivating; Becoming a coach or mentor to your team; Developing your career beyond the GC role – within or outside your organisation; and Taking on a non-executive director role. This Special Report is essential reading for any in-house lawyer wanting to continue learning and developing and enhance their career prospects. It is relevant for recently appointed in-house lawyers all the way up to more established GCs.

With continued pressure from human rights organisations and socially conscious shareholders, investors, clients and employees, there is little doubt that every law firm must have environmental, social and governance (ESG) issues at the core of its business strategy. However, the implementation of an ESG strategy should not be a box-ticking exercise; rather, it requires firm-wide commitment and involves the full integration of ESG criteria into the strategy, operations and ethos of the firm, in relation to both the firm itself and its dealing with clients. Increased regulation, stronger business ethics and attitudes to climate change, environmental protection, employment standards, sustainable finance, risk and governance, community engagement, corruption and human rights are evolving at an unprecedented rate. As a result, the development of robust, long-term ESG initiatives in these areas can provide law firms with manifold benefits, including the opportunity to: gain competitive advantage; retain their license to operate; make cost savings due to operational improvements; attract, engage and retain clients and employees; increase value and service offerings to clients through advising them on their own sustainability transformation; and enter new markets. This Special Report looks at the business drivers for sustainability in law firms and offers a practical toolkit to guide law firms on their ESG journey. It will make essential reading for all lawyers, law firm leaders and management teams who are involved in implementing sustainability strategies at both a firm and practice group level.

Following a relatively slow start to embrace the direct application of concepts that have revolutionised the tech and manufacturing sectors, law firms are increasingly placing 'Agile' - described as "the best kept management secret on the planet" - on their business development agenda. In response to Covid-19, many firms have proven their capacity for agile decision making and have accelerated their development of a more agile working model. But this requires more than digitisation and remote working. This Special Report is the essential guide for every law firm leader who wants to move beyond the reactive to the strategic adoption of proven agile principles. Being able to adapt smartly to client needs, competitor threats and employee expectations are at the core of this report, which is built around a self-assessment tool and practical framework for implementing Agile. This Special Report covers: *What is Agile and how has it been used across industries? Explores the most important uses of agile thinking and models, from those that have transformed the worlds of technology, consumer products and complex projects, to the hybrid agile working model that many law firms seek to adopt post-Covid-19; *Why Agile? Looks at where adopting agile principles in your firm will make a difference and how these ideas connect with client value, digital transformation, innovation and collaboration; *Where can we utilise Agile in law firms? Examines the different parts of a law firm and explains which agile models and tools can be used where, using legal sector case studies; *How Agile are you? Outlines a practical diagnostic for assessing your level of agility in each area of the firm; and *What next? Covers planning and implementing an agile programme, from mindset and language change to organisational design and client engagement. The report also provides examples of Agile programme outlines for law firms large and small which can be adapted depending on individual needs. In short, this report includes everything law firm leaders need to get started on their own agile journey.

For most legal teams operating in the COVID-19 age, the focus on near-term survival has passed, and attention has turned to what the 'new normal' might be. With the pandemic overhauling the traditional way in which lawyers practise and serve their clients, the profession turning remote overnight and increasing their use of collaboration platforms and other legal tech, it is likely that legal practice has changed for good, and those prepared to embrace and seize opportunities from this change will be best-placed to flourish in the years ahead. Legal Practice Transformation Post-COVID-19 imagines the post-COVID world for legal services and asks what has changed, what will stay the same and what values are critical to ensure the successful operation of legal teams in the post-pandemic age. It considers a variety of aspects crucial to the future of the legal profession, including: *The impact of technology; *Remote working; *Health and safety; and *Culture and community. This Special Report will be invaluable reading for lawyers in private practice, in-house counsel, professional support staff and all those involved in the delivery of legal services, to understand what the future of the profession will look like, and how to thrive within it.

In this book a group of lawyers and legal historians has tried to identify the new Nordic legal map which is under construction. This volume is a collection of papers addressing legal staging, and most of the articles combine theoretical approaches to the visuality of law with practical experiences and effects. The texts show that law is so much more than law in action and law in books; law is also part of a visual culture. It contributes to that culture and is, in turn, analysed, maintained and criticised by that culture. At the same time, the cultural manifestations of law change the way we understand law and, thus, changes law itself.

LexisNexis CaseMap is a computer program that makes analyzing cases easier and allows lawyers to do a better job for their clients in less time. Daniel Siegel's practical guide is filled with numerous tips designed to help you get the most from LexisNexis CaseMap. He includes step-by-step instructions and illustrations. Designed for beginners as well as longtime users.

The First Amendment rights of lawyers are ethereal. Most lawyers fail to realize that courts may deny them access to the First Amendment's protective shield in many regulatory and disciplinary contexts. Overall, attorneys cannot and should not assume that they can obtain First Amendment protection - especially when acting as an attorney in their role as an 'officer of the court'. Yet, it is precisely in the lawyering context - where attorneys engage in speech, association, and petitioning for the very purpose of securing client rights, invoking law, enabling the judicial power, and obtaining justice - that the need for First Amendment protection is the most acute. If regulators silence that voice, they silence justice. From overarching theory to specific real-world contexts, this illuminating book provides a critical resource for lawyers, judges, and scholars to understand the relationship between the First Amendment rights of lawyers and the integrity of the justice system.

Socio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science. The papers in this volume illustrate how a range of topics, including EU law, ombudsmen, judges, lawyers, Shariah Councils and the quality assurance industry can be researched from a socio-legal perspective. The objective of the collection is to show how different methods can be used in researching law and legal phenomena, how methodological issues and debates in sociology are relevant to the study of law, and the importance of the debate between "structural" and "action" traditions in researching law. It also approaches the methodological problem of how sociology of law can address the content of legal practice from a variety of perspectives and discusses the relationship between pure and applied research. The editors provide a critical introduction to each of the six sections, and a general introduction on law, sociology and method. The collection will provide an invaluable resource for socio-legal researchers, law school researchers and postgraduates.