'They have built a dam across the rivers of justice and then they complain of the drought in the field below.' - With these stinging words W. Clarke Durrant III, then Chairman of the Legal Services Corporation, admonished the American Bar Association in 1987 for its use of monopoly prices to exclude less affluent Americans from access to civil justice.The Right to Justice reviews the history of legal services in the US from its origins in the 1890s to the multi-million dollar Federal program of the late 20th century. But this is no ordinary text. Charles Rowley skilfully shows how government transfers tend to be dissipated in competitive rent-seeking by special interest groups, that much of what is left tends to be subverted to the agendas of the more powerful groups and that the residuals tend to be inefficiently managed by a poorly monitored and ideologically motivated supply bureaucracy. The upshot is that customer preferences play little or no role in the allocation of resources within the legal services budget. In a veritable tour de force, Charles Rowley places the US Federal legal services program on the scholarly rack of public choice - which analyses individual behaviour in terms of universal self-seeking motivations in a political market. He offers a convincing unique explanation of the forces that have subverted a well meaning attempt to assist poor Americans into a co ordinated attack on the central institutions of the family, capitalism and of Madisonian Republicanism which together constitute the essence of the American dream.

Civil justice has been undergoing a massive transformation. There have been big changes in the management of judicial business; the Human Rights Act 1988 has had a pervasive impact; the Constitutional Reform Act 2005 has effected many changes - notably, the prospective transfer of the appellate jurisdiction of the House of Lords to a new Supreme Court. Against this backcloth of radical change, this book looks at the recent history and the present-day operation of the civil division of the Court of Appeal - a court that, despite its pivotal position, has attracted surprisingly little scholarly attention. It examines the impact of the permission to appeal requirements, and the way in which applications - particularly those by litigants in person - are handled; it looks at the working methods of the Lords Justices and at the leadership of the Court by recent Masters of the Rolls; it considers the relationship between the Court and the House of Lords - looking at high-profile cases in which the Court has been reversed by the Lords. Notwithstanding the impending arrival of the Supreme Court, it concludes that 'the Court of Appeal will remain firmly in place, occupying its crucial position as, to all intents and purposes, the court of last resort-indeed, a supreme court-for most civil appellants.'

From legal expert and veteran author Bryan Garner comes a unique, intimate, and compelling memoir of his friendship with the late Supreme Court Justice Antonin Scalia. For almost thirty years, Antonin Scalia was arguably the most influential and controversial Justice on the United States Supreme Court. His dynamic and witty writing devoted to the Constitution has influenced an entire generation of judges. Based on his reputation for using scathing language to criticize liberal court decisions, many people presumed Scalia to be gruff and irascible. But to those who knew him as "Nino," he was characterized by his warmth, charm, devotion, fierce intelligence, and loyalty. Bryan Garner's friendship with Justice Scalia was instigated by celebrated writer David Foster Wallace and strengthened over their shared love of language. Despite their differing viewpoints on everything from gun control to the use of contractions, their literary and personal relationship flourished. Justice Scalia even officiated at Garner's wedding. In this humorous, touching, and surprisingly action-packed memoir, Garner gives a firsthand insight into the mind, habits, and faith of one of the most famous and misunderstood judges in the world.

The UK's Society of Legal Scholars originally known as the Society of Public Teachers of Law was created in 1909. The Society was fortunate to survive its first half century since it had few members, lacked financial resources, and was weak in influence. In comparison with other university disciplines, the academic field of law enjoyed a fragile status and was often held in low esteem by barristers and solicitors. At times, the Society was caught up in problems of its own making, such as refusing to admit women until the late 1940s. But there were also moments of excitement and achievement, and years filled with hope and new ideas. The establishment of the Journal of the Society of Public Teachers of Law in the 1920s was an important achievement for legal scholars. During the social revolution of the 1960s, the Society continued to function as a rather sedate gentleman's club, gathering at its annual conference to socialize, rather than to engage in academic debate. The 1970s saw a sustained drive from its Young Members' Group to create a new, more serious organization with better conferences and more effective decision-making processes. The Society evolved slowly, but the process accelerated in the 1990s, with members encouraged to reinforce their intellectual contribution to the discipline and act as a central point for policy debate within the legal academic community. Here, at the start of the 21st century, the Society, now with nearly 3,000 members, has come a long way from its small beginnings. The Society of Legal Scholars celebrates its 100th anniversary this year and, with this book, looks back on the Society's creation and history.

Dueling Discourses offers qualitative and quantitative analyses of the linguistic and discursive forms utilized by opposing lawyers in their closing arguments during criminal trials. Laura Felton Rosulek analyzes how these arguments construct contrasting representations of the same realities, applying the insights and methodologies of critical discourse analysis and systemic functional linguistics to a corpus of arguments from seventeen trials. Her analysis suggests that silencing (omitting relevant information), de-emphasizing (giving information comparatively less attention and focus), and emphasizing (giving information comparatively more attention and focus) are the key communicative devices that lawyers rely on to create their summations. Through these processes, lawyers' lexical, syntactic, thematic, and discursive patterns, both within individual narratives and across whole arguments, function together to create versions of reality that reflect each individual lawyer's goals and biases. The first detailed analysis of closing arguments, this book will significantly improve our understanding of courtroom discourse. Furthermore, as previous research on all genres of discourse has examined exclusion/inclusion and de-emphasis/emphasis as separate issues rather than as steps on a continuum, this book will advance the field of discourse analysis by establishing the ubiquity of these phenomena.

Lawyers have to adapt their reasoning to the increasingly global nature of the situations they deal with. Often, rules formulated in a national, international or European environment must all be jointly applied to a given case. This book seeks to make explicit the analysis the lawyer engages in every time he or she is confronted by the operation of several laws in different contexts. This reasoning is organised according to a basic three-step approach, consisting of the comparison (Part 1), combination (Part 2) and, finally, ordering or 'prioritization' (Part 3) of the methods and solutions of national, international and European law to be used to solve the case. The book conveys in detail how the law is operated through a wide range of concrete examples cutting across domains including criminal law, contract law, fundamental rights, internal market, international trade and procedure. This book focuses on the needs of a global lawyer who must reach conclusions in a pluralistic context. Illustrations from the domestic case law of the UK, Germany, Belgium, Italy, Spain, France and the US are used to demonstrate how lawyers can combine different contexts to improve their legal reasoning. Operating Law in a Global Context will appeal to lawyers in these jurisdictions and beyond, as well as to students training to practice in a global environment.

A compilation of Washington, DC, attorney Jacob Stein's essays about lawyers, judges, clients, literature, and popular culture. The essays in this volume have previously appeared in Washington Lawyer, American Scholar, the Times Literary Supplement, and Wilson Quarterly.

From the Author:
One of these days a tired lawyer, in retreat from the quickly running statute of limitations, and hiding out in a bookstore as I have done, will discover this book. And it may just happen that one or two of the remarks that follow will remind the tired counselor that the ungrateful client, the unresponsive judge, the damnation of deadlines are all common to those of us who must extract a living from the contention of others.

About the Author:
Jacob A. Stein has been a trial lawyer for more than 55 years. Mr. Stein received an LL.B. in 1948 from George Washington University. His practice includes a wide variety of civil and criminal litigation, particularly the prosecution of personal injury claims. His books include: Legal Spectator & More (2003); The Law of Law Firms (1994); Closing Argument, The Art and the Law (1969); Trial Handbook for Maryland Lawyers (1972-2001); District of Columbia Tort Casefinder (1977 & 1983 supp.); Personal Injury Damages (2nd ed. 1991); Damages and Recovery, A Survey of the Law of Damages (1972).

He is senior editor of Litigation magazine. He is adjunct professor at Georgetown U. Law School, where he teaches an advanced course in the Federal Rules of Evidence. He also has participated in many continuing education programs and has taught in the Harvard Law School trial practice course from 1974 through 1983.

He is past president of the District of Columbia Bar and of the Bar Association of the District of Columbia. He served as chairman of the Local Rules Committee of the U. S. District Court for the District of Columbia. Mr. Stein is a Fellow of the American College of Trial Lawyers.

Complete Table of Contents and links to past articles at LegalSpectatorAndMore.com

Francis (FA) Mann was among the most brilliant of an exceptional group of German-Jewish emigres who came to Britain in the 1930s to escape persecution in Hitler's Germany. Born and educated in Germany, he was in time to become one of Britain's most distinguished international lawyers; a scholar of English, German and international law, a practitioner admired for his skill and tenacity, and the author of countless books and articles on international and domestic law whose views were very much shaped by his personal experiences and who in turn helped to shape international law in the 20th century. Mann enjoyed a traditional German education and was set for a career in the law when Hitler came to power in 1933. Being Jews, both Mann and his wife, Lore (also a brilliant law student) immediately left the country of their birth for England. Francis was naturalised in 1946 and became an ardent, if not uncritical, patriot. Having re-trained as a lawyer in England, it was not long before his rapidly expanding practice merged with that of Herbert Smith, which was to provide the setting in which he developed into one of the most original and enterprising legal practitioners of his day, and among the most influential legal writers of his generation. While his reputation in the field of international law spread throughout the world, in England he was that rare thing - a true jurist, steeped in the learning of the civil and common law, a 'cosmopolitan' lawyer long before such a term had entered the legal lexicon. This book is a personal recollection by someone who knew him as a friend and professional colleague for more than 30 years. For his early life the author has drawn upon on the personal memories of family, colleagues and friends as well as upon Mann's surviving papers, including the important and revelatory series of letters that Mann wrote to his wife from Berlin in 1946 where he was sent as a member of the Allied Control Commission.

There is a broad consensus amongst law firms and in-house legal departments that next generation "Legal Tech" - particularly in the form of Blockchain-based technologies and Smart Contracts - will have a profound impact on the future operations of all legal service providers. Legal Tech startups are already revolutionizing the legal industry by increasing the speed and efficiency of traditional legal services or replacing them altogether with new technologies. This on-going process of disruption within the legal profession offers significant opportunities for all business. However, it also poses a number of challenges for practitioners, trade associations, technology vendors, and regulators who often struggle to keep up with the technologies, resulting in a widening regulatory "gap." Many uncertainties remain regarding the scope, direction, and effects of these new technologies and their integration with existing practices and legacy systems. Adding to the challenges is the growing need for easy-to-use contracting solutions, on the one hand, and for protecting the users of such solutions, on the other. To respond to the challenges and to provide better legal communications, systems, and services Legal Tech scholars and practitioners have found allies in the emerging field of Legal Design. This collection brings together leading scholars and practitioners working on these issues from diverse jurisdictions. The aim is to introduce Blockchain and Smart Contract technologies, and to examine their on-going impact on the legal profession, business and regulators.

An engaging history of women's rights and the legal profession in the nineteenth century Long before Sandra Day O'Connor and Ruth Bader Ginsberg earned their positions on the Supreme Court, they were preceded in their goal of legal excellence by several intrepid trailblazers. In Rebels at the Bar, prize-winning legal historian Jill Norgren recounts the life stories of a small group of nineteenth century women who were among the first female attorneys in the United States. Beginning in the late 1860s, these determined rebels pursued the radical ambition of entering the then all-male profession of law. They were motivated by a love of learning. They believed in fair play and equal opportunity. They desired recognition as professionals and the ability to earn a good living. Through a biographical approach, Norgren presents the common struggles of eight women first to train and to qualify as attorneys, then to practice their hard-won professional privilege. Their story is one of nerve, frustration, and courage. This first generation practiced civil and criminal law, solo and in partnership. The women wrote extensively and lobbied on the major issues of the day, but the professional opportunities open to them had limits. They never had the opportunity to wear the black robes of a judge. They were refused entry into the lucrative practices of corporate and railroad law. Although male lawyers filled legislatures and the Foreign Service, presidents refused to appoint these early women lawyers to diplomatic offices and the public refused to elect them to legislatures. Rebels at the Bar expands our understanding of both women's rights and the history of the legal profession in the nineteenth century. It focuses on the female renegades who trained in law and then, like men, fought considerable odds to create successful professional lives. In this engaging and beautifully written book, Norgren shares her subjects' faith in the art of the possible. In so doing, she ensures their place in history.

In 1936 Piero Calamandrei, an Italian lawyer and law professor, published Elogio dei Giudici Scritto da un Avvocato, a wry collection of maxims, anecdotes and observations on the nature of the legal process. Translated in 1946 as Eulogy of Judges, Written by a Lawyer, it gradually acquired a reputation among sophisticated legal circles as the best lawyer's book ever written. Written by a self-described member of the "Piero Calamandrei Freemasonry Society," Eulogy of Lawyers revives the spirit of its great predecessor while shifting the focus to the other side of the bench. Preface by Bryan A. Garner, President, Law Prose, Inc.; Distinguished Research Professor of Law, Southern Methodist University, Dallas, Texas; Editor, current editions of Black's Law Dictionary. "Stein is a rare breed: a superb, noted advocate - one of the finest of his day - who is also a literary essayist. I can think of only two comparable predecessors: Lord Brougham and Clarence Darrow." --Bryan A. Garner, Preface, xii-xiii. Jacob A. Stein has, for over 60 years, conducted a trial practice. He has been an adjunct professor at American University Law School, George Washington University Law School, and Georgetown University Law School where he has taught for the last 21 years. He has been president of the District of Columbia Bar. He has served on various judicial committees connected with the Federal Judiciary. He was appointed in 1985 to serve as the United States Independent Counsel to inquire as to the suitability of the President's choice as Attorney General of the United States. His articles have appeared in The American Scholar, Times Literary Supplement, The Washington Post, The Wilson 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 the Law (1969) and other titles.

THIS BOOK MAKES CLEAR HENRY S. MANLEY'S STATURE AS A SIGNIFICANT FIGURE REGARDING NEW YORK STATE AND, MORE BROADLY, UNITED STATES, LEGAL AND NATIVE AMERICAN HISTORY AND SCHOLARSHIP.

Henry S. Manley made legal history, was a skilled chronicler of history, and lived a life that reflected many facets of his far-ranging interests and capabilities. In "Henry S. Manley (1892 - 1967) His Life and Writings: Early Pilot, Constitutional Lawyer, Innovative Farmer and Native American History Specialist" the editors, HSM's direct descendants, present a substantial portion of his published and unpublished works in the fields of law, history, aviation, farming and genealogy replete with photographs and the editors' own explanatory notes.

A highlight of this book is a complete reprint of HSM's seminal and long out-of-print 1932 book "The Treaty of Fort Stanwix, 1784" as well as several of his articles on Native American history. Here, too, are some of his equally important legal articles, including "Nebbia Plus Fifteen," about the strategy he employed in successfully arguing the landmark "Nebbia v New York" case before the U.S. Supreme Court (decision handed down March 1934); and his wry and much admired "Mr. Justice Per Curiam," originally appearing under the title "Nonpareil Among Judges."

Published for the first time, are HSM's evocative, and in one instance, somewhat harrowing, accounts of his experiences as a U.S. Army Air Corps pilot-trainee and, later, an instructor of pilots in Texas and Illinois during World War I. Available to the general public for the first time is his well-researched and sometimes humorous "Manley Family, New England and New York, 1650-1950."

Included in the book is the 1926 correspondence between Benjamin N. Cardozo, one of America's greatest judges, and HSM in which the former stated, "I have found your briefs very helpful and suggestive. You say things in an original way. A mind has been at work, and not a hand with scissors and paste pot." Readers are likely to agree with the cogency of that statement when they delve into HSM's writing.

"Duncan Kennedy's critique of legal education now gets the wide distribution it deserves. Kennedy's insightful skewering of legal education, supplemented by his own reflections on the work and views of other legal educators, will provide prospective law students with a flavor of what they are in for-- and will remind lawyers of what they went through. Kennedy's message is as important today as it was two decades ago when he first penned this work."--"Mark Tushnet, Georgetown University"

"Duncan Kennedy's little red book has become a classic. But now with its republication twenty years later, Kennedy's 'polemic against the system' takes us beyond its origins as a field guide to legal education. Amplified by the voices of other distinguished scholars, this stunning collection of essays forces us to consider the ways in which hierarchies and their resulting social alienation disfigure contemporary society, not just our law schools."--"Lani Guinier, Harvard University"

"Kennedy's book remains one of the defining blows of critical legal studies and an enduring challenge to the entire structure of legal education. It remains as vital, incisive and daring as when it first appeared."--"Scott Turow, author of One L: The Turbulent True Story of a First Year at Harvard Law School."

"An important founding text in the history of critical approaches to law taken by scholars located in law schools."--"The Law and Politics Book Review"

In 1983 Harvard law professor Duncan Kennedy self-published a biting critique of the law school system called Legal Education and the Reproduction of Hierarchy. This controversial booklet was reviewed in several major law journals--unprecedented for aself-published work--and influenced a generation of law students and teachers.

In this well-known critique, Duncan Kennedy argues that legal education reinforces class, race, and gender inequality in our society. However, Kennedy proposes a radical egalitarian alternative vision of what legal education should become, and a strategy, starting from the anarchist idea of workplace organizing, for struggle in that direction. Legal Education and the Reproduction of Hierarchy is comprehensive, covering everything about law school from the first day to moot court to job placement to life after law school. Kennedy's book remains one of the most cited works on American legal education.

The visually striking original text is reprinted here, making it available to a new generation. The text is buttressed by commentaries by five prominent legal scholars who consider its meaning for today, as well as by an introduction and afterword by the author that describes the context in which Kennedy wrote the book, including a brief history of critical legal studies.

The essays in this text deal with aspects of British legal learning. It traces the tradition of learning dating back to the Middle Ages and how the inns of court provided the equivalent of a legal university. The essays describe how before the middle of the 19th-century there was little formal provision of legal education in Britain and that law in the ancient universities was not intended to have practical value and entrance to the bar was not dependent upon written examination.

Judicial errors, deliberate or otherwise, often cause damage to litigants. Sometimes the damage suffered by the litigant is irreversible. In England and many other common law countries the injured person will normally have no redress because of the privilege of immunity from suit enjoyed by judges. This result also normally follows when the complaint is against the actions of someone acting in a quasi-judicial capacity. The situation then raises a number of questions, including questions about civil rights, the redress of wrongs, and the whole foundation of judicial independence. As more people resort to the courts and other judicial tribunals for the resolution of their disputes the question of the proper approach to injurious judicial errors becomes more important, especially since every participant in judicial proceedings is a potential victim. This book presents an in-depth study of the substantive, procedural and theoretical issues that arise when a judge is to be sued. The material is drawn mainly from English and American Federal case law. The study however also incorporates some Canadian, Australian, and New Zealand case law.