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Books > Law > Jurisprudence & general issues > Legal profession > General
A PIONEER IN AMERICAN LEGAL EDUCATION In 1817 David Hoffman published A Course of Legal Study, an ambitious, systematically organized program of readings for aspiring attorneys. It was widely acclaimed upon publication; Joseph Story said it offered "by far the most perfect system for the study of the law which has ever been offered to the public." Hoffman published this book while helping to establish the Law Institute of the newly founded University of Maryland. He expounded the principles of the Course in his lectures. A few were published as pamphlets to promote Hoffman's ideas and attract students. In 1837 he re-published them, along with a few related texts, in a book entitled Introductory Lectures, And Syllabus of a Course of Lectures, Delivered in the University of Maryland. The Law Library of the Library of Congress holds the only known copy. Life, Letters and Lectures returns this rare volume to print and adds an illuminating biographical sketch of Hoffman and a consideration of his library that reprints an auction catalogue of his books prepared for his estate by Henry Wheaton. DAVID HOFFMAN 1784-1854] was a prominent pioneer in the establishment of university-based legal education. He helped to found the University of Maryland Law School in 1816 and was its first professor. His A Course of Legal Study (1817) and Legal Outlines (1829) played a critical role in the development of law school curricula and provided guidance to hundreds of antebellum law students and attorneys. BILL SLEEMAN is the Assistant Director for Technical Services, Thurgood Marshall Law Library, The University of Maryland School of Law.
Reprint of the rare 1843 edition. Tucker proposes a vigorous defense of states-rights principles in the manner of John Taylor of Caroline. A notably sophisticated argument, it balances detailed analysis of the U.S. Constitution with criticism of Joseph Story, Daniel Webster and other proponents of a powerful Federal government. Henry St. George Tucker 1780-1848] served as U.S. Congressman representing Virginia's 3rd District in the United States House of Representatives from 1815 to 1819. He studied under his father, St. George Tucker (editor of the American edition of Blackstone's Commentaries), at the College of William & Mary, and after he received his law degree, taught there himself. He was later was captain of Cavalry in the War of 1812, President of Virginia's Supreme Court of Appeals, (1831-1841) and, later in life, a prominent Professor of Law at the University of Virginia. He founded the Honor System there. Works that grew out of the classroom include Commentaries on the Laws of Virginia (1836-1837) and the present work. Tucker County, West Virginia, is named in his honor.
Jose Francisco Torres was born and raised "up the river" above Trinidad, Colorado and his life spanned from the cowboy days of the late 1800s to the technological era of the late 1900s. Despite the security of his home in the rural Spanish community, there was something lacking: opportunity and respect for his people from the outside world. Early on, he conceived the notion that this was wrong, that he and his people deserved better and, as a child, he felt prompted to do something about it. The question became what and how? Discrimination was everywhere and he had neither money nor support to assist him. But with faith and determination, and to the dismay of his parents, he set out to prove it could be done. Refused entry into law school because of his background, he refused to be stopped by the rejection. This chronicle of the hardships, gains, setbacks and wins in the life of this man details what he felt and what he accomplished in his lifelong battle against prejudice and for equality. In the process, he lost his first love, battled a deadly disease, crossed with the Ku Klux Klan, gained a law degree, defended the poor and disadvantaged, married his Crusita and reared three children, took on the political establishment, joined every civic good cause that came his way, and became the Honorable J. Frank Torres, "the only honest judge we ever had " Lois Gerber Franke was born and reared on an eastern Colorado ranch where she learned to ride, rope and shoot. She graduated from the University of Colorado and has completed studies from other institutions. After college she lived and worked at jobs in San Francisco and Washington, D.C. She married Paul, an engineer, and lived at Grand Lake, Colorado where she learned trout fishing. The family then moved to Santa Fe, New Mexico where she did city planning before settling into a career of teaching high school English and Journalism and coaching the table tennis team. Lois has three grown children and is a compulsive reader who likes horses, dogs, puns, cribbage, lilacs and rainy days. This book springs from her friendship with an intrepid and unforgettable neighbor.
'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.
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.
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.'
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.
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.
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 open access book provides a snapshot of the state of contemporary access to justice in England and Wales. Legal aid lawyers provide a critical function in supporting individuals to address a range of problems. These are problems that commonly intersect with issues of social justice, including crime, homelessness, domestic violence, family breakdown and educational exclusion. However, the past few decades have seen a clear retreat from the tenets of the welfare state, including, as part of this, the reduced availability of legal aid. This book examines the impact of austerity and related policies on those at the coalface of the legal profession. It documents the current state of the sector as well as the social and economic factors that make working in the legal aid profession more challenging than ever before. Through data collected via the Legal Aid Census 2021, the book is underpinned by the accounts of over 1000 current and former legal aid lawyers. These accounts offer a detailed demography and insight into the financial, cultural and other pressures forcing lawyers to give up publicly funded work. This book combines a mixture of quantitative and qualitative analysis, allowing readers a broad appreciation of trends in the legal aid profession. This book will equip readers with a thorough knowledge of legal aid lawyers in England and Wales, and aims to stimulate debate as to the fate of access to justice and legal aid in the future.
Now, at last, there is a comprehensive and readable guide designed to help librarians, scholars, and the general public quickly find the legal information they need. While most legal research books focus on the needs of beginning law students or litigants, "Legal Information" takes a broader view of the law, including its value in other disciplines. It explains why legal information exists in certain formats, and describes how to get the most out of the major legal reference tools. It also suggests the best sources for different kinds of information and explains how these resources compare to other available materials.
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. |
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