Current important events in the U.S. legal profession and legal ethics, with useful research and analysis of the rules and the profession's current status, are analyzed by Tulane law students from an Advanced Professional Responsibility seminar. The collection is edited by Tulane legal ethics professor Steven Alan Childress, and he previews in his Foreword the students' explorations of the big stories of lawyers and the legal field from 2011. Purchase of this book benefits Tulane's Public Interest Law Foundation, a nonprofit student group that funds public interest placements and indigent client representations throughout the country. The timely topics include: false guilty pleas and candor to the court, ethical considerations in keeping the client's files as a digital record, legal outsourcing and competition, the dilemma of student debt in a slowed legal economy, the practice of law by legal websites like LegalZoom, the capital defense of Jared Lee Loughner, Justice Scalia's constitutional seminar for conservative congressmembers, sensitivity to "cultural competence," prosecutorial relationships with key witnesses, bar discipline for behavior outside the practice of law, negotiation ethics, hybridized MDL settlements, and the advocate-witness rule. This book is a detailed and timely follow-up to the 2010 Hot Topics book, also published in the Benefit Tulane PILF Series by Quid Pro Books. Its chapters are accessible to lawyers and, not bogged down with heavy legal jargon, to anyone interested in current topics of interest about the state of and conflicts in the legal profession and the justice system.

"How to Win in Small Claims Court and Collect," simplifies and clearly explains step by step everything you need to know to win your case. This e-book is the very first that has information you can use in all States as well as Europe. There is no doubt about it, you will have the upper hand in your case. Prepare yourself for victory and get ready to collect up to 25K in the United States and collect in Europe up to EUR 2000 even if assets are out of the state or out of the country. You will even benefit if you read "How to Win in Small Claims Court," 1 hour before your case. Give your case the crucial advantage.

DON'T ASSUME THEY WIN - even if you're behind on the mortgage payments. If you or someone you know is threatened with foreclosure, you need this book. Missed mortgage payments do not necessarily mean that you're in default, or that your opponent has the right to take your home. FIGHTING THE FORECLOSURE MACHINE explains in plain language how borrower protections of fairness are embedded in the foreclosure laws of every state. Learn how you can use these laws as a powerful weapon in your fight to defend your home. Use this information to assess whether a foreclosure lawsuit is best for you. If you decide to fight back, this is a litigation resource with legal references, examples and forms to help you and your legal advisor avoid time-consuming and costly duplication of legal research and analysis.

Now in its Second Edition

"Growth is Dead" addresses the future of "BigLaw" (or "SophisticatedLaw") in the wake of the great financial reset of 2008 and its continuing repercussions including: (a) relentless pricing pressures; (b) excess capacity; (c) partner expectations; and (d) the accelerating entry of new "legal service provider" organizations, with all their implications for career paths, the traditional leveraged staffing model of law firms, and much more.

Brad Karp, Chair of the Firm at Paul Weiss, describes it thus: "I read all 12 installments of your series with great interest...twice. This is an extraordinary body of work that reflects enormous insight and ought be required reading by managing partners of law firms and professional services organizations. You do a very effective job of challenging the status quo and your series is a much-needed wake up call for our profession. As always, I plan to share many of your insights with my partners. And I plan to cogitate over many of your proposed initiatives."

"2012 Year in Review: Must-Read."
"Any review of 2012 must begin with Bruce MacEwen's 12-part "Growth is Dead" series, which looks at, and analyzes, the monumental effects of the Great Recession on the legal industry."

"Immediately became required reading for law firm leaders, by the one and only Bruce MacEwen." - Bloomberg Law
"When it comes to the economics of the legal industry, there's Bruce MacEwen and then there's everyone else."

"What's wrong with me?" My life and priorities seem irrelevant to the court. Are you ensnared in the judicial system? Fearful, incredulous, isolated, beyond rage...feeling "alienated"? This unique book conjoins law, therapy, and research revealing a subtype of Post-Traumatic Stress Disorder called Legal Abuse Syndrome. Legal Abuse Syndrome helps victims overcome psychological devastation caused by prolonged injustice. Through facts, graphics, and heart rendering vignettes readers grasp elements of this psychic injury, recognize its causes, and benefit from the therapeutic steps provided. This book is a self-help tool for cumulative trauma. When systems of care, i.e. the judicial system, cause or exacerbate medical conditions due to extreme stress, the dilemma presents a public health problem as well as a multidisciplinary legal/medical professional challenge. "There is nothing wrong with you." You need a game changer that bolsters your resilience and confidence. Eight self-help steps guide you through the toughest times of your litigation illustrated by gripping cases of human courage and principle against the massive power of the judicial system. The people you meet in this book will encourage you. James' case portrays civil court being skewed to cover up a felony while fraud on the court is recklessly used to hide the facts. The issues become twisted into a dizzying "house of mirrors" with lies taking on a life of their own in the courtroom. When rage is exceeded in the human experience, one either explodes or implodes. Explosion usually results in violations of civility and law complicating the problem. Implosion leads to health consequences and bitterness. Legal Abuse Syndrome guides you toward an alternative that allows the victim to skillfully stay in the fight. Along the way, there are gifts in reviving the spirit of justice, a staple of a civilized society.

Written to help the transition from graduate to lawyer, the Law Graduate's Guide reveals that law school has a hidden curriculum. While studying, completing course requirements, and making progress toward a law degree, students should also be deliberately planning their career and professional development. This guide helps law students identify, organize, and make the best use of career and professional-development advice and resources in order to link their education with a meaningful career. The Law Graduate's Guide has three parts organized around knowledge, skills, and ethics. Each of these has three parts of its own on: (1) school (the law school curriculum); (2) tools (professional-development resources); and (3) transitions (career paths and opportunities). The guide includes graduate success stories illustrating each practice; career and professional-development advice from dozens of judges, lawyers, and law school deans and professors; and exercises for each recommended activity. Appendix A lists the activities that each section of the guide describes, making for an index. Appendix B lists the same activities in roughly chronological order, recognizing that many of the activities are continuous and overlapping.

This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book. ++++ The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to ensure edition identification: ++++ A Popular And Practical Introduction To Law Studies, And To Every Department Of The Legal Profession, Civil, Criminal, And Ecclesiastical: With An Account Of The State Of The Law In Ireland And Scotland, And Occasional Illustrations From American Law Samuel Warren Thomas W. Clerke D. Appleton & Co., 1846 Law; Legal ethics

Harkjoon Paik left his native Korea in the midst of war. His home destroyed and his educational opportunities lost, he left everything and everyone behind in search of a way to accomplish his life goals. He arrived in the United States as an ambitious and optimistic teenager, knowing no one and without resources.

"Tracking the Tiger" is the story of how he survived in the chaos of battle and immigration. He created a new life for himself, making his way with hard work, and went on to earn degrees from Stanford University and Stanford Law School. He began to practice law and, at the age of thirty-eight, became the first native-born Korean to sit on the Superior Court bench in not only California but also the United States.

Judge Paik finds joy in life wherever he goes. He has raised three children of great accomplishment, and he shares many lifelong friendships and some great adventures along the way.

His wife, Beverly Paik, tells the story of her husband's life and career in his voice. They met more than fifty years ago as students at Stanford University. When he granted her access to his diaries, she knew his was a story that needed to be shared with a much bigger audience.

This is their story, one of love and triumph over adversity--and of the undeniable power of hope.

Legal Duties of Fiduciaries examines the structure, principles, themes and objectives of fiduciary law. Law is populated by fiduciaries. They appear in contract, tort, corporate law, agency, partnership, criminal law, environmental law, employment law, property and procedure, and constitutional law. Like family members, fiduciaries are similar yet distinct. Rarely are fiduciaries viewed as a group in a systematic manner. The purpose of this book is to study them together and examine fiduciary law's reach and its limits as one category.

Halloween Law is a spirited guide through law school study starting with that first scary year. Looking at the law through the lens of Halloween proves the old rule that truth is stranger than fiction. Halloween cases that conjure up issues in constitutional law, criminal law, tort law, property law and contract law introduce you to the first year curriculum. If you survive the first year, you can move on to several upper level courses for those who dare --- employment law, oil and gas law and lots of local government law creep into the Halloween Law experience. Halloween Law will leave you ready to deal with any case from the crypt. Halloween Law --- now that's the spirit

"Declining Prospects," written by a leading expert on law firm economics and operations, describes the dramatic growth and change in many major American law firms in recent years, analyses their prospects for continued profitability and sustainability, and focuses on the vulnerabilities of many important firms manifested most recently by the collapse of Dewey & LeBoeuf. The book explains why and how such growth and change has come about including 1) greatly increased competition for available legal work resulting from the ubiquity of highly capable corporate law departments and a surplus of talented lawyers and law firms, 2) client resistance to the increasing costs of legal services, 3) the commoditization of many legal services and the impact of new technology on the delivery of those services, and 4) the unsettling impact of the profession's "unlimited free agency" system that enables lawyers with substantial client relationships to move from firm to firm seeking higher compensation. Michael Trotter also comments tellingly on working conditions and the quality of life experienced by lawyers in today's major law firms. His observations throughout are supported by an abundance of facts and figures relevant to the topics considered. "Declining Prospects" will be of great interest to all lawyers, as well as to business executives interested in containing the costs of their legal services and anyone interested in the life of lawyers in the major American law firms or the role of the legal profession in America's business and economic life. Young people considering law school, and those advising them, will find valuable information concerning their prospects for a satisfying and profitable career as a lawyer. Trotter's earlier book, "Profit and the Practice of Law-What's Happened to the Legal Profession," has emerged as the definitive work on growth and change in the major business practice law firms in America between 1960 and 1995, and has been widely praised by prominent lawyers, bar association leaders, law firm consultants and legal scholars.

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.

Tales from the Bench by Sandra Simms is a pioneer memoir about a neglected slice of Hawaii judicial history. In this unique, insightful, and compelling book, written by the first African American woman judge in the Hawaiian Islands, Simms candidly reveals the cultural and political events and forces on the Mainland, and the diversity, crime, and social problems in the Islands that shaped her courage and commitment to justice, in spite of and because of her history: growing up black in Chicago. She credits her family, community, social networks, church, the dynamic forces of post WWII African American migrations to Chicago, and the Civil Rights Movement for her choice and dedication to a career in law. Simms uses words and storytelling to skillfully integrate her personal background with her subsequent 30 plus years in Hawaii where she successfully served as an attorney, a politically appointed judge, and a witness (observer) of many fascinating experiences. In this book, Simms sensitively recounts memorable criminal cases involving women, drugs, island families and their support for their loved ones, simultaneously revealing the heart and responsibility of a judge to remain objective and fair in face of complex situations and island politics.

Each year, thousands of men and women make a decision that will ultimately change not only the course but the quality of the rest of their lives: they decide to become lawyers. From the moment that thick congratulatory envelope arrives, accepting and welcoming them to law school, they begin their journey down a road they hope will lead them to a life of worth and personal satisfaction. Unfortunately, for most of them, this road leads only to misery and despair which oftentimes plummets to depths that eventually cause them to leave the practice of law or, more often, remain, resigned to spend their entire professional lives working for people they do not like and on issues for which they have no interest. The Happy Lawyer Handbook is out to change all that, examining the roots of this phenomenon and providing practical advice for law students and young attorneys in how they can avoid this in their legal careers. The Happy Lawyer Handbook provides insight into those practicalities of law practice that are never discussed in the career services office but which will very likely have an overwhelming effect on the entirety of a budding attorney's career. For example, the dangers of being pigeonholed and trapped into practicing in an unsatisfying area of law are discussed as a way of stressing the importance of choosing one's preferred area of practice right out of law school. Once in the workplace, competition among fellow law firm associates and issues relevant to promotion is analyzed in order to provide a better understanding of who gets promoted and why. Intrinsic in this discussion is the importance of job satisfaction right off the bat as a required tool for career advancement. The topic of student loan debt and how to deal with it is likewise a focus of The Happy Lawyer Handbook. Far too many students and young attorneys permit their fears over their student loans to dominate their career decisions, causing them to accept employment positions they otherwise would never even consider, thereby dooming themselves to a lifetime of professional misery. The Happy Lawyer Handbook shows them how to make sense of their student loan obligations, how to put their debt in the proper perspective, and how to avoid falling into a disastrous career spiral. Should young attorneys strive to retire their student loan debt as quickly as possible? Surprisingly, and contrary to popular opinion, The Happy Lawyer Handbook demonstrates how and why this is perhaps the worst thing he or she should do. On a larger economic scale, the book discusses how the combination of new technology and the recent recession has changed the legal employment marketplace forever. It shows readers how to make sense of it all and points out the hidden upsides to seeking legal employment in a down economy. As The Happy Lawyer Handbook shows, it is possible for savvy legal job seekers to use the current fragile economic climate to their advantage to secure the job of their dreams. The key is in understanding the new rules of the job search game. Readers of The Happy Lawyer Handbook will not only learn these rules but, more importantly, learn how to make them work to their advantage.

The debate over affirmative action has raged for over four decades, with little give on either side. Most agree that it began as noble effort to jump-start racial integration many believe it devolved into a patently unfair system of quotas and concealment. Now, with the Supreme Court set to rule on a case that could sharply curtail the use of racial preferences in American universities, law professor Richard Sander and legal journalist Stuart Taylor offer a definitive account of what affirmative action has become, showing that while the objective is laudable, the effects have been anything but.Sander and Taylor have long admired affirmative action's original goals, but after many years of studying racial preferences, they have reached a controversial but undeniable conclusion: that preferences hurt underrepresented minorities far more than they help them. At the heart of affirmative action's failure is a simple phenomenon called mismatch. Using dramatic new data and numerous interviews with affected former students and university officials of colour, the authors show how racial preferences often put students in competition with far better-prepared classmates, dooming many to fall so far behind that they can never catch up. Mismatch largely explains why, even though black applicants are more likely to enter college than whites with similar backgrounds, they are far less likely to finish why there are so few black and Hispanic professionals with science and engineering degrees and doctorates why black law graduates fail bar exams at four times the rate of whites and why universities accept relatively affluent minorities over working class and poor people of all races.Sander and Taylor believe it is possible to achieve the goal of racial equality in higher education, but they argue that alternative policies,such as full public disclosure of all preferential admission policies, a focused commitment to improving socioeconomic diversity on campuses, outreach to minority communities, and a renewed focus on K-12 schooling ,will go farther in achieving that goal than preferences, while also allowing applicants to make informed decisions. Bold, controversial, and deeply researched, Mismatch calls for a renewed examination of this most divisive of social programs,and for reforms that will help realize the ultimate goal of racial equality.

From the incorrigible Judge Sparks to the benchslap factory known as the Seventh Circuit to the rural districts of Kentucky, the humiliating judicial opinions in this book are accompanied by an entertaining and wide-ranging discussion of the glories and vagaries of the U.S. legal system. You will laugh at the judicial take downs described in this book, but you should laugh nervously. After all, you could be next

"Benchslapped" is more than compilation of legal snippets. It contains substantial passages drawn from some of the most interesting and amusing benchslaps ever published, along with back-stories, commentary and analysis. These opinions address a broad range of malfeasance, including frivolous litigation, professional misconduct, discovery abuse, rules violations, poor work product and insulting the bench. While funny, "Benchslapped" also provides meaningful advice for attorneys hoping to avoid their predecessors' miscues. It is an excellent legal primer for new and aspiring attorneys and is a fun and thoughtful read for established lawyers. Although "Benchslapped" contains some legal terms, it is written so even readers with little or no legal background can enjoy the courtroom antics.

Please direct questions, comments or press inquiries regarding "Benchslapped" to [email protected].

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.

2012 Reprint of Original 1955 Edition. Exact facsimile of the original edition, not reproduced with Optical Recognition Software. "The Path of the Law" by Oliver Wendell Holmes, Jr. was originally published in the "Harvard Law Review" in 1897. By the time of his essay "The Path of the Law," Holmes had completed the evolution to a behaviorist theory of law. Whatever you may think of Holmes's jurisprudence, "The Path of the Law" is an unambiguously great exercise in legal philosophy; certainly it withstands the test of time much better than "The Common Law." Laws should be written, we learn, from the standpoint of "the bad man," he who will do the absolute minimum necessary to avoid the sanctions of his neighbors. In other words, it must create objective standards, that do not depend on the personal virtue or goodwill of the citizens. When the law seeks to determine the "intent" of someone who committed an act for which he is on trial, it is not seeking to determine whether he meant to do good or harm. The law seeks to know only whether he knew what the results of his action would be. The inquiry can be made only by considering the defendant's observable behavior.

Autobiography describing the childhood in Swindon, Wiltshire, England of an immigrant boy from Monserrat, West Indies, who went on to become a distinguished barrister and law lecturer.

A Report Prepared For The Survey Of The Legal Profession.

All individuals face stress in their daily lives, but this is often particularly true for those who enforce the law, administer justice, or are forced into the legal system. Uncontrolled strain can result in negative behaviors, burnout, risk-taking, and physical and psychological symptoms ranging from colds to depression and suicide. This, in turn, can have a dramatic impact on the functioning of the legal system as a whole. On the other hand, contact with the legal system has the potential to promote wellbeing for many individuals, such as victims who feel that justice has been served and jurors and judges who feel they have helped preserve the integrity of the legal system. Stress, Trauma, and Wellbeing in the Legal System presents theory, research, and scholarship from a variety of social scientific disciplines and offers suggestions for those interested in exploring and improving the wellbeing of those who are voluntarily (police, probation officers, civil plaintiffs, lawyers, judges, court staff) or involuntarily (jurors, criminal defendants, witnesses, children, the elderly) drawn into the legal system. This comprehensive volume is an invaluable resource for those intersested in protecting the wellbeing of individuals in the legal system, particularly criminal justice professionals, judges, attorneys, forensic psychologists, psychiatrists, social workers, researchers in psychology, criminology, and sociology, and students in each of these areas.

Hacking The LSAT is the first book to offer good, easy to read explanations for every LSAT in the Next Ten Actual Official LSATs (LSATs 29-38).

Often, there are LSAT questions you just can't figure out. This book helps you read the minds of the test-writers, and see why each answer is right or wrong. You'll also find step by step diagrams for every Logic Game, and you'll see the conclusion and reasoning every argument in the Logical Reasoning Section.

Whether you are a beginner or an advanced student, this book helps you fix your mistakes, so you won't make them on test day. It's an essential part of your LSAT prep arsenal.

Books like the Powerscore Bibles give you general guidance, but this book will guide you through *every* individual question. Using Hacking The LSAT is like studying with an elite LSAT tutor, for a fraction of the price.

Note: These explanations are a supplement to the LSAT. You'll need your own copy of the Next Ten Actual Official LSATs to use these explanations. Hacking The LSAT comes in two volumes. This is volume I, covering LSATs 29-33.