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Books > Law > Jurisprudence & general issues > Legal profession > General
This is a biography of the early years of a somewhat successful legal career. It lacks the aphrodisiac of star quality, but what it provides is closer to common ground, and in that sense more valuable. Within these pages I have portrayed my sometimes painful, sometimes exhilarating coming of age as a trial lawyer in post mid-century Nashville, Tennessee. There is plenty of drama, much ridiculousness, and most of all an abiding sense of humanity, created by the collision of an earnest, young lawyer on the lower rungs of the American System of Justice with the system itself. The comedy, tragedy, carelessness, and sometimes good lawyering chronicled here have been experienced from time immemorial by fledgling lawyers, whose energy and idealism temporarily overcomes the cynicism that so often dominates our legal system. If these stories seem to validate our system of justice, this old lawyer's judgment of that system will have been accurately conveyed. The stories tend to demonstrate that a system which ultimately rests upon the judgment of twelve people, while far from perfect, is superior to anything else the world has managed to devise for resolving society's disputes. Even an awkward young lawyer, battered as he sometimes was by the system, perceived that basic truth and carried it with him for the rest of his professional life.
United States Circuit Justice For The Ninth And Tenth Circuits, And Associate Justice Of The Supreme Court Of The United States.
"Superbly well written . . . a wonderfully informative guide to the Supreme Court both past and present."--David J. Garrow, "American History""" Jeffrey Rosen recounts the history of the Supreme Court through the personal and philosophical rivalries that have transformed the law--and by extension, our lives. With studies of four crucial conflicts--Chief Justice John Marshall and President Thomas Jefferson; post-Civil War justices John Marshall Harlan and Oliver Wendell Holmes; liberal icons Hugo Black and William O. Douglas; and conservative stalwarts William H. Rehnquist and Antonin Scalia--Rosen brings vividly to life the perennial rivalry between those justices guided by strong ideology and those who cared more about the court as an institution, forging coalitions and adjusting to new realities. He ends with a revealing conversation with Chief Justice John Roberts, who is attempting to change the court in unexpected ways. The stakes, he shows, are nothing less than the future of American jurisprudence.
Almost everyone in the United States is familiar with criticisms of lawyers and their handling-or mishandling-of the civil justice system. The relationship between the American public and lawyers is vital, yet often misunderstood. What are we to make of the paradox of increasing dependence on attorneys and criticism of them to the point of disrespect? More importantly, do they really deserve this condemnation? In "Judging the Lawyers: A Jury-Box View of the Case Against American Lawyers," author Ted Preston discusses the realities of lawyers' practices and their vast benefits to society to make his point that critical but balanced assessment of attorneys and the civil justice system is essential. Using a trial format that balances both sides of the argument, "Judging the Lawyers" is a vehicle for exploring the case for and against lawyers and for examining the causes of the tensions between the bar and the public. Preston invites you to stand in the position of a juror and gives you the opportunity to actively think through each issue. "Judging the Lawyers" can help you better understand lawyers and their operation of our civil justice system.
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.
Are you unhappy as a lawyer? "It has taken me many years and thousands of hours of study to acquire the knowledge and wisdom contained in "The Lawyer's Guide to Being Human." In this little book, lawyers now have a simple primer on how to reclaim their humanity, and discover the passion, fulfillment and joy that is possible in the practice of law." Philip J. Daunt, Esq., Founder, Coach Approach Lawyers "Tim's book is honest, funny, and insightful. He combines
practical suggestions with examples and anecdotes in a
conversational tone that make his points easily grasped. If you're
a lawyer, you'll find something to improve your practice, even if
you're already happy and fulfilled."
In a society ever more obsessed with legal drama, David Boies, the
star of a thousand press conferences, stands head and shoulders
above the rest. The most prominent trial lawyer in the United
States, Boies was catapulted to international prominence when he
represented Al Gore before the Supreme Court in Bush v. Gore, in
the aftermath of the 2000 presidential election. But well before
the word "chad" entered our lexicon, Boies had participated in a
string of headline-making cases, representing the Justice
Department against Microsoft, CBS against General Westmoreland, and
Napster against the recording industry. Brash, reckless, and
prideful, he is also charming, charismatic, unerringly articulate
in the courtroom, and supremely comfortable in the public eye. He
is the epitome of the celebrity attorney and a peerless
practitioner of the art of law.
This book is intended to give women a roadmap to legal and financial protections, security, and opportunities they can create for themselves as they transition from one life phase to another-whether the transition is by choice or fate. It establishes a "how to" process so that a woman can protect herself. Further, it explores the legal, financial and estate planning ramifications women face as they transition through each life phase - leaving home the first time, choosing to marry (or not), building a career, having children or living without children, divorcing, facing a life crisis and, ultimately, being alone again after the death of a spouse or partner. Failure to do so can make or break their future security.
For most of his life, Bill Carter has been hearing two words that either struck fear in his heart or caused it to race for an entirely different reason: Get Carter. Early in his career, this Arkansas maverick established himself as the "go-to guy" in difficult situations. Whenever there was a tough job to do, the call went out to "Get Carter." A Secret Service agent when President John F. Kennedy was assassinated in Dallas on November 22, 1963, Carter quickly found himself thrust squarely into the forefront of history. As one of the agents investigating the president's murder, Carter found himself convicted of one truth: that Lee Harvey Oswald was the lone assassin in Dallas, and he acted alone. No other member of the Warren Commission investigating team has told the inside story, until now. As an attorney in private practice after leaving the Secret Service, the Arkansan found himself being called upon repeatedly by the powerful leader of the Arkansas Congressional delegation, Rep.Wilbur Mills. When the Rolling Stones needed help negotiating with the State Department when they were denied entry into the States to tour, Mills suggested they get Carter. When Stones' guitarist Keith Richards found himself in legal trouble in Canada that could have meant the end of the powerful rock band, the command was issued, "Get Carter." Whether it was Jimmy Hoffa's pardon dilemma or Steve McQueen's body being held hostage in Mexico, Carter was the one to intervene. Get Carter is an insider's fascinating look at the mysterious world of politics, rock and roll and intelligence. Bill Carter is an attorney and television producer. He lives outside Nashville, Tennessee with his wife Marlow. Judi Turner is a freelance writer who lives in Nashville, Tennessee.
On July 1, 1981, President Ronald Reagan interviewed Sandra Day O'Connor as a candidate for the United States Supreme Court. A few days later, he called her. "Sandra, I'd like to announce your nomination to the Court tomorrow. Is that all right with you?" Scared and wondering if this was a mistake, the little-known judge from Arizona was on her way to becoming the first woman justice and one of the most powerful women in the nation. Born in El Paso, Texas, O'Connor grew up on the Lazy B, a cattle ranch that spanned the Arizona-New Mexico border. There she learned lifelong lessons about self-reliance, hard work, and the joy of the outdoors. Ann Carey McFeatters sketches O'Connor's formative years there and at Stanford University and her inability to find a joblaw firms had no interest in hiring a woman lawyer. McFeatters writes about how O'Connor juggled marriage, a career in law and politics, three sons, breast cancer, and the demands of fame. In this second volume in the Women's Biography Series, we learn how O'Connor became the Court's most important vote on such issues as abortion, affirmative action, the death penalty, the role of religion in society, and the election of a president, decisions that shaped a generation of Americans.
This comparative study explores the lives of some of the women who first initiated challenges to male exclusivity in the legal professions in the late-nineteenth and early-twentieth centuries. Their challenges took place at a time of considerable optimism about progressive societal change, including new and expanding opportunities for women, as well as a variety of proposals for reforming law, legal education, and standards of legal professionalism. By situating women's claims for admission to the bar within this reformist context in different jurisdictions, the study examines the intersection of historical ideas about gender and about legal professionalism at the turn of the twentieth century. In exploring these systemic issues, the study also provides detailed examinations of the lives of some of the first women lawyers in six jurisdictions: the United States, Canada, Britain, New Zealand and Australia, India, and western Europe. In exploring how individual women adopted different legal arguments in litigated cases, or devised particular strategies to overcome barriers to professional work, the study assesses how shifting and contested ideas about gender and about legal professionalism shaped women's opportunities and choices, as well as both support for and opposition to their claims. As a comparative study of the first women lawyers in several different jurisdictions, the book reveals how a number of quite different women engaged with ideas of gender and legal professionalism at the turn of the twentieth century.
The global expansion in judicial power has led to a growing interest in the way judges are chosen. Reform of the judicial selection process is on the political agenda in many countries but the nature of that process differs according to the type of process used - whether a career judiciary, an elected judiciary (direct and indirect), appointment by the executive, or a hybrid system. The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia. The contributors seek to assess the strengths and weaknesses of structural and procedural reforms being proposed or implemented. Particularly important issues include the growing pressure to rethink the balance between judicial independence and accountability and the growing recognition of the importance of selecting judiciaries with a greater diversity in composition. Edited by Kate Malleson and Peter H. Russell, the volume marks the first time an analysis of judicial selection in such a wide range of different systems has been undertaken. It will interest anyone concerned with the global shift of political power toward the judiciary. Contributors: Jim Allen Sufian Hemed Bukurura Leny De Groot Francois du Bois Antoine Garapon Mahmoud Hamad Elizabeth Handsley Colin Hawes Christine Landfried Ruth Mackenzie Kate Malleson Derek Matyszakv Ted Morton David O'Brien Alan Paterson Marie Provine Peter H. Russell Eli Salzberger Phillipe Sands Michael Tolley Alexei Trochev Mary Volcansek
This candidly written autobiography of Sir Michael Kerr chronicles the life of one of Britains most prominent judges of the 70s and 80s from his Continental childhood up to his career in the Court of Appeal and beyond. In the first part of his memoir,the author traces his family history and Germanic roots. His father, Alfred Kerr, was a well-known dramatic critic and essayist, whose writings were widely known throughout Germany from the turn of the century and have recently seen a resurrection, 50 years after his death, as related in the last chapter of the book. But because of the fame of his anti-Nazi writings and broadcasts, the Kerrs were forced to flee from Berlin as early as 3 March 1933, when Hitler came to power. The author and his sister Judith, later to become a famous author of childrens books, had a relatively happy cosmopolitan childhood in Zurich, Paris, Nice and ultimately England. But their parents lives remained on the edge of poverty and sometimes despair and there was never again a family home. The memoirs then tell of his years at Aldenham School and the beginnings of Cambridge, and of his assimilation into the English way of life. They relate the story of his internment as an enemy alien in 1940 and of his subsequent release and service as a pilot in the Royal Air Force until the end of World War II. The author then returned to Cambridge to finish his law degree and was urged to go the Bar. The later chapters of this autobiography are mainly devoted to the law. They recount the authors career as a leading commercial Junior and then a Silk, his initial hesitations about the Bench, but ultimately culminating in his appointment as a Lord Justice of Appeal. He describes the Bar of the post-war decades and is frank about the frustrations and disappointments of his career. He also provides insights into the oddities of the English legal system, but maintaining throughout his firm belief in the importance of an independent Bar.
'Reorganization and Resistance' analyses the ways in which the legal professions of nine countries (England,France, the Netherlands, Germany, Canada, the US, Mexico, Australia and Korea) and one continent (South America) have confronted the internal and external political, economic and social upheavals of the past twenty years. It documents how change and resistance are inextricably tied together in an oppositional tension where the greater weight shifts gradually from one to the other, even shifts backwards at times, but in the long view runs in the direction of change. The most obvious instance almost everywhere is the struggle of women in legal professions where improvement is undeniable even as resistance is varied and stiff. The book charts the way demographic shifts have changed the work of lawyers, the way that the revenue from law practice has been re-distributed, and the extent to which barriers based on race, class, religion and gender have shrunk or shifted. It describes how some professions have been forced by government or co-regulation with government to reorganize. It also documents how others have not kept pace with transformations in the economy and changes and challenges to legal education take center stage while demographic shifts and institutional reorganization are of much less importance.
This book is designed to help young lawyers make the transition from student to legal professional. The book outlines a strategic plan for peak performance in the legal profession. Helpful insight is provided from lawyers, judges, doctors, professors, peak performance coaches and world leaders on how to be an effective, productive and peak performing lawyer. In particular, this book will help the novice lawyer master the art of time management. The principles discussed can be applied to nearly every area of practice to get results and consistently perform at a higher level.
Deemed "the avenging angel of American justice" (Chris Matthews, "Hardball"), Jeanine Pirro, the famed Westchester County district attorney, presents hard truths about a justice system that she believes coddles criminals at the expense of innocent victims. Taking readers inside her daily battles on behalf of victims -- from the adolescent girl forced to assume wifely duties after her father murdered her stepmother to a hardworking man shot over a parking place -- District Attorney Pirro delivers a bold indictment of the criminal justice system and lays bare the ways in which parents, communities, and the system share complicity in fostering a dangerous environment for our citizens. With the blunt courage of a woman who has spent her entire career working in a male-dominated world, Pirro demonstrates determination and compassion that will inspire anyone who has ever been a victim -- or a victim's loved one. Finally, "To Punish and Protect" includes updated appendixes to help you and your loved ones make smart decisions about safety.
The principal question addressed is the extent to which American organizations source legal services they require in a manner consistent with transaction cost economics and agency theory. Transaction cost economics (TCE) is an interdisciplinary undertaking which joins economics with aspects of organizational theory and contract law. TCE views frequency, uncertainty and asset specificity (the extent to which assets have little utility or value except in the context of a particular transaction or relationship) as key variables in determining how a transaction will be structured. Agency theory focuses on identifying the most efficient contract form for a relationship taking into account certain assumptions of self-interest, bounded rationality, risk aversion and the cost of verifying what the agent is doing. A survey was sent to full-time in-house general counsel to collect data on actual practices in sourcing legal services for seven different areas of law: antitrust/trade regulation, commercial contracts, intellectual property, labor/employment, litigation, securities and taxes. The survey instrument s questions also covered key elements of TCE and agency theory, including uncertainty, asset specificity, frequency, law firm reputation and law firm trustworthiness. In excess of three hundred fully completed surveys were returned. The survey data were subjected to statistical analysis including multiple regression. The analysis disclosed the locus of the requisite expertise (i.e., either in-house or at an outside law firm) to be the principal determinant for sourcing of needed legal services; the first variable to enter each regression equation dealing either with preference for doing thework in-house or the percentage of work assigned to outside counsel was the variable for the level of in-house expertise. Other survey data, and information obtained in interviews with corporate counsel, showed that in-house legal expertise is generally created and maintained for types of legal matters an organization continually (or at least frequently) encounters. Asset specificity aspects of TCE appear consistent with actual practice. Hypotheses based upon TCE s uncertainty element were supported only to the extent the data confirmed that uncertainty is dealt with by aligning expertise with the task. Hypotheses relating to other aspects of TCE and to agency theory were not supported.
Raised in a small town by parents employed in the local mills, John Edwards worked in those mills himself -- and then went on to become one of America's most successful and respected attorneys. He built a national reputation representing people whose lives had been shattered by corporate recklessness and grievous medical negligence. In landmark cases, Edwards helped people from all walks of life stand up for themselves against tremendous odds. "Four Trials" provides an electrifying account of four of his cases as it tells the story of the courageous and unmistakably decent people Edwards was privileged to represent in times of tragedy, great loss, and often great joy. And in a deeply moving account, "Four Trials" also speaks of the tragedies and joys that Senator Edwards has known in his own life -- and how today life and justice are more precious to him than ever.
"Stress, Tests, and Success: The Ultimate Law School Survival Guide" is an essential tool for anyone entering law school or considering becoming a lawyer today. Attorney Keith Essmyer has created a no nonsense guide that is full of survival tips and insider advice specifically designed to help the law student succeed in law school and as a new lawyers. The guide's easy to read and straight to the point style sets it apart from any other "how to succeed in law school" book on the market today by providing more information in a few pages then most books provide in hundreds of pages. Designed to be read in a few short hours and referenced time and time again throughout a student's law school career, "Stress, Tests, and Success: The Ultimate Law School Survival Guide" is a must read for any student wanting to finish at the top of his or her law school class without having to weed through hundreds and hundreds of pages of information to find out how to do it. With this guide, experiencing success in law school and as a new lawyer is only a few pages away.
This is the paperback edition of Robert Stevens' acclaimed study of the English Judiciary from an historical perspective, with especial reference to its changing role in the 20th Century. Though the book was written and originally published before the most recent constitutional reforms were announced, it nonetheless brilliantly anticipated the direction in which the debate would move, and provides much valuable food for thought for those charged with shaping the role of the judiciary within the new constitutional settlement. The centrepiece of the book is a detailed study of the political influences on the judiciary and the influence the judiciary has had on politics in the 20th Century. It concludes with a series of proposed reforms to ensure that the English judiciary will both maintain its strength but enhance its utility in the 21st Century. It offers no simple-minded argument for separation of powers but analyses what is needed to clarify the balance of powers and to advance the debate about the role of an unelected judiciary in an increasingly democratic society.
On the first day of his Senate confirmation hearings, John Ashcroft raised his right hand and vowed, "I swear to unhold the laws of the United States of America, so help me God." People who knew him intimately knew they could count on this. And so will others as they read On My Honor, a book that reveals Ashcroft's personal beliefs on racism, abortion, capital punishment, our judicial system, his faith in God, and more. These beliefs were not designed to answer his critics in the Senate. They are beliefs he has held for years, written when he still expected to serve a second term in the Senate. Here is an opportunity to judge this extraordinary man from his own words and deeds. As Ashcroft says, "The verdict of history is inconsequential; the verdict of eternity is what counts." On My Honor was previously published as Lessons From a Father to His Son, ISBN 07852-75401.
In this penetrating book, Jean Stefancic and Richard Delgado use historical investigation and critical analysis to diagnose the cause of the pervasive unhappiness among practicing lawyers. Most previous writers have blamed the high rate of burnout, depression, divorce, and drug and alcohol dependency among these highly paid professionals on the narrow specialization, long hours, and intense pressures of modern legal practice. Stefancic and Delgado argue that these professional demands are only symptoms of a deeper problem: the way lawyers are taught to think and reason. They show how legal education and practice have been rendered arid and dull by formalism, a way of thinking that values precedent and doctrine above all, exalting consistency over ambiguity, rationality over emotion, and rules over social context and narrative.Stefancic and Delgado dramatize the plight of modern lawyers by exploring the unlikely friendship between Archibald MacLeish, who gave up a successful but unsatisfying law career to pursue his literary yearnings, and Ezra Pound. Reading the forty-year correspondence between MacLeish and Pound, Stefancic and Delgado draw lessons about the difficulties of attorneys trapped in worlds that give them power, prestige, and affluence but not personal satisfaction, much less creative fulfillment. Long after Pound had embraced fascism, descended into lunacy, and been institutionalized, MacLeish took up his old mentor's cause, turning his own lack of fulfillment with the law into a meaningful crusade and ultimately securing Pound's release from St. Elizabeths Hospital. Drawing on MacLeish's story, Stefancic and Delgado contend that literature, public interest work, and critical legal theory offer tools to contemporary attorneys for finding meaning and overcoming professional dissatisfaction.
THINK LIKE A LAWYER: THE ART OF ARGUMENT FOR LAW STUDENTS To succeed in law school, you have to construct solid legal arguments. THINK LIKE A LAWYER: THE ART OF ARGUMENT FOR LAW STUDENTS will teach you how to master this craft. This step-by-step approach, written by career prosecutors Gary Fidel and Linda Cantoni, is the indispensable guide for law students. |
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