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Books > Law > Jurisprudence & general issues > Legal profession > General
Driving down the Long Island Expressway in November of 1992, Sol Wachtler was New York's chief judge and heir apparent to the New York governorship. Suddenly, three van loads of FBI agents swerved in front of him-bringing his car and his legal career to a halt. Wachtlers subsequent arrest, conviction, and incarceration for harassing his longtime lover precipitated a media feeding frenzy, revealing to the world his struggles with romantic attachment, manic depression, and drug abuse. In this, his prison diary, Wachtler reveals the stark reality behind his vertiginous fall from the heights of the legal establishment to the underbelly of the criminal justice system. Sentenced to a medium security prison in Butner, North Carolina, Wachtler is stabbed by an unseen assailant, berated by prison guards, and repeatedly placed in solitary confinement with no explanation. Moreover, as a prisoner he confronts firsthand the inequities of a system his judicial rulings helped to construct and befriends the type of people he once sentenced. With unflinching honesty, Wachtler draws on his unique experience of living life on both sides of the bench to paint a chilling portrait of prison life interwoven with a no holds barred analysis of the shortcomings of the American legal justice system. Sol Wachtler began his government career in 1963, when he was elected a councilman of the town of North Hempstead. He was appointed to the New York State Supreme Court in 1968 and elected to the Court of Appeals, New York's highest court, in 1972. In 1985, he was appointed chief judge of the state of New York and the Court of Appeals. He lives in Manhasset, New York, with his wife, Joan. They have four children and seven grandchildren."
John Spencer has worked at Cambridge University for over 40 years. He has lectured, supervised - and entertained - students in tort, contract, crime, medical law and criminal procedure and evidence. This book is a tribute to Professor Spencer, but it is different from the usual tribute in that it contains case notes written and selected by the author himself and all published in the Cambridge Law Journal (CLJ) between 1970 and 2013. With the exception of one note, which is somewhat longer, the articles are taken from the case note section of the CLJ which, until fairly recently, imposed a strict word limit of 1000 words and no more (the complexity of the cases and the prolixity of the judges led to the CLJ relaxing this rule to 1500 words). The case notes reproduced here provide a master-class in the writing of incisive, engaging notes. Written with students in mind but also intended for the consumption and edification of a wider audience, these case notes epitomise the way in which Professor Spencer has, for 43 years, cajoled, lambasted and encouraged the judiciary to see things his way.
Excelente libro de texto para la ensenanza de derecho.
Esta importante obra que la Federacion Interamericana de Abogados (FIA) ha decidido publicar y destinada a la abogacia del continente americano, esta basada primordialmente en el Amicus Curiae que la Federacion sometio por ante Corte Interamericana de Derechos Humanos en el caso denominado "Allan R. Brewer-Carias vs. Venezuela" en el mes de septiembre de 2013. Su objeto es dar a conocer de manera amplia y con claridad las posiciones juridicas de la FIA sobre dos principios fundamentales que gobiernan su razon de ser, y que estan nitidamente expresados en sus Estatutos: el principio de la libertad de la abogacia, y el principio de la independencia judicial. De esta manera, la FIA ha deseado expresarse procesalmente en el caso antes referido, a fin de defender y promover los valores juridicos en juego en el mismo, y busca mediante este libro, brindar un adecuado conocimiento de estos dos principios fundamentales del Estado de Derecho a lo largo del hemisferio. Asi tambien, esperamos, que el Amicus Curiae de la FIA coadyuvara a una adecuada resolucion del caso sobre temas juridicos que son de enorme importancia para la vitalidad de la abogacia en nuestro continente. La decision de presentar el Amicus Curiae fue adoptada unanimemente por el Consejo de la FIA -que es su maxima autoridad institucional- en su reunion celebrada en octubre de 2012 en la ciudad de Miami Beach, Florida; y la presentacion del Amicus Curiae se efectuo en San Jose de Costa Rica el 3 de septiembre de 2013. El documento fue preparado por un grupo de trabajo presidido por el Presidente del Comite de Derecho Constitucional de la FIA, Dr. Fernando Saenger, e integrado por distinguidos abogados de la FIA, Dres. Renaldy Gutierrez y Dante Figueroa, con la colaboracion de las abogadas Katharine Nylund-Valencia y Delphine Patetif. El libro lo presenta el Presidente de la FIA, Dr. Jose Alberto Alvarez Alvares y ha sido prologado por el destacado jurista panameno Italo Antinori. El libro incluye, ademas, un apendice en el cual se incluyen valiosos documentos, relevantes para la comprension y apreciacion del caso en cuestion, entre ellos el Informe de Fondo y la "Nota de Sometimiento del Caso" ante la Corte por la Comision Interamericana de Derechos Humanos; asi como la exposicion sobre el caso por el profesor Brewer-Carias ante el Consejo de la Federacion Interamericana de Abogados durante su XLI Conferencia celebrada en Buenos Aires, Argentina en junio de 2005, y la Resolucion adoptada al efecto.
In his memoir, Alvin Ziontz reflects on his more than thirty years representing Indian tribes, from a time when Indian law was little known through landmark battles that upheld tribal sovereignty. He discusses the growth and maturation of tribal government and the underlying tensions between Indian society and the non-Indian world. A Lawyer in Indian Country presents vignettes of reservation life and recounts some of the memorable legal cases that illustrate the challenges faced by individual Indians and tribes. As the senior attorney arguing U.S. v. Washington, Ziontz was a party to the historic 1974 Boldt decision that affirmed the Pacific Northwest tribes' treaty fishing rights, with ramifications for tribal rights nationwide. His work took him to reservations in Montana, Wyoming, and Minnesota, as well as Washington and Alaska, and he describes not only the work of a tribal attorney but also his personal entry into the life of Indian country. Ziontz continued to fight for tribal rights into the late 1990s, as the Makah tribe of Washington sought to resume its traditional whale hunts. Throughout his book, Ziontz traces his own path through this public history - one man's pursuit of a life built around the principles of integrity and justice.
Not many Americans think of the legal profession as a monopoly, but it is. Abraham Lincoln, who practiced law for nearly twenty-five years, would likely not have been allowed to practice today. Without a law degree from an American Bar Association?sanctioned institution, a would-be lawyer is allowed to practice law in only a few states. ABA regulations also prevent even licensed lawyers who work for firms that are not owned and managed by lawyers from providing legal services. At the same time, a slate of government policies has increased the demand for lawyers' services. Basic economics suggests that those entry barriers and restrictions combined with government-induced demand for lawyers will continue to drive the price of legal services even higher. Clifford Winston, Robert Crandall, and Vikram Maheshri argue that these increased costs cannot be economically justified. They create significant social costs, hamper innovation, misallocate the nation's labor resources, and create socially perverse incentives. In the end, attorneys support inefficient policies that preserve and enhance their own wealth, to the detriment of the general population. To fix this situation, the authors propose a novel solution: deregulation of the legal profession. Lowering the barriers to entry will force lawyers to compete more intensely with each other and to face competition from nonlawyers and firms that are not owned and managed by lawyers. The book provides a much-needed analysis of why legal costs are so high and how they can be reduced without sacrificing the quality of legal services.
Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.
Bill Coleman's story is one that younger generations should mark and inwardly digest, lest they forget the pioneers who helped to make a better America possible."" From the Foreword by Stephen G. Breyer. William Coleman has spent a lifetime opening doors and breaking down barriers. He has been an eyewitness to history; moreover, he has made history. This is his inspiring story, in his own words. Americans of color faced daunting barriers in the 1940s. Despite graduating first in his class at Harvard Law and clerking for Supreme Court Justice Felix Frankfurter, Coleman was shut out of major East Coast law firms. But as the Philadelphia native writes, ""The times, they were a'changing."" He not only benefited from that change he helped propel it, by way of dogged determination, undeniable intellect, and stellar accomplishment. Coleman's legal work with Thurgood Marshall and the NAACP Legal Defense and Educational Fund helped jumpstart the civil rights movement in the 1950s. He was the first American of color to clerk for the Supreme Court, and later served as senior counsel to the Warren Commission, investigating the assassination of President John F. Kennedy. In 1975 he was appointed secretary of transportation by President Gerald Ford the first American of color to serve in a Republican cabinet and in 1995 he received the Presidential Medal of Freedom from Bill Clinton. At his core, Bill Coleman is a lawyer. He strives to be a ""counsel for the situation"" an advocate able to take on major matters in a variety of legal disciplines while upholding the highest traditions of justice and the public interest. He is fiercely proud of the legal profession's role in a democratic society and free economy, and he is grateful for the opportunities that profession has afforded him in the court room, the board room, and the corridors of power. It is through this prism that he relates his own story his life and the law. The results speak for themselves, and in this immensely entertaining chronicle, the Counsel for the Situation speaks for himself.
Abraham Lincoln practiced law for nearly twenty-five years, five times longer than he served as president. Nonetheless, this aspect of his life was known only in the broadest outlines until the Lincoln Legal Papers project set to work gathering the surviving documentation of more than 5,600 of his cases. One of the first scholars to work in this vast collection, Mark E. Steiner goes beyond the hasty sketches of previous biographers to paint a detailed portrait of Lincoln the lawyer. This portrait not only depicts Lincoln's work for the railroads and the infamous case in which he defended the claims of a slaveholder; it also illustrates his more typical cases involving debt and neighborly disputes. Steiner describes Lincoln's legal education, the economics of the law office, and the changes in legal practice that Lincoln himself experienced as the nation became an industrial, capitalist society. Most important, Steiner highlights Lincoln's guiding principles as a lawyer. In contrast to the popular caricature of the lawyer as a scoundrel, Lincoln followed his personal resolve to be "honest at all events," thus earning the nickname "Honest Abe." For him, honesty meant representing clients to the best of his ability, regardless of his own beliefs about the justice of their cause. Lincoln also embraced a professional ideal that cast the lawyer as a guardian of order. He was as willing to mediate a dispute outside the courtroom in the interest of maintaining peace as he was eager to win cases before a jury. Over the course of his legal career, however, Lincoln's dedication to the community and his clients' personal interests became outmoded. As a result of the rise of powerful, faceless corporate clients and the national debate over slavery, Lincoln the lawyer found himself in an increasingly impersonal, morally ambiguous world.
Chicago was the nation's deadliest city in 2001, recording 666 homicides. For lawyers in the Cook County Public Defender's Office Murder Task Force, that meant a steady flow of new clients. Eight out of ten people arrested for murder in Chicago are represented by public defenders. They're assigned the most challenging and seemingly hopeless cases, yet they always fight to win. One of those lawyers is Marijane Placek, a snakeskin boot-wearing, Shakespeare-quoting nonconformist whose courtroom bravado and sharp legal skills have made her a well-known figure around the courthouse. When an ex-convict was arrested on charges of killing a Chicago police officer that deadly year, Placek got the high-profile case, and her defense forms the hub around which the book's narrative revolves. Veteran journalist Kevin Davis reveals the compelling true story of a team of battle-scarred lawyers fighting against all odds. Unflinching, gripping, and full of surprises, "Defending the Damned" is an unforgettable human story and engaging courtroom drama where life and death hang in the balance. Davis explores the motives that compel these lawyers to come to work in this dark corner of the criminal justice system and exposes their insular and often misunderstood world. This groundbreaking work comes at a time when the country has seen how wrongful convictions have slipped through the system, that innocent people have been sent to death row, and that some police have lied or coerced suspects into confessing to crimes they did not commit. Such flaws drive these public defenders even harder to do their jobs, providing scrutiny to a long ignored and often broken system. Davis's reporting offers an unvarnished account of public defenders as never seen before. A powerful melding of courtroom drama and penetrating truecrime journalism, "Defending the Damned" is narrative nonfiction at its finest.
These two volumes collect groundbreaking socio-legal research on lawyers and the legal profession. Studies in this area exhibit enormous diversity in the questions they pursue, the methodologies they adopt, and the spheres of professional activity they investigate. They are, however, all animated by an underlying preoccupation with the problem of professional power. During the last forty years, sociolegal scholarship on the legal profession has focused on the varied sites of organized and daily professional activity to investigate how power is produced, legitimated, and deployed by lawyers, and contested by competitors, clients, state actors, and third parties. The articles and essays collected in these volumes illuminate the varied dimensions of lawyers' power.
Law and Practice: Essays on Reform is a new publication from the Law Society of Ireland and Clarus Press and edited by two of Ireland's leading legal minds and commentators, Geoffrey Shannon and Eoin O'Dell. Thirty-four award winning essays, spanning the last five years are presented, for the first time, in this publication. Each essay critically examines a specific area of law, details the law as it stands today, questions its purpose and effectiveness and then examines proposal for change and recommendations for reform. Spanning an array of legal subject areas, each piece is extensively researched and referenced. Law and Practice: Essays on Reform will undoubtedly add to the debate and literature available to Irish legal thinking
When it was ratified in 1791, the First Amendment to the Constitution of the United States sought to protect against two distinct types of government actions that interfere with religious liberty: the establishment of a national religion and interference with individual rights to practice religion. Since that time, no question has so bedeviled the U.S. Supreme Court as finding the best way to interpret and apply the Establishment Clause and the Free Exercise Clause of the First Amendment. In this unique and timely book, Jay Sekulow examines not only the key cases and their historical context that have shaped the law concerning church-state relations, but also, for the first time, the impact of the religious faith and practices of Supreme Court Justices who have ruled in each case. Covering cases from the teaching of religion in public schools and the use of federal funds for parochial schools to today's debates about the Pledge of Allegiance and public displays of the Ten Commandments, Witnessing Their Faith is essential reading for anyone interested in the history and future of religious freedom in America.
Charles I waged civil wars that cost one in ten Englishmen their
lives. But in 1649 Parliament was hard put to find a lawyer with
the skill and daring to prosecute a king who claimed to be above
the law. In the end, they chose the radical lawyer John Cooke,
whose Puritan conscience, political vision, and love of civil
liberties gave him the courage to bring the king to trial. As a
result, Charles I was beheaded, but eleven years later Cooke
himself was arrested, tried, and executed at the hands of Charles
II.
Este libro contiene el texto del alegato judicial de Allan R. Brewer-Carias presentado en noviembre de 2005, junto con sus abogados Rafael Odreman y Leon Henrique Cottin, ante la competente autoridad judicial de Venezuela solicitando la nulidad de todo lo actuado por violacion de los derechos y garantias constitucionales del autor, en el injusto y viciado proceso que se le instruyo por supuestamente "conspirar para cambiar violentamente la Constitucion" con ocasion de haber dado una opinion juridica, como abogado, durante en la crisis politica ocurrida en Venezuela el 12 de abril de 2002, luego de que los altos mandos militares anunciaron que le habian solicitado la renuncia al Presidente de la Republica de entonces, Hugo Chavez. A pesar, incluso, de que dicha opinion juridica fue contraria a dicho proyecto, pues Brewer Carias considero que violaba el principio democratico y asi lo expreso, fue perseguido por el Estado, criminalizandose el ejercicio de la abogacia y la emision de una opinion juridica, e iniciandose un proceso en el cual se violo su derecho a la su presuncion de inocencia invirtiendose la carga de la prueba; su derecho a la defensa y al debido proceso; y su derecho a la proteccion judicial, el cual fue llevado por fiscales y jueces temporales sin garantia alguna de estabilidad, y por tanto, violando su derecho de toda persona a ser juzgad por jueces independientes e imparciales. Con esa persecucion contra Brewer Carias se busco acosar la disidencia respecto de regimen politico autoritario venezolano, pretendiendo castigar la critica politica e ideologica al proyecto autoritario que se instalo en Venezuela desde 1999, buscando aterrorizar toda otra forma de oposicion, utilizandose el sistema judicial como medio de escarmiento para todo el que tuviese una posicion adversa al regimen. Se quiso asi, ejemplificar la represion en este campo, precisamente persiguiendo a un critico conocido del gobierno, que habia sido ex Presidente de la Academia de Ciencias Politicas y Sociales, con mas de 40 anos de vida dedicada a la docencia y a la investigacion juridica, y a la solida afirmacion del constitucionalismo democratico. Con este proceso al cual se refiere este alegato, se evidencia como en Venezuela se ha perseguido la disidencia y se ha querido penalizar la opinion contraria al regimen, negandose ademas a los acusados la posibilidad misma de un juicio justo a cargo de jueces independientes. Las violaciones a los derechos humanos y garantias judiciales denunciadas en este alegato dieron origen a la demanda contra el Estado venezolano, sometida en 2012 por la Comision Interamericana de Derechos Humanos ante la Corte Interamericana de Derechos Humanos (Caso: Allan R. Brewer Carias vs. Venezuela).
How does one become a member of an elite profession? Managing Elites examines how elites-in-training contest, rationalize and ultimately enthusiastically embrace their dominant positions in society. Using interviews with 79 law and MBA students, the author argues that elite socialization requires both accommodation and resistance to professional ideologies. Students develop a collective cynicism about elements of their education, learning that their discipline imparts esoteric knowledge - but also claiming that they didn't learn anything. They struggle with the idea that fellow students are all equally intelligent and therefore deserving of elite status, and the continuing emphasis on activities that sort students. Students resist that paths to success promoted by school cultures-investment banking, consulting, or becoming partner in a large law firm. Such cynicism is indeed ultimately revealed to be temporary, as most students end up in full support of these 'jobs of least resistance'. Their critiques do, however, create tensions: between competition and cooperation, between the individual and the collective, and between egalitarianism and elitism. Part of elite socialization is learning to deal with these tensions, or more specifically, to hold contradictory ideals at the same time.
1001 Legal Words You Need to Know explains and illuminates the most
difficult and arcane vocabulary any American has to deal with--that
of the law. This comprehensive--but never condescending--guide to
the language of the American legal system carefully defines and
explains every term, and many entries have supplementary notes and
a sample sentence. These notes include information about grammar
associated with certain terms, as well as an etymology section
useful in finding the linguistic origins of each term. American and
British spellings are differentiated (license vs. licence), as are
singular and plural forms (dictum vs. dicta).
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.
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.
In this new book Robert Stevens looks at the English Judiciary from an historical perspective with especial reference to its changing role in the 20th Century. He examines current debates about the position of the judges in the light of the possible future role of the judiciary in the Constitution. 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.
More than any other profession women entered in the nineteenth century, law was the most rigidly engendered. Access to courts, bar associations, and law schools was controlled by men, while the very act of gaining admission to practice law demanded that women reinterpret the male-constructed jurisprudence that excluded them. This history of women lawyers--from the 1860s to the 1930s--defines the contours of women's integration into the modern legal profession. Nineteenth-century women built a women lawyers' movement through which they fought to gain entrance to law schools and bar associations, joined the campaign for women suffrage, and sought to balance marriage and career. By the twentieth century, most institutional barriers crumbled and younger women entered the law confident that equal opportunity had replaced sexual discrimination. Their optimism was misplaced as many women lawyers continued to encounter discrimination, faced limited opportunities for professional advancement, and struggled to balance gender and professional identity. Based on rich and diverse archival sources, this book is the landmark study of the history of women lawyers in America.
This collection brings together contemporary work from Britain, Germany and the United States on how law and lawyers have been represented in film, particularly in the past 40 years. It seeks to provide an overview of existing work on law and film. The essays cover the portrayal of the Anglo-American legal system in film. The volume includes work on the history and development of this screen coverage. It also provides a contrast between the Anglo-American and European approach to filming law. Special attention is devoted to influential film makers. The relationship between fact, fiction and film is explored. There is discussion of what amounts to a law film. The impact of the adversarial system on Continental popular culture is also assessed. |
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