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Books > Law > Jurisprudence & general issues > Legal profession > General
Newspapers as a record of the day's events and conduit for public business have been part of life in the United States for several hundred years. While some newspapers claim the "newspaper of record" characteristics for themselves, others are so designated to serve specific community functions, such as the town chronicler or public notice distributor. The expression "newspaper of record" is most often found among works by lawyers, historians, and librarians. Yet many newspapers are now developing online news products that do not correspond directly to the newsprint version. Many are asking whether online newspapers will replace traditional newsprint products and whether the online version can or should be treated as equal to the newsprint version. State and municipal governments are exploring electronic distribution of public notices, challenging newspapers' exclusive claim to legal notice advertising revenue. Martin and Hansen focus on some of the traditional uses of newspapers by groups who use the "newspaper of record" concept, and they compare traditional newspapers to online newspapers as "records." After a historical review, they examine legal and archival uses for newspapers, report on several case studies of online newspaper production, and conclude with suggestions for future scholarly, legal, and industry focus on the "newspaper of record" concept. This valuable analysis serves professionals in journalism and law as well as scholars and researchers in journalism and archive management.
The essays in this collection are based on papers originally presented at the sixth meeting of the European-American Consortium for Legal Education, held at the University of Helsinki, Finland in May, 2007. EACLE is a transatlantic consortium of law faculties dedicated to co- eration and to the exchange of ideas between different legal systems and cultures. Each year the EACLE colloquium considers a speci?c legal qu- tion from a variety of national perspectives. The 2007 initiative on "The Internationalization of Law and Legal Education" was coordinated by the staff of the University of Helsinki Faculty of Law and the Academy of F- land Centre of Excellence in Global Governance Research. We would like to thank those who attended the 2007 meeting for their insightful remarks, and for their inspiration, suggestions, and encouragement in making this volume and the EACLE consortium so effective in fostering greater trans- lantic cooperation on law and legal education. Thanks are also due to the faculty, staff and students of the Center for International and Comparative Law who prepared this volume for publication, and particularly to Morad Eghbal, James Maxeiner, Kathryn Spanogle, Jordan Kobb, Astarte Daley, Suzanne Conklin, P. Hong Le, P- tima Lele, Nicholas McKinney, Shandon Phan, T.J. Sachse, Katherine Si- son, Toscha Stoner-Silbaugh, Bjorn ] Thorstensen, Ryan Webster, and Cheri Wendt-Taczak."
The public image of judges has been stuck in a time warp; they are invariably depicted in the media - and derided in public bars up and down the country - as 'privately educated Oxbridge types', usually 'out-of-touch', and more often than not as 'old men'. These and other stereotypes - the judge as a pervert, the judge as a right-wing monster - have dogged the judiciary long since any of them ceased to have any basis in fact. Indeed the limited research that was permitted in the 1960s and 1970s tended to reinforce several of these stereotypes. Moreover, occasional high profile incidents in the courts, elaborated with the help of satirists such as 'Private Eye' and 'Monty Python', have ensured that the 'old white Tory judge' caricature not only survives but has come to be viewed as incontestable. Since the late 1980s the judiciary has changed, largely as a result of the introduction of training and new and more transparent methods of recruitment and appointment. But how much has it changed, and what are the courts like after decades of judicial reform? Given unprecedented access to the whole range of courts - from magistrates' courts to the Supreme Court - Penny Darbyshire spent seven years researching the judges, accompanying them in their daily work, listening to their conversations, observing their handling of cases and the people who come before them, and asking them frank and searching questions about their lives, careers and ambitions. What emerges is without doubt the most revealing and compelling picture of the modern judiciary in England and Wales ever seen. From it we learn that not only do the old stereotypes not hold, but that modern 'baby boomer' judges are more representative of the people they serve and that the reforms are working. But this new book also gives an unvarnished glimpse of the modern courtroom which shows a legal system under stress, lacking resources but facing an ever-increasing caseload. This book will be essential reading for anyone wishing to know about the experience of modern judging, the education, training and professional lives of judges, and the current state of the courts and judiciary in England and Wales.
'If deaths are not investigated, then the authorities cannot be held to account and democracy is threatened. And if deaths are not investigated, we are not a society that values human life' Inspired from a young age to help the marginalised and voiceless, Leslie Thomas KC has dedicated his career to fighting for the underdog and holding the State to account. This intimate and personal record of some of the most significant, controversial and disturbing legal cases of the last fifty years lays bare the very heart of the law enforcement and judicial process. It's an unforgettable account of an idealistic and outspoken lawyer's coming of age as a Black man in London, and a powerful portrait of the lives of those he has fought for. From the Grenfell Tower Inquiry to the deaths of Christi and Bobby Shepherd by carbon monoxide poisoning, the Birmingham Pub Bombings and the police shooting of Mark Duggan, Do Right and Fear No One present a blistering argument for a level playing field in the pursuit of justice.
This unique book offers a practical guide to deconstructing judgments for the purpose of fair criticism and appeal. It shows how judgments are written and examines the style and language of judges expressing judicial opinion. It will assist experienced practitioners, newly appointed recorders and tribunal chairman. The work is founded upon independent research in the form of interviews conducted with judges at every level from deputy district judge to Lords of Appeal in ordinary, and the practical application of existing academic material more usually devoted to the structure and analysis of wider prose writing. It is illustrated by reference to reported judgments, both well-known and obscure, of the past 100 years. Contents include: .The nature of judgment .How to read a judgment .The use of language in judicial opinion .Argument and legal logic .Fair criticism .Writing judgments .How judges decide .The appellate judgment .Problems with law reporting .Judicial style The author is a practising barrister in the UK and a Professor of Mediation for a US university.
Written over 80 years ago, but highly relevant today, THE BRAMBLE BUSH remains one of the books most frequently and strongly recommended for students to read when considering law school, just before beginning its study, or in the first semester. It began as a collection from a series of introductory lectures given by legal legend Karl Llewellyn to new law students at Columbia University. It still speaks to law, legal reasoning, class prep, and exam-taking skills in a way that makes it a classic for each new generation. The Legal Legends Edition features an extensive 2012 Introduction by Stewart Macaulay, a senior professor of law at the University of Wisconsin. He places this work into the modern classroom and explains its context and current value to law students and lawyers, as well as changes to legal education since the book first was released. Simply put, Macaulay writes, "The Bramble Bush is a book that anyone interested in law schools or law should read." Llewellyn's pointed and clear explanations of case briefing before class, visualization of cases, active learning in class, note-taking, the use of precedent, exam format, and the limits of logic have proved timeless and highly practical. They remain excellent advice for current students to consider and implement in their own journey into the law. This is no Chamber of Commerce speech of mere platitudes about law practice and the grandeur of the bar. To be sure, Llewellyn believed in law school and legal education, and in dreaming big about a life in the law. But he was-famously-a realist above all, and this book gets to the nuts and bolts of studying law successfully in traditional legal education. Whether from the enduring nature of his hands-on advice, or from the reality that the first year of law study and its classroom method just have not changed very much over many years, the book remains, by all accounts, targeted to the way 'thinking like a lawyer' continues in the modern law school. Now in a library-quality cloth edition from Quid Pro Books, THE BRAMBLE BUSH features embedded page numbers from the standard print editions-for continuity of referencing or classroom assignment. Quid Pro's hyperaccurate reproduction of the original text is unlike any other version available, even recent reprints from traditional publishers (who use poor scanning, alter text, omit parts of sentences, and misspell legal terms). Only Quid Pro editions of this classic work respect Llewellyn's book by presenting it as he wrote it, yet in a modern format and clear presentation for a new generation.
Legal history has usually been written in terms of writs and
legislation, and the development of legal doctrine. Christopher
Brooks, in this series of essays roughly half of which are
previously unpublished, approaches the law from two different
angles: the uses made of courts and the fluctuations in the
fortunes of the legal profession. Based on extensive original
research, his work has helped to redefine the parameters of British
legal history, away from procedural development and the refinement
of legal doctrine and towards the real impact that the law had in
society. He also places the law into a wider social and political
context, showing how changes in the law often reflected, but at the
same time influenced, changes in intellectual assumptions and
political thought.
THINK LIKE A LAWYER: THE ART OF ARGUMENT FOR LAW STUDENTSTo 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.
This book addresses the difficult decisions in the life of law students, graduates and young law professionals in deciding the area of legal practice to pursue as a career. The number of legal fields and subfields is over one hundred, making it virtually impossible for an upcoming lawyer to explore all of these career avenues. Many students finish law school with little understanding of what specific law careers involve, for example, or what sports or space lawyers routinely do. This book highlights the time-consuming nature of law education and training that causes a lack of experience in legal fields as being able to successfully determine the right legal profession for the student. Finding a law career that is a significant source of satisfaction is a function of serious thinking and active research, which the current university to legal practice does not facilitate. This book is a practical guide for any student or current lawyer who is deciding and evaluating their future legal profession.
For decades, companies in other industries have refined techniques to better understand their customers' needs, uncover insights, and develop new-to-the-world ideas, which are now products and services we use every day. Organisations have concluded that successfully adopting these methods, known as Design Thinking, have greater financial returns than pursuing more traditional ways of operating. As the legal industry grapples with increased complexity, accelerated market deadlines, and budget constraints, design thinking holds promise to create a more delightful client experience while also increasing profitability. This book features insights from leading experts in the field.
Advice for Aspiring Lawyers in Seventeeth-Century England In this handbook Doderidge, one of the most distinguished legal figures of his age, advises aspiring lawyers. Among other points, such as suggested readings and advice concerning personal demeanor, he urges the student to acquire a solid liberal-arts education that emphasizes subjects with practical application, such as logic and etymology. Regarding the specifics of legal education, he discusses the best methods of study and information on the sources and principles of English law. Reprint of the first edition. As distinguished a jurist as Coke and Bacon, Sir John Doderidge 1555-1628] was a counselor of the King's Bench, a Serjeant for Prince Henry, solicitor-general and a member of Parliament. He was the author of five important works that were all published posthumously. "Of books written about law to instruct students, the most notable, written by a common lawyer, is Doderidge's 'English Lawyer.'" --Holdsworth, A History of English Law V:397-398.
The true story of the defender of the Chicago 7 Alternately vilified as a publicity-seeking egoist and lauded as a rambunctious, fearless advocate, William Kunstler consistently embodied both of these qualities. Kunstler's unrelenting, radical critique of American racism and the legal system took shape as a result of his efforts to enlist the federal judicial system to support the civil rights movement. In the late 60s and the 70s, Kunstler, refocusing his attention on the Black Power and anti-war movement, garnered considerable public attention as defender of the Chicago Seven, and went on to represent such controversial figures as Leonard Peltier, the American Indian Movement leader charged with killing an FBI agent, and Jack Ruby, the killer of Lee Harvey Oswald. Later, Kunstler briefly represented Colin Ferguson, the Long Island Railroad mass murderer, outraging fans and detractors alike with his invocation of the infamous "black rage" defense. Defending those most loathed by mainstream, conventional America, William Kunstler delighted in taking on fiercely political cases, usually representing society's outcasts and pariahs free of charge and often achieving remarkable courtroom results in seemingly hopeless cases. Though Kunstler never gave up his revolutionary underpinnings, he gradually turned from defending clients whose political beliefs he personally supported to taking on apolitical clients, falling back on the broad rationale that his was a general struggle against an oppressive government. What ideological and tactical motives explain Kunstler's obsessive craving for media attention, his rhetorical flourishes in the courtroom and his instinctive and relentless drive for action? How did Kunstler migrate from a comfortable middle-class background to a life as a staunchly rebellious figure in social and legal history? David Langum's portrait gives depth to the already notorious breadth of William Kunstler's life.
In this current period of the 21st century, our workplace is more diverse than at any other point in time. This diversity is due to a broadening ethnic mix, gender representation and spread of generations. Greater mobility, socioeconomic and legislative developments account in the most part for the first two factors, but what of the third? What has caused this widening of the generational spectrum in the workplace? Historically in law firms, the older generation, in particular partners, would move toward retirement and hand over the reins to the next oldest. In today's world of work, with improved healthcare, increased life expectancy, greater knowledge of fitness, and in part historic anxiety over the effects of the global recession, there's a reluctance to rush to retirement. Specifically, here we're talking about the Baby Boomer generation, who are aged between 55 and 73 and, as the name suggests, are not in short supply. Typically schooled in a traditional hierarchical command management style they are the generation now most often faced with tackling the integration of disruptive and aspirational Gen X'ers and more technologically adept and collaborative (but considered less driven) Gen Y or Millennials. They're also now seeing the newest arrivals, Gen Z, who bring an even greater affinity to everything digital but are not quite so comfortable with matters of an interpersonal nature. It's quite a challenge and the reason why this publication delves into the differences between the generations, their influences, preferences, strengths, and weaknesses, to better understand and thereby manage the staff who fall into the respective age groupings. The consequence of older generations remaining in a post is a fascinating and yet challenging prospect. Law firms can be presented with the task of managing at least four and sometimes five different age groups. It becomes five if we add that fit and able and working who are in their mid-70s and beyond, who belong to the "silent generation". Multiple generations in one practice with the oldest holding on to the power base and ownership can create pressure points for younger, ambitious professionals seeking a stake rather than simply a "steady job". It's likely that in many law firms those appealing for a place at the partners' table will now be coming from Generation Y or Millennials aged in their early to late 30s. Millennials are considered more focused on experiences outside of work than within, but this does not hide or diminish their need for recognition and reward. Gen X'ers will mostly be in their 40s and early 50s and the majority of this group will already have established their partnership credentials. In other words, if it was going to happen for them, it's likely to have been handled one way or another. The X'ers are something of a filling in the career sandwich, with slices of Millennial below and Boomer above. There is a smaller population of Generation X and they will need to find appropriate skills and knowledge to work with their younger and older generational colleagues for mutual gain. By 2020, 50 percent of the US workforce will be made up of Millennial or the "Y" Generation; by 2030 it will be 75 percent. These Millennial employees, born between 1980 and 1996, have ridden several seismic waves of change - from political and environmental to communication and technological innovation - and this pace of change shows little sign of abating. Having experienced an ever more connected, digitally-driven world, Millennials are now moving through firms to take greater responsibility, head teams, run departments or entire businesses, and in certain cases creating their own version of a law firm. This book explores the various generations within law firms and the challenges, threats, and opportunities they face as staff deal with colleagues from younger or older groups be they Baby Boomer or Generations X, Y (Millennial) or the next wave of "Z's" as they enter the world of work.
Foreword by Alexandra Stoddard, author of Living a Beautiful Life: 500 Ways to Add Elegance, Order, Beauty and Joy to Every Day of Your Life. "Often we come to a point in our lives when we dispense with thetrivial and tire of ordinary superficialities," writes Peter MegargeeBrown in Figure It Out: A Guide to Wisdom. Here he has collected someof the most profound statements of all time, and gathered them intotopical sections reflecting the depth of the thinker behind the triallawyer. Sprinkled with his comments on the quotations he has carefullyselected over many years, sparkling anecdotes and essays complementthe quotations and provide a complete and thought-provoking portraitof each subject. Brown leads you through the great subjects mankind has grappledwith since the beginning-spirituality, love, life, death, friendship-and offers much more-his appraisal of the complexities of character, writing, history, memory, privacy, travel-drawing on the wisdom ofgreat philosophers including Aristotle, Hillel, Voltaire and Hegel, Supreme Court Justices Oliver Wendell Holmes, Benjamin Cardozo andJoseph Story, the late Tony Snow, writers such as George Bernard Shaw, Ayn Rand, Maureen Dowd and Malachy McCourt, politicians WinstonChurchill and Theodore Roosevelt, painter Henri Matisse and architectFrank Lloyd Wright. A collection that can be read cover-to-cover or flipped throughfor a moment of illumination, Figure It Out: A Guide to Wisdom willentertain and enlighten seekers of truth. Turn to this treasury forinspiration, as Alexandra Stoddard says in the Foreword, "Whether youare a reader, a writer, a historian, a philosopher, or a speaker atimportant events-even making a toast-this personal selection willdelight you, uplift you, and help you to Figure It Out." Peter Megargee Brown began his legal career as assistant counselto John Marshall Harlan on the New York State Crime Commission. AfterMr. Harlan was appointed to the United States Supreme Court, Mr. Brownwent on to become chief litigator for the New York firm of Cadwalader, Wickersham & Taft. In 1982, he founded his own law firm in New York, Brown & Seymour. He is a Past President of the Federal Bar Council anda Fellow of the American College of Trial Lawyers. He is the author ofnumerous books, including The Art of Questioning: Thirty Maxims ofCross Examination. He was educated at Yale College and Yale Law Schooland lives with his wife, the designer and author Alexandra Stoddard, in Stonington, Ct. The Peter Megargee Brown Papers, the legal papers of the author, comprising 303 bound volumes of his principal law suits over 50 yearsof practice in the United States Supreme Court and Appellate Courts, are available for the use of students and scholars and can be found inthe "Manuscripts and Archives" section of the Yale University Library.
With a preface by Michael H. Hoeflich, John H. & John M. Kane Professor of Law, University of Kansas School of Law and an introduction by William E. Butler, John Edward Fowler Distinguished Professor of Law, Pennsylvania State University Dickinson School of Law and Emeritus Professor of Comparative Law at University College London; Academician of the National Academy of Sciences of Ukraine. Includes the text of Vol. 1, No. 1 (Oct. 21, 1876) to Vol. 1, No. 26 (April 14, 1877), originally published: St. Paul, Minn.: J.B. West & Co. 1876-1877. "In 1876, John B. West, twenty-four years old, launched a new publication that would within a decade evolve into the National Reporter System. As a traveling salesman for an office supply company in St. Paul, young West visited many Minnesota attorneys. He learned that the official publishers of court reports were chronically slow. West was later to say that if the official state publishers had been properly doing their jobs there would have been no need for his reporters. His first publication, The Syllabi was an eight-page weekly news-sheet that contained "prompt and reliable intelligence as to the various questions adjudicated by the Minnesota Courts at a date long prior to the publication of the State Reports." Its immediate popularity among the bar soon forced it to outgrow its original format and coverage. In early 1877, only six months after it had begun, The Syllabi was replaced by the North-Western Reporter. The reporter, another weekly, was also a transitional publication. It contained the full text of all Minnesota Supreme Court decisions and Minnesota federal court decisions, as well as those from the Wisconsin Supreme Court in cases "of special importance." This publication lasted two years, four semi-annual volumes. In 1879, West announced a new series of the North Western Reporter (the first of the modern West regional reporters) that would publish the full text of all current supreme court decisions from Iowa, Minnesota, Michigan, Nebraska, Wisconsin, and the Dakota Territory. The Federal Reporter and the Supreme Court Reporter began within the next two years and, in 1885, West Publishing (as it was incorporated in 1882) announced the publication of four new reporters that, along with its current reports, gave it nationwide coverage. (.) The National Reporter System was soon proclaimed to have "Unquestionably revolutionized the whole plan of law reporting." --Thomas A. Woxland & Patti J. Ogden, Landmarks in American Legal Publishing. An Exhibit Catalogue 38-40.
Over 4,000 lawyers lost their positions at major American law firms
in 2008 and 2009. In The Vanishing American Lawyer, Professor
Thomas Morgan discusses the legal profession and the need for both
law students and lawyers to adapt to the needs and expectations of
clients in the future. The world needs people who understand
institutions that create laws and how to access those institutions'
works, but lawyers are no longer part of a profession that is
uniquely qualified to advise on a broad range of distinctly legal
questions. Clients will need advisors who are more specialized than
many lawyers are today and who have more expertise in non-legal
issues. Many of today's lawyers do not have a special ability to
provide such services.
At its core, the purpose of strategy in any for-profit organization is to position the firm to achieve better and more sustainable returns than the competition. In other words, the purpose of strategy is to capture a sustainable competitive advantage. Doing so requires the firm to satisfy major stakeholders (primarily customers, but also knowledge workers, shareholders, and others) over both the near and longer term. Ultimately, business strategy is about winning in competitive markets. Strategic Planning for Law Firms: A Practical Roadmap - authored by renowned strategic management expert John Sterling - provides the reader with a workable, real world strategic planning process they can use in their own firms. That process includes: - An approach to developing a strong analytical foundation and framework - providing an objective, factual assessment of the internal and external environment facing the firm; - A means of defining the firm's strategic direction - enabling the firm to articulate and agree upon its direction including: *What the firm (or practice group) aspires to become over the long run; and *What position(s) the firm or practice intends to occupy (i.e. what it will be known for). -A means of developing action oriented strategies - enabling the firm (or practice) to agree upon the sometimes difficult trade-offs among its strategic alternatives, enabling it to focus resources on achieving its aspirations and desired market positions; and - An approach for identifying near term action plans (and prioritizing those action plans) so that individuals are directly engaged in (and are accountable for) roles that put the strategy into operation on a day-to-day basis. Readers of the previous edition will find much new to explore in the second edition, including a thoroughly updated discussion of the core strategic issues facing law firms; refreshed case studies that outline real world responses to current strategic issues, strategic planning challenges, and strategy implementation imperatives; a deep dive into applying "Blue Ocean" strategy in a law firm setting; and a discussion of how the "Business Model Canvas" can be used to rethink practice areas, pricing, and ancillary businesses.
This collection of essays on feminist perspectives of equity and trusts is particularly pertinent due to the ongoing legislative reform of trusts as well as constitutional resettlement and devolution. While feminist legal scholars have focused in depth upon many areas of law and the legal system, equity has received relatively little attention, making this collection a particularly important contribution. The contributors critically note the interstices of the development of equity which express its impact on women and, sometimes, its expression of values associated with women.
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