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Books > Law > Jurisprudence & general issues > Legal profession > General
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.
A six-month New York Times bestseller: "Not only the best Watergate book, but a very good book indeed" (The Sunday Times). As White House counsel to Richard Nixon, a young John W. Dean was one of the primary players in the Watergate scandal-and ultimately became the government's key witness in the investigations that ended the Nixon presidency. After the scandal subsided, Dean rebuilt his career, first in business and then as a bestselling author and lecturer. But while the events were still fresh in his mind, he wrote this remarkable memoir about the operations of the Nixon White House and the crisis that led to the president's resignation. Called "fascinating" by Commentary, which noted that "there can be little doubt of [Dean's] memory or his candor," Blind Ambition offers an insider's view of the deceptions and machinations that brought down an administration and changed the American people's view of politics and power. It also contains Dean's own unsparing reflections on the personal demons that drove him to participate in the sordid affair. Upon its original publication, Kirkus Reviews hailed it "the flip side of All the President's Men-a document, a minefield, and prime entertainment." Today, Dean is a respected and outspoken advocate for transparency and ethics in government, and the bestselling author of such books as The Nixon Defense, Worse Than Watergate, and Conservatives Without Conscience. Here, in Blind Ambition, he "paints a candid picture of the sickening moral bankruptcy which permeated the White House and to which he contributed. His memory of who said what and to whom is astounding" (Foreign Affairs).
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.
This book offers both a biography of Ruth Bader Ginsburg, only the second-ever woman appointed to the Supreme Court, and a historical analysis of her impact. Ruth Bader Ginsburg: A Life in American History explores Ginsburg's path to holding the highest position in the judicial branch of U.S. government as a Supreme Court justice for almost three decades. Readers will learn about the choices, challenges, and triumphs that this remarkable American has lived through, and about the values that shape the United States. Ginsburg, sometimes referred to as "The Notorious RBG" or "RBG" was a professor of law, a member of the American Civil Liberties Union, an advocate for women's rights, and more, before her tenure as Supreme Court justice. She has weighed in on decisions, such as Bush v. Gore (2000); King v. Burwell (2015); and Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018), that continue to guide lawmaking and politics. Ginsburg's crossover to stardom was unprecedented, though perhaps not surprising. Where some Americans see the Supreme Court as a decrepit institution, others see Ginsburg as an embodiment of the timeless principles on which America was founded. Presents well-researched, factual material in an easy-to-understand writing style Positions Ginsburg in the panorama of U.S. history Humanizes the U.S. government by providing an intimate glimpse into the life of a public servant Gives readers firsthand accounts of Ginsburg's words, beliefs, and decisions in primary documents
Career Management for Lawyers is a practical resource for any lawyer, from the newly qualified through to those facing a career transition later in life. Packed with step-by-step guidance, action plans and self-assessment tools, this resource acts as a personal career coach, challenging and encouraging you to work through key career questions. This practical book covers: * the importance of career adaptability * how to take stock of your skills and qualities * the different types of career crossroads that lawyers face * case studies of lawyers who have made a successful career transition * how to change career direction * the importance of developing SMART career goals * how to relaunch yourself when changing career direction * how to overcome potential blocks to career success. Whether you have recently qualified, are facing a key career crossroads or want to take stock of your career, this book gives you all the essential tools to develop a plan you can put into action.
After considerable scouring of musty and dusty files in courtroom storage cellars, the research project in Springfield, Illinois discovered more than 70,000 documents directly linked to Abraham Lincoln's twenty-four years as a practicing lawyer. Having access to that wealth of information, A. Lincoln Esquire: A Shrewd, Sophisticated Litigator presents unique insight into Lincoln's legal career in a distinctive book that presents detailed stories about Lincoln's cases using actual trial document, uses Lincoln's cases to examine the social and political climate of the time, shows how relationships between Lincoln and his clients changed over time, and is the first book to use the newly discovered Lincoln Legal Papers primary source data. In contrast to the mythical image of Lincoln as a country lawyer, he was actually among the top leaders of the Illinois bar. This book details more than fifty of Lincoln's legal cases and activities such as assault and battery, bestiality, a wrongful dismissal, medical malpractice uncollected debts, the insanity plea in a murder case, divorce, the selection of expert witnesses, patent infringement, sexual slander, personal damages, corporate clients, and the first use of the temporary insanity plea in a US courtroom, and set the precedent for using expert witnesses. Lincoln even defended an Illinois Supreme Court justice against an impeachment charge.
View the Table of Contents. Read the Chapter One. aRunning for Judge is an important source of empirical data
about judicial elections. Anyone who studies the topic should have
a copy.a aThis book offers a variety of insights by professors across the
country on issues that are becoming increasingly important in
judicial elections. . . . The collection will interest scholars and
students of federalism, judicial politics and state politics in
general.a aThe book does a wonderful job of bringing the different
research projects together. All the chapters provide detailed and
timely information in an effort to explain recent developments in
judicial elections....This is a comprehensive, well-written
book.a "This outstanding collection of essays provides new insight into
one of the most important features of the American judicial system.
Matthew J. Streb has assembled a first-rate set of contributors who
offer a fascinating exploration of the institutions, incentives,
and democratic consequences of electing judges." "A timely and important addition to the literature on state
courts and judicial politics by a stellar team of contributors. New
research is presented on a range of issues that will interest
scholars and students not only of courts but state politics more
generally." Across the country, races for judgeships are becoming more and more politically contested. As a result, several states and cities are now consideringjudicial election reform. Running for Judge examines the increasingly contentious judicial elections over the last twenty-five years by providing a timely, insightful analysis of judicial elections. The book ties together the current state of the judicial elections literature, and presents new evidence on a wide range of important topics, including: the history of judicial elections; an understanding of the types of judicial elections; electoral competition during races; the increasing importance of campaign financing; voting in judicial elections; the role interest groups play in supporting candidates; party organizing in supposedly non-partisan elections; judicial accountability; media coverage; and judicial reform of elections. Running for Judge is an engaging, accessible, empirical analysis of the major issues surrounding judicial elections, with contributions from prominent scholars in the fields of judicial politics, political behavior, and law. Contributors: Lawrence Baum, Chris W. Bonneau, Brent D. Boyea, Paul Brace, Rachel P. Caufield, Jennifer Segal Diascro, Brian Frederick, Deborah Goldberg, Melinda Gann Hall, Richard L. Hasen, David Klein, Brian F. Schaffner, and Matthew J. Streb.
Innovation. How to go about it, what it can do for your business - what even is it? Can innovation be applied in the legal environment? Such is the interest and appetite for legal innovation that, in the last 18 months, ARK has published over a dozen titles with innovation in their remit, covering everything from knowledge management to pricing, from marketing to recruitment, and everything in between. This compilation deep-dives into the key areas that drive innovation forward in the legal profession, combining the views and experiences of 14 leaders in their fields.
This critical report provides the most up-to-date and detailed guide to the practical, regulatory and ethical considerations that must be reflected in your partnership agreement. Extensively revised, the second edition features new case studies and real-life examples, including a sample agreement precedent and comprehensive updates to reflect how new legal and regulatory developments will affect your deed. Key subjects covered include: *The impact of the Legal Services Act on partnership agreements; *Discrimination in partnerships, in particular, age discrimination; *Outcomes-focused regulation; *New business structures; *Distressed partnerships; *Current trends in mergers; *Profit-sharing arrangements and management structures: *The equality system *Profit share by capital contribution *Seniority (lockstep) *Merit or performance systems *Hybrid profit sharing systems *Retirement annuities *Performance measurement, supervision and disciplinary measures; *De-equitisation: provisions for expulsion from the partnership; *Expulsion, retirement and dissolution; *Good faith, arbitration and mediation; *Drafting for the future, avoiding early revisions and much more - Ensure you understand the necessary considerations of an agreement that not only fulfils legislative requirement, but ensures the attraction, retention and motivation of the best talent for your firm.
The Lives and Works of Eminent Jurists From the Last Two Thousand Years. Written by a team of eminent scholars under the auspices of the Association of American Law Schools, this highly readable book covers the lives and chief works of selected eminent Classical, Continental and English jurists including Gaius, Papinian, Ulpian, Bartolus, Alciati, Cujas, Gentili, Hugo Grotius, Selden, Hobbes, Zouche, Pufendorf, Vico, Bynkershoek, Montesquieu, Pothier, Vattel, Beccaria, Bentham, Mittermaier, Savigny and Jhering. Originally published in the Continental Legal History Series. (1914). Contains: GAIUS by James Crawford Ledlie PAPINIAN by E.C. Clark DOMITIUS ULPIAN by James Crawford Ledlie BARTOLUS by the late Sir William Ratigan ANDREA ALCIATA AND HIS PREDECESSORS by Coleman Phillipson ALBERICUS GENTILIS by Coleman Phillipson FRANCIS BACON, BARON VERULAM by James E.G. De Montmorency HUGO GROTIUS by the late Sir William Ratigan JOHN SELDEN by Edward Manson THOMAS HOBBES by James E.G. De Montmorency RICHARD ZOUCHE by Coleman Phillipson JEAN BAPTISTE COLBERT by H.A. De Colyar GOTTFRIED WILHELM VON LEIBNITZ by Sir John MacDonell SAMUEL VON PUFENDORF by Coleman Phillipson GIOVANNI BATTISTA VICO by Michael Rafferty CORNELIUS VAN BYNKERSHOEK by Coleman Phillipson CHARLES LOUIS DE SECONDAT, BARON DE LA BREDE ET DE MONTESQUIEU by Sir Courtenay Ilbert ROBERT JOSEPH POTHIER by James E.G. De Montmorency EMERICH DE VATTEL by Coleman Phillipson CAESAR BONESANA, MARQUIS DI BECCARIA by T. Bridgwater WILLIAM SCOTT, LORD STOWELL by Norman Bentwick JEREMY BENTHAM by John Maxcy Zane CAROL JOSEPH ANTON MITTERMAIER by Levin Goldschmidt FRIEDRICH CAN VON SAVIGNY by James E.G. De Montmorency RUDOLPH VON IHERING by Sir John MacDonell"
In a highly competitive fee-focused environment, project management can be your law firm's lifeline. Project Management for Lawyers report provides a structured approach to planning, pricing and managing legal work that will boost profitability and deliver superior value to your clients. It aims to: *Demonstrate the value of applying project management to a legal practice; *Explain basic project management principles and how to apply them within your law firm; *Provide a simple legal project management framework; *Describe key tools and techniques to support the framework; *Discuss legal project management as a pricing and business development strategy; *Show how lawyers can manage matter profitability and demonstrate value to clients; *Guide lawyers in overcoming the challenges in managing a matter profitably (time, scope and cost); and, *Share practical advice on how to develop and implement a legal project management programme within your firm. Real-life in-depth case studies provide valuable insight into the successful legal project management programmes of Dechert LLP, Eversheds LLP, Seyfarth Shaw LLP and McCarthy Tetrault. A case study from the Royal Bank of Canada is also included to provide the a client's perspective on the value of legal project management. Project Management for Lawyers also comes with a complimentary CDRom packed with useful forms, templates, checklists and frameworks that can be used immediately in planning and executing your own project management programme. These include: *A generic work plan; *A sample staffing profile; *A sample agenda for a project kick-off meeting; *A sample roles and responsibilities sheet; *A client satisfaction review questionnaire; *A project risk log; *A sample change request form; *A sample monitoring worksheet; *An example of an agenda for a lessons learned session; *An example of how to calculate leverage on matter profitability; *A completed monitoring worksheet; and *A work plan for an asset purchase.
Mooting is an increasingly important activity in UK law schools. This is because mooting offers students the opportunity to develop advanced analytical, research, drafting and advocacy based skills, which help to improve their general academic achievement and employability profiles. Tangible evidence of these skills is invaluable in a progressively competitive job market. The ideal guide for the first-time mooter, Preparing to Moot provides an accessible, systematic and pragmatic approach which demystifies the process. It focuses on analysis, research and argument construction as the foundations for successful advocacy and provides students with a working guide to use alongside moot problems in five popular topic areas: criminal law, contract law, tort law, human rights and the law of equity. Through careful use of annotated examples generated by real students, and expert tips and advice from the authors, the book shows students how to individually analyse, research and construct arguments for various advocate positions, providing a practical and easy-to-follow overview of how to tackle a moot from analysing a problem initially, right up to beginning to advocate.
..".You thought that we actually take the rules seriously? No way, not in the world of fear and compromise that we rattle around in. ... Rules and principals are useful to us, just like great teeth, a pretty face and a mouth full of promises are useful to a politician... Lawyers are concerned with results, judges are concerned with clearing cases from their dockets, and cities are concerned with image. Principles like what's right and what's wrong often take a back seat to those priorities. Alex Zouzoulas, Courtroom Confidential
The authors present the first objective and carefully documented study of this new occupation and explore its development, operations, and future prospects, as well as its significance for both the legal services delivery system and the consuming public. Drawing on extensive field research involving both paralegals and lawyers, the authors compare the different settings in which paralegals are employed and the characteristics of their training and organizations, how they function on the job, and what controls are maintained by the lawyers for whom they work. The authors discuss bureaucratization of legal offices--weighing the claims of efficiency against the need to maintain a professional standard in the delivery of legal services--and trace the significance of both professionalism and bureaucracy in the evolution of the paralegal occupation. Finally, they look at present trends and the possible future role of paralegals, offering recommendations on how to improve the utilization of paralegal services.
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.
Step-by-step guide to preparing your dissertation, written by an author with a clear understanding of the needs of law dissertation students Takes a practical approach to planning and preparing your dissertation, including case studies, tips and worked examples to help you apply your skills to best effect in your dissertation Chapter on researching your dissertation includes a dedicated section on online research skills helping you to locate only the most reliable and authoritative of sources Explains different theoretical approaches to legal research with in-chapter activities to help you put the theory into practice. Includes a chapter on navigating supervision helping you to feel supported during your dissertation. Ideal accompaniment for students who are perhaps having fewer contact hours in the years to come. New edition includes material to help support those undertaking postgraduate research as well. Covers non-traditional as well as traditional dissertation formats, for example work experience or audio projects.
Retired Justice Macklin Fleming argues that in its quest for money, the legal profession has lost sight of its true tasks and responsibilities, with the result that the profession is rife with client dissatisfaction, public distrust, and individual lawyer discontent. Money is now the measure of success, he says, and honesty has been diluted, while fiduciary responsibility has eroded. Fleming elaborates his case with unusual rigor. In the quest for the brass ring of financial success, corner-cutting, absence of candor, and distortions of fact have become increasingly tolerated, to the extent that clients, the public, and lawyers themselves no longer have a sense of trust and confidence in the legal profession. Obviously, changes are needed, and unless they come from within the firms themselves, lawyers can be sure that they will come from individuals, agencies, and organizations outside these firms. Attorneys in all kinds of practices, their clients in all sectors of the economy, and academics concerned with the practice of law in all its dimensions will find Fleming's book informative, challenging, and certainly provocative reading. Fleming starts by examining what he sees as a paradox: a large increase in lawyers' fees despite a fourfold increase in lawyer numbers and a threefold increase in their proportion of the general population. What happened to the law of supply and demand? he asks. After tracing the history of the large corporate law firm and its dominance within the profession, he shows how cost-effectiveness within large firms has declined while at the same time what he calls the magic of the emperor's new clothes has suspended the law of supply and demand. He discusses excessive legal fees, their resistance to client and court controls, and relates his discussion to the present pervasive distrust of lawyers among the public. Fleming outlines the four existing challenges to business-as-usual by lawyers and law firms, and then ventures his own analysis of the needed future changes in law firms. These include professional law firm management under a less archaic structure, effective integrity and quality controls, cost-controlled delivery of legal services, and increased job satisfaction for its working lawyers.
Regulation and In-House Lawyers is a resource for SRA regulated lawyers working in-house for organisations which are not authorised by the SRA. This second edition has been updated to reflect the major regulatory changes introduced by the SRA Standards and Regulations in November 2019. The book explains the changes and their significance to in-house lawyers in particular, and provides guidance on regulatory compliance. It also covers key legislation such as the Money Laundering Regulations 2017, the Criminal Finances Act 2017, the EU General Data Protection Regulation and the Data Protection Act 2018, as well as recent Solicitors Disciplinary Tribunal decisions. Additional material has been added to this new edition which will help lawyers to demonstrate compliance in practice through systems, controls and policies, including templates which can be used by practitioners to create compliance manuals.
"Provides a richly documented history of Weinfeld's personal and
professional life." "This book leaves Weinfeld, as most of his social circle doubtless found him: an admirable and highly accomplished man whose deeper self remained a mystery, perhaps to him as much as to anyone else."--"Trial" In Pursuit of Right and Justice chronicles the life of the United States District Court's Judge Edward Weinfeld, from his humble Lower East Side origins to his distinction as one of the nation's most respected federal judges. Judge Edward Weinfeld's personal growth and socio-economic mobility provides an excellent illustration of how Catholics and Jews descended from turn-of-the-century immigrants were assimilated into the mainstream of New York and American life during the course of the twentieth century. Weinfeld left a rich collection of personal papers that William E. Nelson examines, which depict the compromises and sacrifices Weinfeld had to make to attain professional advancement. Weinfeld's jurisprudence remained closely tied to his own personal values and to the historical contexts in which cases came to his court. Nelson aptly describes how Weinfeld strove to avoid making new law. He tried to make decisions on preexisting rules or bedrock legal principles; he achieved just results by searching for and finding facts that called those rules into play. Weinfeld's vision of justice was simultaneously a liberal one that enabled him to develop law that reflected societal change, and an apolitical one that did not rest on contested policy judgments. |
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