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
--"New York Law Journal"

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
--"Campaigns & Elections"

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
--"Law & Politics Book Review"

"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."
--Kevin T. McGuire, author of "Understanding the U.S. Supreme Court"

"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."
--David M. O'Brien, author of "Storm Center: The Supreme Court in American Politics"

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.

In both law firms and other businesses, the conversation around organisational diversity is in many ways more fervent, active, and engaged than ever before. Prominent figures in the profession make bold declarations about their belief in the positive contribution increased diversity brings, and firm websites are not considered complete without a visible commitment to improve their inclusivity. It would seem that everyone is aware of the problem, and is vociferous about their attempts to tackle it. However, the numbers show that the needle is barely moving. The legal profession appears to be stuck at the point of discussion, and the measures that have thus far been implemented - which typically include token changes in company policy and written charters and agreements - can more resemble posturing than steps to achieve real change. The challenge, then, for any law firm which recognizes that diversity is a force for innovation and seeks to genuinely make a change, is finding those actions that do make an obvious and measurable difference. What can be done, and where does one find the practical advice needed to instigate the change? Packed with constructive guidance and compelling insight from industry experts and thought leaders, The Diversity Agenda: Lessons and Guidance from the Legal Profession seeks to provide the answer to these questions. Moving past the identification of an obvious problem, this book will instead offer effective solutions to those endeavoring to maximize their firm's potential through the benefits diversification can bring. The Diversity Agenda: Lessons and Guidance from the Legal Profession aims to supply a unique perspective from authors who have experienced institutional challenges and obstacles, providing proactive steps to take in order to negotiate them. Expert advice is also supplemented by real-world examples of pragmatic, effective and award-winning diversity initiatives that are being pioneered by both international and regional law firms.

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"

..".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.

Time is a lawyer's commodity. Or rather, it is how most lawyers quantify their expertise. How successful you are as a lawyer depends fundamentally on how you use your time and there is a direct correlation between how much value you can extract from your time and your profitability. Most lawyers must record how they spend their time on a daily basis and regularly have to justify their use of time to clients, the court, or their employers. Managing Partner's new report entitled Making Every Six Minutes Count explains why lawyers should look more objectively at how they spend their time and how principles of time management can make an enormous difference in a profession which is now at its most stressful and intensive. The more efficiently and effectively you use your time, the more successful your practice will be.Topics Covered in this report include: - Defining time management and in turn self-management; - Why time management is a small investment for a big return; - Effective working environments and how they are conducive to better time management; - Streamlining office functions to enable more focus on critical work; - Efficient planning of working hours; - The differences between 'time management' and 'time leadership;' - Prioritizing tasks and dealing with overwhelm; - Delegation as the single most effective way to instantly get more time; - Practical tips on how to recognize and overcome procrastination habits; - The impact of communication and managing interruptions; - Work life balance and why it is so elusive for lawyers; - Managing clients more proactively to provide a more efficient and effective service; - Finding time for business development and networking; - Stress Management for Lawyers; and - The impact of time management on personal development and career planning. The report also features real- life accounts of the key challenges faced by a range of lawyers - from trainees to managing partners, and from sole practitioners to in-house legal advisors - providing you with insight into the common pitfalls and successes of those who have mastered time management and are currently using it to their advantage.

This book addresses the relationship between restorative justice and children's rights, an issue of increasing relevance to restorative justice theory and practice that has thus far received relatively little attention. Readers will find useful reviews of international human rights documents and of legislation, policy and practices in countries in Europe, Africa, Asia, South America, North America, and Oceania. Each of the chapters demonstrates the compatibility between children's rights and restorative justice. Adopting a rights-based approach is an important means for countries that are interested in further developing restorative justice practices, as it helps restorative processes that are new to the juvenile justice system to gain credibility as well as safeguard young participants' rights in these processes. In countries where restorative justice has been developed, a rights approach can stimulate innovation and applications beyond the child justice system. The book focuses on both needs and rights of children and young people who caused harm or suffered harm. Some chapters also adopt a critical point of view to explore the tensions between rights and restorative justice in relation to colonisation, welfare models, and professional privilege. Studies in Restorative Justice Restorative justice offers a unique approach to crime and victimisation and a change of course from the traditional preoccupation with retribution and transgression of rules in the criminal justice system. This book series aspires to highlight the many accomplishments achieved through the use of restorative justice practices in response to crime and social conflict. It is a collection of groundbreaking theoretical essays on the principles, uses and versatility of restorative justice as well as state-of-the-art empirical research into the implementation of restorative justice practices, experiences in these programmes and evaluation of its impact on victim recovery, reoffending and community capacity building. Contributors include established scholars and promising new scholars.

This study examines judicial leadership in court reform, tying biography, political science, social psychology, law, and history into court reform at the local level through the case of a nationally known jurist and reformer--Judge George Nicola of New Jersey. The work provides an important examination, in depth and over time, of true leadership in the courts and of the exceptionally innovative programs developed by Judge Nicola. The author also addresses two fundamental issues which lie at the heart of court reform and judicial leadership: the perplexing question of whether a judicial system so bound by tradition as that of the United States can be changed from within; and whether judicial leadership provides the best and most fruitful opportunity for changing this institution. This volume will be of interest to scholars of political science, American government, the judiciary, and the practice of law.

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.

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.

This report is designed as a practical guide to help you and your firm get to grips with process improvement techniques, and to understand their core benefits and practical applications in a legal environment. With contributions from leading law firms, consultants, and internationally renowned experts on legal process improvement and project management, this report: Provides in-depth, strategic, and tactical guidance on the application of process improvement in law firms; Outlines the different approaches firms are taking, and includes case studies highlighting what the results have been for those who have already adopted process improvement techniques; Includes practical guidance on implementing process improvement - from gaining buy-in through to process mapping and devising different strategies; and Explains the relationship between legal process improvement and related disciplines and key methodologies such as Lean and Six Sigma, project management, and KM.

The naked lawyer is back by popular demand! This time the focus is on the future and what that will mean for legal businesses. This new report, tomorrow's naked lawyer, builds on the current thinking on a variety of subjects and explores and challenges conventional thinking and wisdom with regard to marketing, branding, technology, artificial intelligence, robotics, and the future of law during the period of 2015 to 2045. This report focuses on the impact artificial intelligence is currently having and will inevitably have on the black and white letter of the law. The author poses challenging questions about where society, the market, and the legal ecosystem is moving (and where the law is lagging behind), all the while providing practical solutions in relation to the psychology and skills that you will need to future proof your career and/or your business. Based on compelling research from a wide spectrum of resources and fields, and with input from numerous authoritative and respected global leaders within the legal profession and far beyond, the report describes the improvements and automations that may be made for your personal good, the client good, the legal business good, and for the good of legal justice systems throughout the world. A glimpse at the content... --- Practical advice, case studies and examples to help you and your business grow --- Examples from IBM, Google, UBS, DAS, LexisNexis, and Peppermint Technology --- Contributions from eminent, and world renowned professionals, leading thinkers, scientists, technologists, futurists, and entrepreneurs --- Some storytelling and cheekiness in true naked lawyer style! It's time to start providing answers and solutions to how we can embrace NewTech and the NewHuman by creating NewLaw and still be successful. tomorrow's naked lawyer does exactly this. It is an important read for anyone, anywhere in the world, who is curious about the future of law and how to prepare for it. Lawyers, non-lawyers, suppliers, consultants, entrepreneurs, innovators, investors, YOU ... enjoy the tomorrow's naked lawyer journey!

"Provides a richly documented history of Weinfeld's personal and professional life."
--" The Law and Politics Book Review"

"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.

It is a sine qua non of legal practice that lawyers should not allow themselves to act for two clients whose interests may,potentially, conflict. However, this principle is being placed under increasing pressure, the main reasons for this being increased demand for specialist legal services, the globalisation of commerce, a dramatic growth in the size of leading law firms, and significantly greater mobility within the legal profession. As a result, there is a growing trend, especially within the commercial legal environment, for solicitors to face conflicts of interest which have no easy solution. Increasingly, conflicts are being 'managed', rather than avoided altogether. This is a field within which the Law Society's own rules are flouted on a daily basis, and in which these rules appear increasingly at odds with the common law. Based on extensive interviews with lawyers and their clients, this book provides the first thorough consideration of how conflicts of interest are handled within law firms. It will be essential reading to all those who have an interest in professional legal ethics, including law students, legal scholars, practitioners, and regulators.

"Client listening is the single most important marketing activity." - Paul Amit, Head of Sector and Client Marketing, DLA Piper. Forward-thinking firms know that listening effectively to their clients is crucial for improving client service, value, retention, and, ultimately, profitability. It can also help future-proof your firm by embedding client relationships, and anticipating client needs. Client Listening: Why It Pays and How to Do it, will show you how to design and implement effective client listening programmes and act on the intelligence gleaned to secure these critical benefits for your firm. It highlights the important factors that must be considered before launching a client listening programme, and offers practical advice to ensure its success. Topics include how to: * Identify the role of client listening within your firm's broader CRM and BD initiatives; * Overcome typical objections from individual lawyers to engaging in client listening; * Determine the type of client listening activities which best fit your firm's culture, budget, timetable, and purposes; * Design and conduct effective client questionnaires and interviews (how-to guide included); and * Ensure client feedback is reported, shared, absorbed, and converted into action appropriately. Real-life case studies from DLA Piper, Ashurst, CMS Cameron McKenna, K&L Gates, and KPMG reveal how firms are currently using client listening as a means to deepen client relationships and develop more responsive, value-added services. Useful appendices are also included to assist you with the design, launch, and fine-tuning of your own client listening programmes. These include: * A client listening planner; * A sample client invitation; and * A sample discussion guide for a client service review.

"In this well-written and carefully documented book Professor Gottlieb contends that the conservative direction of this court is so strong that it is impossible for the poor and less fortunate to receive proper consideration and, ultimately, redress."
"--New York Law Journal"

We like to think of judges and justices as making decisions based on the facts and the law. But to what extent do jurists decide cases in accordance with their own preexisting philosophy of law, and what specific ideological assumptions account for their decisions?

Stephen E. Gottlieb adopts a unique perspective on the decision-making of Supreme Court justices, blending and re-characterizing traditional accounts of political philosophy in a way that plausibly explains many of the justices' voting patterns.

A seminal study of the Rehnquist Court, Morality Imposed illustrates how, in contrast to previous courts which took their mandate to be a move toward a freer and/or happier society, the current court evidences little concern for this goal, focusing instead on thinly veiled moral judgments. Delineating a fault line between liberal and conservative justices on the Rehnquist Court, Gottlieb suggests that conservative justices have rejected the basic principles that informed post-New Deal individual rights jurisprudence and have substituted their own conceptions of moral character for these fundamental principles.

Morality Imposed adds substantially to our understanding of the Supreme Court, its most recent cases, and the evolution of judicial philosophy in the U.S.

In The Protectors of Indians in the Royal Audience of Lima: History, Careers and Legal Culture, 1575-1775 Mauricio Novoa offers an account of the institution that developed in the vice-royalty of Peru for the protection of Indians before the high courts of justice. Making use of historical materials, Novoa provides a comprehensive view on the formation of the legal elite in Lima during the colonial period; reviews the litigation undertaken by indigenous plaintiffs, and explains the legal culture that allowed the development of juristic doctrine around the Indian personal status.

The success or failure of your firm is determined by how your clients and employees view your brand - simple. An effective brand strategy that is clearly understood and supported throughout your firm is crucial if you want to attract and retain profitable clients and sustain a talented workforce. Brand Strategy and Management for Law Firms report provides a comprehensive framework and guidelines for developing a brand strategy tailored to your firm. Packed with key concepts, practical tools, tips and advice this report will give you an understanding of brand and how it can be developed and strengthened as your firm's most invaluable asset. Specifically, this report will help you to: * Understand the key elements of personal brands, firm brand, and the employment brand - and how they relate to each other; * Align your brand strategy with your overall firm strategy, vision and values; * Realise the importance of brand names, icons or logos, design and aesthetics; * Understand the key brand considerations when using online channels - websites, blogs, LinkedIn, Twitter and Facebook; * Create a customised brand stress-test and make improvements to strengthen your firm's brand accordingly and ensure its success; * Get partners and staff on board to support and grow your brand; and * Avoid brand mistakes and overcome the common challenges - including recommended steps for managing your brand before, during and following a merger. Brand Strategy and Management for Law Firms features insightful case studies, examples and expert contributions from the likes of Norton Rose South Africa, DLA Phillips Fox, Lex Mundi, Lex Africa and more - They reveal practical tips, lessons learned and mistakes made that will prove invaluable in the development and management of your own brand strategy.