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Books > Law > Jurisprudence & general issues > Legal profession > General
Using St. Thomas Aquinas's natural law philosophy and Divine Exemplar argument to prompt new discussion of ethical questions that lawyers and judges should confront, the author delivers a complete occupational profile for the professional conduct of judges and lawyers. St. Thomas's discourse on such topics as procedural law, judicial and advocate conduct and character, criminal and civil practice standards, and sentencing guidelines provides a blueprint for the Christian lawyer and judge by laying out the professional and ethical parameters that make the actor operate in accordance with reason and morality. This text on Thomistic jurisprudence challenges the current beliefs of law and the justice system, the functions of lawyers, advocates, and judges, and traditional views on evidence and punishment, and suggests a return to the "roots" of the system, in which reason, virtue, and justice guide the law and its practice. Lawyers, judges, students, and scholars should find in these pages a unique approach to renewing our beleaguered justice system. Relying on extensive quotations from the works of St. Thomas Aquinas, the author begins the text with an explication of St. Thomas's influences, legal philosophy, and thoughts on virtue and the law. He then devotes several chapters to specific concepts in Thomistic jurisprudence, including prudence, the common good, judicial process, judgment, and punishment. The final chapters analyze the role of lawyers and judges, and argues for the need for the application of the Thomistic model of jurisprudence to our criminal justice system.
During the coming decades, the digital revolution that has transformed so much of our world will transform legal education as well. The digital production and distribution of course materials will powerfully affect both the content and the way materials are used in the classroom and library. This collection of essays by leading legal scholars in various fields explores three aspects of this coming transformation. The first set of essays discusses the way digital materials will be created and how they will change concepts of authorship as well as methods of production and distribution. The second set explores the impact of digital materials on law school classrooms and law libraries, and the third set considers the potential transformation of the curriculum that the materials are likely to produce. Taken together, these essays provide a guide to momentous changes that every legal teacher and scholar needs to understand.
"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." 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.
When Steve and his partner Wilf set up their legal practice, they aren't expecting the high life - 1980's Rotherham Magistrate's Court is no Old Bailey. But they aren't expecting such weird and wonderful lowlifes, either..."Boozers, Ballcocks & Bailis" the first of legendary criminal lawyer Steve Smith's comic series, in which Steve recounts with gusto their sometimes hilarious, sometimes tragic and sometimes plain bizarre experiences both in and outside the criminal justice system, and the colourful characters they meet along the way. From incurably lacenous but oddly likeable Jack Heptonstall to the Bird Man of Rotherham - not to mention Spider, Pagey and an incontinent chimpanzee - the 'legal James Herriot' takes the reader on a rollercoaster of laughter and tears as he depicts human nature at its best - and worst.
With the current economic climate hitting growth potential hard, now may be the time to seriously consider the benefits of a merger. In the past decade it was not unusual for law firms in the buoyant market to experience 15% plus organic fee growth, but in the next five years this figure will be considered exceptional. If you cannot achieve growth from current client baselines, a merger may well be the only way to ensure the increases in turnover and reductions in costs that will prevent the diving economy eating away at fee incomes. The Art of the Law Firm Merger gives you a clear understanding of the merger process from start to finish including how and when to recognise the indicators that the merger is not in the best interests of your firm. It provides templates and methodologies that ensure the success of your chosen merger and that your primary goals are achieved. The report will help you achieve success with cultural change to ensure your law firm works as a business, embracing best practice, technology and new management structures. It explores staff selection, management approaches, in-house training, reward structures and review methods that will make successful change a reality. The Art of the Law Firm Merger defines an effective communication strategy for keeping stakeholders informed and supportive of the process, assists you in setting timelines for all stages of the merger and even discusses methods for measuring the results. The Go-Path template (Goals, Objections, Process, Approval, Timetable, Help) is explained in detail but above all, the merger process in this important new report is always placed exclusively in the context of the very unique considerations relating to law firms.
'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 book provides a detailed examination of the life and legal legacy of Supreme Court Justice Thurgood Marshall, including a discussion of the many legal cases in which he was involved. Thurgood Marshall was the first African American Supreme Court Justice. As a lawyer, he won the Supreme Court Case Brown v. Board of Education of Topeka that integrated all public schools in the United States. But Marshall's contributions extend far beyond significantly advancing the civil rights movement in this nation. Thurgood Marshall: A Biography discusses the life of Supreme Court Justice Thurgood Marshall in a chronological fashion, and then discusses his legacy after death. Students at all grade levels-including undergraduate and graduate college students-as well as historians and general readers interested in African American history , civil rights, or the U.S. legal system will find this book insightful and useful. A chronological timeline of the life of Thurgood Marshall A bibliography provides useful references
Founded in 1847 in Lebanon, Tennessee, the Cumberland School of Law holds a unique place in the history of American legal education. As the premier law school in the South in the nineteenth century, Cumberland trained two United States Supreme Court justices, nine senators, a secretary of state, and scores of other federal and state judges, representatives, and governors. Cumberland is among the oldest law schools in the southeast and is the first law school to have been sold outright from one university to another, passing from Cumberland University to Birmingham, Alabama's Howard College (now Samford University) in 1961. This book is a comprehensive narrative analysis of the school's pedagogical and social history in the context of legal education throughout the South and the nation.
In My Own Liberator, Dikgang Moseneke pays homage to the many people and places that have helped to define and shape him. In tracing his ancestry, the influence on both his maternal and paternal sides is evident in the values they imbued in their children - the importance of family, the value of hard work and education, an uncompromising moral code, compassion for those less fortunate and unflinching refusal to accept an unjust political regime or acknowledge its oppressive laws. As a young activist in the Pan-Africanist Congress, at the tender age of fifteen, Moseneke was arrested, detained and, in 1963, sentenced to ten years on Robben Island for participating in anti-apartheid activities. Physical incarceration, harsh conditions and inhumane treatment could not imprison the political prisoners' minds, however, and for many the Island became a school not only in politics but an opportunity for dedicated study, formal and informal. It set the young Moseneke on a path towards a law degree that would provide the bedrock for a long and fruitful legal career and see him serve his country in the highest court. My Own Liberator charts Moseneke's rise as one of the country's top legal minds, who not only helped to draft the interim constitution, but for fifteen years acted as a guardian of that constitution for all South Africans, helping to make it a living document for the country and its people.
This practical book shares insights, smart strategies and tips to help you to market yourself and maximise your chances of career success. The book covers: - what marketing actually is - why you must put yourself in your clients' shoes - the importance of having a personal brand - how to make networking work for you - blocks lawyers have about marketing and how to overcome them - how to fit marketing into your hectic schedule - how LinkedIn can help you to create visibility online and build your reputation - how content marketing fits with your overall marketing strategy and plan. Written by an experienced mentor and coach with in-depth knowledge and experience of the legal profession, this book is an essential read for fast changing times with more competition.
This key text brings together a team of leading contributors to address the complex issues of security reconciliation and reconstruction in post conflict societies. Security, Reconstruction and Reconciliation is organized into four main sections: the social, political, and economic dimensions of conflict the impact of conflict on women and children reconstruction and past human rights violations disarmament, demobilization, reintegration, post-war reconstruction and the building of a capable state and the role of the international community in the peace process. The chapters offer a detailed and succinct exposition of the challenges facing post conflict societies by articulating the vision of a new society. With a foreword by Francis Deng, the UN Secretary General's Special Representative on Internally Displaced Persons, the authors discuss the issues in the context of possible solutions and lessons learnt in the field. This new book is a valuable resource for researchers, policy makers and students in the fields of conflict resolution, security studies, law and development.
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.
Life assurance continues to be a topic of great practical
significance, given the popularity of endowment mortgages and
pensions, which contain an element of insurance, as well as the
need for families to protect against the loss of their
breadwinners. Since the first edition of this book in 1995 much has
changed, with a fundamentally new regulatory structure under the
Financial Services and Markets Act 2000, changes in divorce and
bankruptcy law, as well as continued developments in areas such as
insurable interest and utmost good faith. All these developments
are covered in this new edition, which at the same time retains the
extensive coverage of the well-established principles of this area
of law. Areas dealt with include insurable interest, disclosure, cancellation, intermediaries, marketing, assignment, surrender and pension policies. This new edition has been comprehensively revised and updated to take account of changes since the last edition was published.
Risk management within law firms is a rapidly developing area. In the last year economic changes alone (the term 'credit crunch' was as yet unheard of when the second edition was written) have served to highlight the need for your risk management strategy to be under constant review. The credit crunch raises the game for all firms substantially, bringing to the fore issues involving: People; Clients; Regulatory risk; and Insurance. This report, substantially increased in size to deal with the emerging issues, aims to give you a clear understanding of how they will affect your law firm and how you need to respond, in order to manage them effectively. The third edition covers: Solicitors Regulation Authority (SRA) monitoring and enforcement of the Solicitor's Code of Conduct 2007; The Legal Services Act 2007 and the risks it presents; and A review of compliance with the Money Laundering Regulations 2007 - a year after their implementation on 15 December 2007. The report guides you through the distinct requirements of a risk management system including: Responsibility at senior management level; A framework for managing risk across all parts of the business; Integration of risk management processes into firm culture; Accountability in each practice area and support function; A risk evaluation process; External assessment; and Business continuity planning. Subjects covered include: Credit crunch risks; People and culture issues; Client engagement; Finance; Protecting partner assets; Compliance; File auditing; Managing your insurance; Office systems; Location and premises issues; Professional indemnity insurance; And more - Risk Management for Law Firms, 3rd Edition provides an in-depth analysis of key risk areas within the firm and aims to help firms meet new and emerging challenges with clear, practical examples.
Unique in its use of literature from Dutch, French, and German sources. No other comparable textbook on legal method/ legal science. Interdisciplinary; useful also for those looking to understand the philosophy of science.
The essays in Erotic Justice address the ways in which law has been implicated in contemporary debates dealing with sexuality, culture and `different' subjects - including women, sexual minorities, Muslims and the transnational migrant. Law is analyzed as a discursive terrain, where these different subjects are excluded or included in the postcolonial present on terms that are reminiscent of the colonial encounter and its treatment of difference. Bringing a postcolonial feminist legal analysis to her discussion, Kapur is relentless in her critiques on how colonial discourses, cultural essentialism, and victim rhetoric are reproduced in universal, liberal projects such as human rights and international law, as well as in the legal regulation of sexuality and culture in a postcolonial context. Drawing her examples from postcolonial India, Ratna Kapur demonstrates the theoretical and disruptive possibilities that the postcolonial subject brings to international law, human rights, and domestic law. In the process, challenges are offered to the political and theoretical constructions of the nation, sexuality, cultural authenticity, and women's subjectivity.
There are law books about constructive trusts, the Perpetuities and Accumulations Act 1964, and the rule in Foss v Harbottle. This law book is not one of them. Writer David Pannick has always been much more interested in unpersuasive advocates and injudicious judges. In this entertaining and sometimes shocking collection of his fortnightly columns from The Times (London), Pannick passes judgement on advocates who tell judges that their closing submissions to the jury will not take long because "I would like to move my car before 5 o'clock." Pannick also sentences judges who claim to have invisible dwarf friends sitting with them on the Bench, who order the parties to "stay loose - as a goose," and who signal their rejection of an advocate's argument by flushing a miniature toilet on the bench. Pannick will entertain and inform the reader about judges, lawyers, legal culture, and law reform. I Have to Move My Car is an ideal gift for all those who appreciate the lighter side to court life.
Oliver Wendell Holmes was one of the most influential figures in American law. As a Supreme Court Justice, he wrote foundational opinions about such important constitutional issues as freedom of speech and the limits of state regulatory power. As a scholar and Massachusetts High Court judge, he helped to reshape the common law for the modern industrial era. And yet, despite the many accounts of his career, Holmes himself remains an enigma. This book is the first to explore the nineteenth-century New England influences so crucial to the formation of his character. Inspired by Ralph Waldo Emerson's transcendentalism, Holmes belonged to a group of men who formulated a philosophy known as American pragmatism that stood as an alternative to English empiricism and German rationalism. This innovative study places Holmes within the transcendentalist, pragmatist tradition and thereby unlocks his unique identity and contribution to American law. Wells' nuanced analysis will appeal to legal scholars, historians, philosophers, and general readers alike.
So you AZre in A C or striving to be in A C The Lawyer AZs top 200. But are you being measured on what your clients actually find attractive? With increased demand for efficiency, value added services and effective governance, a ranking based simply on revenue is not sufficiently compelling. Having an effective governance model and the right measures of success in place are now vital to secure sustainable profitability for your firm. AZs report on Law Firm Governance and Measurements of Success provides a vital examination of: New governance models for law firms of different sizes and complexities; Law firm growth stages and the structural changes necessary to succeed; Overcoming the cultural barriers/issues involved with changing your governance and/or measurement systems; Current measurements of success A C internal and external; New medium and long-term success metrics to better support long-term thinking, and payment and reward structures; Attracting clients and external investors through effective reporting of your firm AZs success; and more Peter Blair, former first chief operating officer of Field Fisher Waterhouse provides cutting-edge analysis on The Lawyer AZs top 200 firms by examining what creates their success. Peter evaluates whether the measures used are effective and demonstrates how by using alternative metrics you can boost your rankings. Featuring real-life case studies this invaluable report provides a vital insight into current law firm governance models, examines where they are going wrong and how they can be improved to secure sustainable growth.
Women lawyers,less than a century ago still almost a contradiction in terms, have come to stay. Who are they? Where are they? What impact have they had on the profession that had for so long been a bastion of male domination? These are key questions asked in this first comprehensive study of women in the world's legal professions. Answers are based on both quantitative and qualitative analyses, using a variety of conceptual frameworks. 26 contributions by 25 authors present and evaluate the situation of women in the legal profession in both common and civil law countries in the developed world. 15 countries from four continents are covered: the United States of America, Canada, Australia, New Zealand, England, Israel, Germany, the Netherlands, Poland, Finland, France, Italy, Brazil, Korea, and Japan. The focus ranges from judges and public prosecutors, to law professors, lawyers (attorneys), notaries and company lawyers. National differences are clearly in evidence, but so are common features cutting across national boundaries. Experience of glass ceilings and revolving doors is as widespread and as real as success stories of women lawyers pursuing their own projects. |
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