The law of contract is ripe for feminist analysis. Despite increasing calls for the re-conceptualisation of neo-classical ways of thinking, feminist perspectives on contract tend to be marginalised in mainstream textbooks. This edited collection questions the assumptions made in such works and the ideologies that underpin them, drawing attention to the ways in which the law of contract has facilitated the virtual exclusion of women, the feminine and the private sphere from legal discourse. Contributors to this volume offer a range of ways of thinking about the subject and cover topics such as the feminine offeree, feminist perspectives on contracts in cyberspace, the forgotten world of women and contracts, restitution and feminist economic theory, the gendered power dynamics of undue influence, and the feminisation of dispute resolution.

The basics of legal research, analysis, and writing in a practical, relevant approach Legal Research, Analysis, and Writing gives students the essential knowledge and tools they need to research and analyze a legal problem and communicate the results in diverse forms of legal memoranda. Covering both traditional and free Internet research, the book's practical, relevant approach provides a number of outstanding teaching and learning aids, among them short memos with hypothetical factual situations for students to research, research and writing exercises and assignments, writing examples and exercises, online research exercises, citation exercises, numerous sample pages and screenshots, legal research problems with answers, checklists for research and writing, and an Instructor's Manual. The Sixth Edition updates and expands many of the examples and exercises used throughout the text to give students the latest information available.

Genetic Testing and the Criminal Law is a unique international treatment of the dynamic and established criminal investigation technique of DNA testing. Gathering together expert practitioners, judges and researchers from twelve countries, each chapter deals with the specific criminal law of the jurisdiction in its interaction with the expanding use of DNA testing in criminal investigations and trials. The chapters cover the criminal law of the United Kingdom, Japan, Australia, Germany, New Zealand, Spain, South Africa, Canada, Italy, Finland, Argentina and Denmark, providing valuable accounts not only of the use of genetic testing in the criminal law, but also of the development of the law in these jurisdictions. No previous work has included such an extensive comparative study in this important area. Collectively, this book emphasizes the need for the law to respond to scientific developments thoughtfully and with a sensitive, well-reasoned approach to current concerns relating to the reliability of DNA evidence in criminal trials and the privacy and civil liberties issues surrounding the collection of DNA samples from individuals and their storage. This book is an invaluable reference for scholars, practitioners of criminal law and private international law, and students interested in this increasingly significant field of law.

Strategies for gathering and harnessing knowledge have existed in law firms for decades. However, knowledge management suddenly found itself in the spotlight as a result of the COVID-19 pandemic. Enforced remote working reduced opportunities for knowledge sharing between colleagues and this gap was filled with knowledge databases and experienced knowledge lawyers. Now that hybrid and virtual workforces are here to stay, these new working practices have combined with technological developments, enhanced demand, and the transformation of how to access knowledge to drive the advancement of knowledge management into a new era. Knowledge Management in Law Firms: Challenges and Opportunities Post-Pandemic is the essential guide to the evolution of law firm knowledge management. It covers how to revisit your strategy in light of recent and future changes, the expansion of knowledge management to encompass legal tech and innovation, the rise of the importance of data, strategies for overcoming the challenges hybrid and virtual working pose to knowledge management, managing knowledge teams, and much more. Chapters are written by an international group of KM experts from a range of organisations and leading law firms, including DLA Piper, Linklaters, and Dentons. Pandemic experiences and lessons learnt are shared as well as ways to approach the future. Knowledge is at the heart of the legal profession, and this book provides guidance on how to prepare for and thrive in the knowledge management practices of the future, overcoming the obstacles and embracing the opportunities that have arisen from or been accelerated by the pandemic. Through demonstrating how effective knowledge management can help firms exceed client expectations, differentiate themselves in the competitive market, and, ultimately, improve their bottom line, this title will be of interest to knowledge management professionals including professional support lawyers, law firm leaders, partners and fee earners, and, outside of law firms, in-house lawyers and consultants.

University can be a psychologically distressing place for students. Empirical studies in Australia and the USA highlight that a large number of law students suffer from psychological distress, when compared to students from other disciplines and members of the general population. This book explores the significant role that legal education can play in the promotion of mental health and well-being in law students, and consequently in the profession. The volume considers the ways in which the problems of psychological distress amongst law students are connected to the way law and legal culture are taught, and articulates curricula and extra-curricula strategies for promoting wellbeing for law students. With contributions from legal academics, legal practitioners and psychologists, the authors discuss the possible causes of psychological distress in the legal community, and potential interventions that may increase psychological well-being. This important book will be of interest to legal academics, law students, members of the legal profession, post-graduate researchers as well as non-law researchers interested in this area.

Civil Procedure provides an indispensable guide both to students of civil procedure at all levels as well as practitioners who regularly have to grapple with the CPR.

This innovative volume explores empirical legal issues around the world. While legal studies have traditionally been worked on and of letters and with a normative bent, in recent years quantitative methods have gained traction by offering a brand new perspective of understanding law. That is, legal scholars have started to crunch numbers, not letters, to tease out the effects of law on the regulated industries, citizens, or judges in reality. In this edited book, authors from leading institutions in the U.S., Europe, and Asia investigate legal issues in South Africa, Argentina, the U.S., Israel, Taiwan, and other countries. Using original data in a variety of statistical tools (from the most basic chi-square analysis to sophisticated two-stage least square regression models), contributors to this book look into the judicial behaviours in Taiwan and Israel, the determinants of constitutional judicial systems in 100 countries, and the effect of appellate court decisions on media competition. In addition, this book breaks new ground in informing important policy debates. Specifically, how long should we incarcerate criminals? Should the medical malpractice liability system be reformed? Do police reduce crime? Why is South Africa's democratic transition viable? With solid data as evidence, this volume sheds new light on these issues from a road more and more frequently taken-what is known as "empirical legal studies/analysis." This book should be useful to students, practitioners and professors of law, economics and public policy in many countries who seek to understand their legal system from a different, and arguably more scientific, perspective.

First published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.

In the Commonwealth,the principle of legal professional privilege has been treated as almost sacrosanct and in consequence, derogations from it have been rare. The traditional view is that, despite resulting unfairness, the rule must be absolute in order to achieve its stated goals. This view is challenged here through an examination of the structure of and exceptions to the privilege. Auburn argues that the claims made of the rule in the past have been overstated and that the privilege is more robust than widely assumed. Being dependent on patterns of client behaviour, it can accommodate change, while still fulfilling its essential function. Having examined the theory, structure and main derogations from the privilege, the author asserts that we should be more sceptical of the claims made of the privilege, and in appropriate circumstances should give more weight to the values underlying the disclosure of evidence. This thoughtful analysis presents a new approach to the issue of legal professional privilege. It offers a thorough exploration of the principles underlying the privilege and takes a Commonwealth-wide approach, covering the law in England, Australia, Canada, New Zealand and South Africa, as well as drawing on relevant principles from European and United States law. Contents 1. Conceptual and Historical Introduction Part A: THEORETICAL FOUNDATIONS 2. Emerging Common Law Right 3. Privilege Under the European Convention on Human Rights 4. Confidentiality 5. Disclosure 6. Structure of the Privilege - General Theory 7. Structure of the Privilege - Application PART B: PRACTICAL APPLICATIONS 8. Crime-fraud Exception 9. Criminal Exculpatory Evidence 10. Loss of Privilege Based on Intent and Disclosure [Waiver] 11. Fairness Based Loss of Privilege [Waiver] 12. Indadvertent Disclosure 13. Past and Future Directions

Humanised accounts of restrictions on mobility are rarely the focus of debates on irregular migration. Very little is heard from refugees themselves about why they migrate, their experiences whilst entering the EU or how they navigate reception conditions upon arrival, particularly from a gendered perspective. The Securitization of Migration and Refugee Women fills this gap and explores the journey made by refugee women who have travelled from Somalia to the EU to seek asylum. This book reveals the humanised impact of the securitization of migration, the dominant policy response to irregular migration pursued by governments across the Globe. The Southern EU Member State of Malta finds itself on the frontline of policing and securing Europe's southern external borders against transnational migrants and preventing migrants' on-migration to other Member States within the EU. The securitization of migration has been responsible for restricting access to asylum, diluting rights and entitlements to refugee protection, and punishing those who arrive in the EU without valid passports -a visibly racialised and gendered population. The stories of the refugee women interviewed for this research detail the ways in which refugee protection is being eroded, selectively applied and in some cases specifically designed to exclude. In contrast to the majority of migration literature, which has largely focused on the male experience, this book focuses on the experiences of refugee women and aims to contribute to the volume of work dedicated to analysing borders from the perspective of those who cross them. This research strengthens existing criminological literature and has the potential to offer insights to policy makers around the world. It will be of interest to academics and students interested in International Crime and Justice, Securitisation, Refugee Law and Border Control, as well as the general reader.

This latest edition of AS Law has been fully updated to meet the requirements of the most recent changes to the specifications of both AQA and OCR examination boards. This title is tailored to the NEW four-module specifications for both AQA and OCR (although also suitable for the existing six-module specifications) includes a new chapter on Contract as part of the section on The Concept of Liability contains coverage of recent legal changes includes the effects of the Constitutional Reform Act 2005, especially concerning appointment of judges and the role of senior officers, such as the Lord Chancellor; reform of the powers of the police; recent statutes and cases particularly useful in preparing for questions involving judicial precedent and statutory interpretation. is written by authors who are experienced teachers, writers and examiners for AS/A-level law.

It is a condition of authorisation that all SRA-authorised law firms must have a compliance officer for legal practice (COLP) and a compliance officer for finance and administration (COFA), and that these individuals must comply with regulatory duties imposed on them personally. Now in its third edition, COLP and COFA: Compliance in Practice provides the role-holders, and anyone concerned with supporting the role-holders, with essential information about regulatory and ethical standards and compliance procedures that will support the achievement of these standards and facilitate a good working relationship with the SRA. Written by Tracey Calvert, a former employee of both the Law Society and the SRA, this edition has been updated to include the latest requirements as evidenced by the SRA Standards and Regulations, and includes lessons learned from supervisory and enforcement action.

Like so many other professions, law is becoming increasingly influenced by an overwhelming amount of disparate, fragmented and complex data that can both help and hinder business. Data comes from a wealth of different sources, both internal and external, constantly changing, never still. Keeping control of all that data is one challenge; leveraging it to the greater good much harder. Despite the huge amount of data in the average law firm, data-driven decision-making is relatively new and uncharted. With the hugely disruptive changes that have occurred in our ways of working over the last two years, the issue of data is now front and centre. This second edition of Building the Data-Driven Law Firm looks at how the use of data has become inextricably linked with the practice of law; how it can be utilized to the good, and the safeguards that must be put in place to mitigate the bad; how Big Data will revolutionize the way lawyers work, and the cases they will work on; and how new uses for data (including blockchain and the Internet of Things) will influence the law firm of the future. Bringing the book bang up to date, new content features how we can keep data secure in the changing world of work, how data can be used for business development and client satisfaction, the implications of data bias and data theft, and whether the way we use data is even useful anymore.

This book examines the issues of crime and its control in the twenty-first century - an era of human history where people live in an increasingly interconnected and interdependent world - providing invaluable and first-hand readings for undergraduate and postgradate students.

Mental Health Professionals, Minorities, and the Poorprovides mental health professionals with informationessential to the accurate assessment and effectivetreatment of diver populations.

The seaworthiness of merchant ships plays a critical role in ensuring the safety of life and property and the prevention of marine pollution. It deals with the fitness and readiness of a ship and its fundamental ability to sail safely to its destination. The standards of seaworthiness extend to literally all aspects of a ship, including the human element, physical structure, documentation, cargo worthiness and so on. It is one of the most complicated concepts in the maritime regulatory regime, and it takes many forms. However, although one of the most important terms in maritime transportation and ship management, seaworthiness is not an absolute concept, but a relative one, dependent on the particular environment, context and facts, and the standards of seaworthiness have changed greatly with the introduction of new maritime regulations over the years. The existing literature on seaworthiness is found within a variety of dedicated articles or book chapters. This book summarizes all that information in one publication and provides an update on key books that are now more than a decade old. In addition, it also offers more detail on specific aspects that are rarely discussed on their own. The reader will gain an understanding of the constituent features which colour its application in sovereign jurisdictions, where each have their own, often conflicting, social or geopolitical priorities to meet. Each chapter relies heavily on case studies to illustrate how the laws which reflect private laws and national policy underpinning those priorities are applied in practice. This structure then enables an understanding of the problems in the carriage of goods by sea, with a view to offering options for solutions. The book is written to meet the needs of lawyers, maritime professionals and academics, to thoroughly explain the concept of seaworthiness and the relevant legal issues.

This fully revised and updated second edition provides an indispensible guide to all those preparing to sit the National Admissions Test for Law (LNAT). Mastering the LNAT provides comprehensive guidance on both the multiple choice section and essay section of the test, as well as analysis of previous test results, details of the procedure for sitting the test and how the results are calculated and used. The book also includes five practice tests for students to work through, along with complete sets of answers and explanations and a range of sample essays and essay plans. Presented in an accessible and easy to understand format, Shepherd offers a practical, hands-on insight into what universities are looking for from candidates. It includes; an introduction to the test and the part it plays in the overall application process; guidance on preparing for the LNAT and an explanation of the ways that you can improve your approach to the test; a guide to approaching MCQs (including an analysis of different types of possible questions and techniques for verifying answers); a guide to approaching essay questions; five sample test papers; answers and explanations for all MCQs; sample essays and essay plans. Mastering the LNAT is essential reading for those students wanting to give themselves the best possible chance of securing a place at the University of their Choice.

Law students, laterals, government lawyers, and even senior in-house attorneys often make costly mistakes during interviews. Nail Your Law Job Interview provides tips, examples, and substantive advice on different kinds of job interviews. It is the only comprehensive interview book for lawyers.

Through real-life examples and tips from hundreds of prominent legal professionals, this book reveals successful interview strategies, insider perspectives, and bold moves. Topics include:

[[Unique challenges facing foreign and "involuntary" job applicants.

[[Questions not to ask and answers to avoid.

[[Body language, gap-fillers, and effective interview questions.

[[What to wear, what to bring, and how to do your homework.

[[Lunch interview etiquette.

[[Dealing with inappropriate questions and arrogant interviewers.

[[Tips for working with a headhunter and negotiating an offer.

This collection focuses on the history of legal emblems and the genealogy of law s visual structures. The growing interest in law and the visual has tended to focus in a somewhat lazy fashion upon film and law, rather than addressing the actual history of law s regimes of visual control. But early modern lawyers, civilian and common alike, developed their very own ars iuris or art of law. A variety of legal disciplines always relied in part upon the use of visual representations, upon images and statuary to convey authority and sovereign norm. Military, religious, administrative and legal images found juridical codification and expression in collections of signs of office, in heraldic codes, in genealogical devices, and then finally in the juridical invention in the mid-sixteenth century of the legal emblem book. This book traces the complex lineage of the legal emblem and argues that the mens emblematica of the humanist lawyers was the inauguration of a visiocratic regime that continues in significant part into the present and multiple technologies of vision. Bringing together leading experts on the history of legal emblems to address the critical question of why it was lawyers who authored the "emblemata," and correlatively, what was the relation and role of these visual depictions of norms to the practice and performance of law, this collection provides a ground-breaking account of the long relationship between visibility, meaning and normativity."

This collection focuses on the history of legal emblems and the genealogy of law s visual structures. The growing interest in law and the visual has tended to focus in a somewhat lazy fashion upon film and law, rather than addressing the actual history of law s regimes of visual control. But early modern lawyers, civilian and common alike, developed their very own ars iuris or art of law. A variety of legal disciplines always relied in part upon the use of visual representations, upon images and statuary to convey authority and sovereign norm. Military, religious, administrative and legal images found juridical codification and expression in collections of signs of office, in heraldic codes, in genealogical devices, and then finally in the juridical invention in the mid-sixteenth century of the legal emblem book. This book traces the complex lineage of the legal emblem and argues that the mens emblematica of the humanist lawyers was the inauguration of a visiocratic regime that continues in significant part into the present and multiple technologies of vision. Bringing together leading experts on the history of legal emblems to address the critical question of why it was lawyers who authored the "emblemata," and correlatively, what was the relation and role of these visual depictions of norms to the practice and performance of law, this collection provides a ground-breaking account of the long relationship between visibility, meaning and normativity."

This new book argues that sovereignty, generally defined as the supreme authority in a political community, has a neglected democratic dimension that highlights the expansion of substantive individual rights and freedoms at home and abroad. Offering an historically based assessment of sovereignty that neither reifies the state nor argues sovereignty and the state are eroding under globalizing processes, the book maintains that sovereignty norms have continually changed throughout the history of the sovereign state. Matthew Weinert links international legal developments that restrict and coordinate sovereignty practices with an ethical undercurrent in International Relations, one such example is the creation of the International Criminal Court in 2002. Drawing on seven additional historical case studies, he outlines how campaigns informed by a commitment to the common good, or at the very least by opposition to harmful state policies, can be and have been efficacious in transforming the normative basis of sovereignty. Democratic Sovereignty will be of great interest to students working in the fields of sovereignty, international history, ethics, globalization and international relations.

Very Short Introductions: Brilliant, Sharp, Inspiring Law is at the heart of every society, protecting rights, imposing duties, and establishing a framework for the conduct of almost all social, political, and economic activity. Despite this, the law often seems a highly technical, perplexing mystery, with its antiquated and often impenetrable jargon, obsolete procedures, and endless stream of complex statutes and legislation. In this Very Short Introduction Raymond Wacks introduces the major branches of the law, describing what lawyers do, and how courts operate, and considers the philosophy of law and its pursuit of justice, freedom, and equality. Wacks locates the discipline in our contemporary world, considering the pressures of globalization and digitalisation and the nature of the law in our culture of threatened security and surveillance. In this new edition, Wacks considers a number of social and political events that have had an impact on the law, including the COVID-19 pandemic, surveillance, and the killing of George Floyd and the rise of the Black Lives Matter movement. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Ethics and regulation have been catchwords of the late 1990s, yet relatively little has been written about the ethical discourse and regulation of the legal professions in England and Wales. This book attempts to subject the ethical discourse of the English legal professions to in-depth analysis and sustained critique. Drawing on insights from moral philosophy, social theory, the sociology of the legal profession, public law theories of regulation, and the extensive American literature on lawyers ethics, it argues that, in seeking to provide definitive answers to particular problems of professional conduct, professional legal ethics has failed to deliver an approach which requires lawyers actively to engage with the ethical issues raised by legal practice. Through an analysis of the core issues facing lawyers, the authors locate this failure in the profession's reliance on a liberal and adversarial role morality that conceptualizes the ethical values of human dignity, autonomy and equality in a formalistic and narrowly legalistic manner. The text is a wide-ranging and thought-provoking analysis written for lawyers, ethicists and policy-makers interested in this neglected area of pr

Humanised accounts of restrictions on mobility are rarely the focus of debates on irregular migration. Very little is heard from refugees themselves about why they migrate, their experiences whilst entering the EU or how they navigate reception conditions upon arrival, particularly from a gendered perspective. The Securitization of Migration and Refugee Women fills this gap and explores the journey made by refugee women who have travelled from Somalia to the EU to seek asylum. This book reveals the humanised impact of the securitization of migration, the dominant policy response to irregular migration pursued by governments across the Globe. The Southern EU Member State of Malta finds itself on the frontline of policing and securing Europe's southern external borders against transnational migrants and preventing migrants' on-migration to other Member States within the EU. The securitization of migration has been responsible for restricting access to asylum, diluting rights and entitlements to refugee protection, and punishing those who arrive in the EU without valid passports -a visibly racialised and gendered population. The stories of the refugee women interviewed for this research detail the ways in which refugee protection is being eroded, selectively applied and in some cases specifically designed to exclude. In contrast to the majority of migration literature, which has largely focused on the male experience, this book focuses on the experiences of refugee women and aims to contribute to the volume of work dedicated to analysing borders from the perspective of those who cross them. This research strengthens existing criminological literature and has the potential to offer insights to policy makers around the world. It will be of interest to academics and students interested in International Crime and Justice, Securitisation, Refugee Law and Border Control, as well as the general reader.