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Books > Law > Jurisprudence & general issues > Legal profession > General
- Unique, practical text that gives step-by-step guidance in a growing area of legal practice - Supported by real-life examples, study questions, and multiple choice questions online. - Author is a practising attorney specialising in bankruptcy law, as well as an experience lecturer at a range of US institutions.
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.
Judicial errors, deliberate or otherwise, often cause damage to litigants. Sometimes the damage suffered by the litigant is irreversible. In England and many other common law countries the injured person will normally have no redress because of the privilege of immunity from suit enjoyed by judges. This result also normally follows when the complaint is against the actions of someone acting in a quasi-judicial capacity. The situation then raises a number of questions, including questions about civil rights, the redress of wrongs, and the whole foundation of judicial independence. As more people resort to the courts and other judicial tribunals for the resolution of their disputes the question of the proper approach to injurious judicial errors becomes more important, especially since every participant in judicial proceedings is a potential victim. This book presents an in-depth study of the substantive, procedural and theoretical issues that arise when a judge is to be sued. The material is drawn mainly from English and American Federal case law. The study however also incorporates some Canadian, Australian, and New Zealand case law.
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.
First published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.
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.
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.
Law firms have evolved exponentially over the last few decades, and today it requires far more than legal skills for firms to operate efficiently, fulfil client demands, give back to their communities and, ultimately, succeed. As a result, specialist roles beyond fee-earning have been created and more continue to emerge as technology advances and competition intensifies. They are a crucial part of future-proofing law firms and there is growing recognition of the respect and value they deserve with increasing numbers gaining positions in senior management. These roles range from working with legal tech to bringing in new business, from managing the firm's risk and compliance function to collaborating with clients to develop new products. For a lawyer looking to take the next steps in their career, or a law firm wanting to implement the career paths required for future success, it can be difficult to know where to begin. The Rise of Specialist Career Paths in Law Firms is the essential guide to the plethora of career opportunities available in law firms. It covers more established roles such as the professional support lawyer and pro bono professional, and new, emerging career paths, including in innovation and legal operations, as well as roles that will become available in the future. Written by experts with lived experience performing these roles, chapters provide information and insights into the different opportunities available, the skills needed to thrive in these positions, the responsibilities they entail and how to build careers in these spaces. With increasing client demands and the 'talent war' raging, this title will demonstrate how implementing these specialist career paths will enable law firms to continue to provide stellar client service and develop and retain top legal talent, who are increasingly looking for more tailored and flexible career options. It will also provide individual lawyers with the resource to identify and pursue the career that suits them best, allowing them to thrive to the benefit of both the individuals and their firms.
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.
Law firm practice group leadership is not for the faint hearted. As firms compete increasingly at practice group level, leaders are being asked to run their groups like business units; to develop and implement a strategic plan that supports the goals and competitiveness of the firm; and to coordinate and lead their partners to enhance the efficiency, performance, and profitability of their groups. Many firm leaders complain that some of their group heads are not producing the results they want to see. But how many practice group leaders receive the tools and support they need to succeed in this critical role? How many are selected for demonstrable leadership skills? And how often are they held accountable for how well - or otherwise - they perform in the role? With contributions from a wide range of experts, this second edition of Effective Practice Group Leadership explores these key questions and more, building on the first edition with new insights and thought leadership. The book examines the position of the practice group leader (PGL) in law firms today, the challenges of the role, and the changes to it, innovations and how modern practice groups are changing, and demonstrates the enormous contribution PGLs can make to the profitability and performance of their law firms, when armed with the tools and the authority.
Mental Health Professionals, Minorities, and the Poorprovides mental health professionals with informationessential to the accurate assessment and effectivetreatment of diver populations.
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.
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.
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."
"In-house practice is a growing area and the In-house Lawyers' Toolkit is the only precedent and toolkit resource available which is exclusively devoted to the requirements of this important sector. This unique toolkit provides an accessible, relevant resource for both new and experienced in-house practitioners to work from, adapt, and to act as a catalyst for their thinking to provide timely, high quality and cost-effective advice to their organisation. In particular, it will lead the practitioner through the processes of managing an in-house function, including: The development of a strategy for legal services in your organisation How to decide what legal services to buy, and from where Appointing, reviewing, managing and ending Panel relationships Working with alternative legal sourcing providers Managing the in-house team, and Leveraging and demonstrating value. The book is accompanied by a CD-ROM which contains valuable and time-saving precedents allowing the reader to identify and implement best practice in their own in-house environment, and to develop and adapt systems and processes as appropriate. "
It has never been more important for law firms to plan for the future. A highly competitive market, an aging profession, the changing ambitions of younger generations, many of whom place greater importance on work-life balance than reaching top leadership levels, and a long-held reluctance to discuss retirement and succession, all combine to create what some are calling a succession crisis. It is time to face the issue head-on and start putting systems in place to ensure the long-term success and health of lawyers and their firms: succession planning is the answer to this. A successful succession encompasses two core elements: transitioning firm management to a new generation, and transferring client relationships. This title provides guidance not only on how these two transitions can be achieved effectively, from the perspectives of both individual partners and the firm, but also on the plethora of issues involved in preparing for the departure of retiring partners and transitioning in new leadership, including compensation, the role of diversity and inclusion and financial considerations. It also considers situations where more specific and specialised plans may be required, such as managing the succession of a rainmaker or a founding partner. A strong and effective succession plan ensures that clients are retained over the long-term, retiring partners leave optimistic and satisfied, future leaders are in place and prepared for their roles, and the firm continues to grow and flourish. The shift to a more remote work environment has also made the institutionalising of processes such as succession planning even more important. By providing a thorough understanding of its many elements, this title explains how effective succession planning can be implemented and ensure smooth leadership and client transitions, securing and enhancing the current and future success of partners and their firms.
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.
In the last thirty years, the number of lawyers in the United
States and Canada has more than tripled, and today as many women as
men are entering legal practice. The sudden, dramatic increase of
women in the profession would seem to signify a new era of equality
in the legal profession. However, stereotypes about women's
abilities to balance responsibilities at work and home hamper their
upward mobility in this male-dominated field. Battling sexual
discrimination, women in law grapple with long-held assumptions
about parenting, inferring that women eventually abandon their
careers in order to take care of home and children. A large
percentage of women leave the profession dissatisfied and
distressed or seek part-time solutions, and those women who do stay
in practice often find there is a ceiling on their status and
monetary compensation.
Succeed in your course and prepare for your paralegal career with ESSENTIALS OF CONTRACT LAW, Second Edition. Presenting the law of contracts in an understandable and organized manner, the book's effective "road map" approach to contracts helps you master the details of contract formation, determining the applicable law, unenforceable contracts and breach of contract. In addition, the author separately addresses the impact of Article 2 of the UCC, federal preemption, and the UN's Convention on the International Sale of Goods (CISG). Cutting through excess verbiage and outdated doctrine, the book develops each rule of law by presenting theory, illustrating it with an example, and providing a "problem" to give you hands-on practice.
- A resource suitable for both existing legal professionals and students interested in gaining an advantage ahead of practising. - Language level benchmarked against CFER (Common European Framework of Reference) means the book can be used by tutors throughout Europe. - Addresses soft language skills not met in competing titles - Features a companion website with listening exercises and, if the book is used in the classroom, teaching notes. - Authors are experienced teachers and also former legal professionals.
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.
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
An account of a fundamental change in American legal thought, from a conception of law as something found in nature to one in which law is entirely a human creation. Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer's toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal system, lawyers began thinking of judges as makers of the law instead. In The Decline of Natural Law, the eminent legal historian Stuart Banner explores the causes and consequences of this change. To do this, Banner discusses the ways in which lawyers used natural law and why the concept seemed reasonable to them. He further examines several long-term trends in legal thought that weakened the position of natural law, including the use of written constitutions, the gradual separation of the spheres of law and religion, the rapid growth of legal publishing, and the position of natural law in some of the 19th century's most contested legal issues. And finally, he describes both the profession's rejection of natural law in the late 19th and early 20th centuries and the ways in which the legal system responded to the absence of natural law. The first book to explain how natural law once worked in the American legal system, The Decline of Natural Law offers a unique look into how and why this major shift in legal thought happened, and focuses, in particular, on the shift from the idea that law is something we find to something we make.
We all know that law is a people business. Clients buy from lawyers whom they like, respect, and trust, and they judge those lawyers and their firms on the quality of service that the firm provides, the results achieved, and whether they receive value for money. This applies to corporate, institutional, and private clients alike. For their business plans to be connected to reality, partners and law firm leaders must learn how they are perceived by their clients and adapt accordingly. They do this by listening to their clients. Historically this was through informal, fireside chats. In recent years, many firms have devised formal client listening programs and in recent years there has been an explosion of review sites and social media channels enabling clients to leave their unfiltered and public feedback, whether solicited or not. Forward-looking firms are adopting multi-channel approaches to taking feedback to maximize the intelligence they gather and to adapt to clients' own preferences. As ever, the most nimble and adaptable will reap the rewards. The Client Experience: How to Optimize Client Service and Deliver Value looks at the client experience from end-to-end, from client listening programs to journey mapping, from customer audits to how legal tech can help improve the way a client interacts with a law firm throughout its relationship. A client-centric business model is essential for future law firm success and the authors of this far-reaching title utilize their own experience and real-life case studies to drill down into the importance of maintaining the one thing no business can do without: its client.
Delegitimation has become the new battleground for Israel and the critics of Israeli military operations. But the Israeli experience reveals a more general engagement where all states act strategically to build legitimacy for their policies and all resist attempts at delegitimation. To understand these processes it is necessary to see how politicized moral and legal judgments shape both the use of force by states and our judgments about the means and the outcomes. This is a book about legitimacy, military lawyers, and security. More particularly, it is about how the legitimacy of Israel's asymmetric military operations cannot be detached from the politics of law and ethics. Sometimes it is enough that states respect the laws of armed conflict, but at other times they may be held to a higher standard. This does not happen in a vacuum. Rather it is the product of political engagement in the murky politics of international legitimacy where standards are negotiable and some states get a harder time than others. There is a strong theoretical analysis underpinning a discussion that constantly returns to the practical problems of modern armed conflict where combatants hide among civilians and states complain about the unrealistic expectations of human rights NGOs. Here, the law is unclear and there are choices to be made. The book presents new research into the involvement of Israeli military lawyers in operational targeting decision making that has life and death consequences. The case studies concern targeted killing during the Second Intifada, Israel's 2006 Lebanon War, the 2009 Operation Cast Lead in Gaza and, finally, the 2010 Israeli maritime interception of the 'Turkish Flotilla' to Gaza. The investigation identifies a struggle between the proponents of human rights in war and those who promote the rights of states to deploy military force for the security of their citizens. But not all parties to a military conflict are held to the same standards. In fact, the analysis maps a complex political deployment of law and ethics in the strategic calculation of legitimacy costs and the diplomatic processes whereby they are contested, with policy implications for those in charge of the design and execution of military operations. |
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