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Books > Law > Jurisprudence & general issues > Legal profession > General
A timely and apposite treatise on Papua New Guinea's economic environment, this book explores business organizations law and various aspects of commercial law in Papua New Guinea in a readable and informative style. Business and commerce is the twin engine that propels the economy of a modern nation. They ensure steady economic growth and development. In an age of globalization, they assume even greater importance than at any time in human history. A nation risks being marginalized or left behind in the race for a share of the world economic market unless it ensures the stability of its business and commercial sector. Trade regulation, good governance and democratic institutions go hand in hand in guaranteeing political and social equilibrium. As such the laws designed to facilitate trade and commerce are a vital component of the political and social equation. This is a valuable book for law students, legal practitioners, accountants and business executives, not only within Papua New Guinea, but also in Australia and throughout the South Pacific.
Today's law firm is an entity in flux. Economic and technological disruption - along with a range of other factors - have contributed to this change, meaning that firms are not what they used to be. It is therefore a necessity that the way they are managed also needs to change. This means, among many things, the need to corporatize the running of the firm; a move away from the focus on the billable hour towards more intangible activities such as business development and marketing and - perhaps the most important factor - the development of a new kind of leader within the legal landscape. The new kind of leader now demanded by a transformed legal profession is not readily forthcoming, however. Legal culture stresses individualism and independence, which is reinforced by firm governance, practice management, and performance management systems that are ill-suited to foster supportive and collaborative leadership practices; lawyers are trained and conditioned to be combative, autonomous, and didactic. To position oneself as a contender in a fast-moving and competitive market, the legal leader of the future must push back against these trends by acting strategically, engaging in people management, investing in their employees, and creating a working environment that places emphasis on communication, teamwork, and growth and development. Legal leadership: a handbook for future success combines the latest and most relevant intelligence from those on the frontline of law firm leadership and management, to serve as the catalyst for change and the foundation on which a strong leadership practice can be built. Drawing on their expertise and experience, our authors - ranging from behavioral psychologists to senior management figures and pofessional coaches -present a wide range of competencies and strategies to cultivate as part of a leader's personal and professional development. Whether you are already a member of your firm's senior management, or in a junior position with big aspirations, Legal leadership: a handbook for future success provides the essential tools to equip you to become a leader of the future.
This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law world and analyses a number of issues relevant to lawyers' part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers' interactions with mediation and by examining historical and current trends in lawyers' dalliance with mediation, this book seeks to shed new light on a number of related issues, including: lawyers' resistance to mediation; lawyers' motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general."
Law and the City offers a lateral, critical and often unexpected
description of some of the most important cities in the world,
including Moscow, Istanbul, Berlin, Singapore, Athens, Mexico City,
Toronto, Sydney, Johannesburg: each one from a distinctive legal
perspective. An invaluable 'guide' to adopting a different approach to the
city and its history, culture and everyday experience, Law and the
City is not simply an exploration of the relationship between these
two spheres. It details:
Enlightening and at the same time problematizing the reader, this volume is an innovative collection of truly global dimensions that will prove compelling reading both for specialists and for critical travellers.
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.
Law and the City offers a lateral, critical and often unexpected description of some of the most important cities in the world, including Moscow, Istanbul, Berlin, Singapore, Athens, Mexico City, Toronto, Sydney, Johannesburg: each one from a distinctive legal perspective. An invaluable 'guide' to adopting a different approach to the city and its history, culture and everyday experience, Law and the City is not simply an exploration of the relationship between these two spheres. It details:
Enlightening and at the same time problematizing the reader, this volume is an innovative collection of truly global dimensions that will prove compelling reading both for specialists and for critical travellers.
Contemporary legal reasoning has more in common with fictional discourse than we tend to realize. Through an examination of the U.S. Supreme Court's written output during a recent landmark term, this book exposes many of the parallels between these two special kinds of language use. Focusing on linguistic and rhetorical patterns in the dozens of reasoned opinions issued by the Court between October 2014 and June 2015, the book takes nonlawyer readers on a lively tour of contemporary American legal reasoning and acquaints legal readers with some surprising features of their own thinking and writing habits. It analyzes cases addressing a huge variety of issues, ranging from the rights of drivers stopped by the police to the decision-making processes of the Environmental Protection Agency-as well as the term's best-known case, which recognized a constitutional right to marriage for same-sex as well as different-sex couples. Fiction and the Languages of Law reframes a number of long-running legal debates, identifies other related paradoxes within legal discourse, and traces them all to common sources: judges' and lawyers' habit of alternating unselfconsciously between two different attitudes toward the language they use, and a set of professional biases that tends to prevent scrutiny of that habit.
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.
Flint, Michigan's water crisis, the New Jersey "Bridgegate" scandal, Enron: all these incidents are examples of various forms of leadership failure. More specifically, each represents marked failures among leaders with legal training. When we look closer at one profession from which we often draw our political, business, and organizational leaders—the legal profession—we find a deep chasm between what law schools teach and what the world expects. Legal education ignores leadership, sending the next generation of legally-minded leaders into a dynamic world dangerously unprepared. Dangerous Leaders exposes the risks and results of leaving lawyers unprepared to lead. It provides law schools, law students, and the legal profession with the leadership tools and models to build a better foundation of leadership acumen. Anthony C. Thompson draws from his twenty years of experience in global executive education for Fortune 100 companies and his experience as a law professor to chart a path forward for better leadership instruction within the legal academy. Using vivid, real-life case studies, Thompson explores catastrophic political, business, and legal failures that have occurred precisely because of a lapse in leadership from those with legal training. He maintains that these practices are chronic leadership failures that could have been avoided. In examining these patterns of failures, it becomes apparent that legal education has fundamentally misread its task. Thompson proposes a fundamental rethinking of legal education, based upon intersectional leadership, to prepare lawyers to assume the types of roles that our increasingly fast-paced world requires. Intersectional leadership challenges lawyer leaders to see the world through a different lens and expects a form of inclusion and respect for other perspectives and experiences that will prove critical to maneuvering in a complex environment. Dangerous Leaders imparts invaluable tools and lessons to best equip current and future generations of legal leaders.
First published in 1999, this international collection of essays on legal education addresses the following issues: The Law School and the University. Research into legal education has often been regarded as a marginal activity as compared with research into substantive areas of law. However, recent years have seen a growing interest in discussions about the purpose of the university law school and the ways in which law is taught within it. Are we educating professional lawyers or legal scholars? What do we really mean when we say we want to offer 'a liberal education in the law'? What effect are the current changes in higher education funding and policy having on law schools and what takes place within them? The international group of scholars who have contributed to this collection come from very different jurisdictions, but they have written about topics which, while they have local resonances, are of concern globally. Global Issues, Local Questions addresses matters which concern all law teachers, whatever their field of substantive legal expertise.
For some time criminologists have been occupied by the question of whether crime and crime control differs from country to country and between cultures? This book addresses the issues of crime and social control in the 21st century and is designed to provide a comprehensive account of key issues in comparative. cross-cultural and transnational criminology. It considers the nature of comparative and cross-cultural criminology; presents an examination of crime and social control issues in selected regions or countries; focuses on the analyses of major forms of transnational crime and critically examines social control in a transnational perspective. Transnational and Comparative Criminology provides the most comprehensive analyses available to students and others interested issues surrounding comparative and transnational criminology.
This book demonstrates that law can be newly interrogated when examined through the lens of literature. The book creates simple pathways which energise and illustrate the links between legal theory and legal science and doctrine through the wider visions of history, literature and culture. This broadening approach is integral to understanding law in the context of wider debates and media in the community. The book provides a collection of essays, with additional commentary which reflects upon very recent scholarship and debate on a range of ethico-legal topics; it also illustrates how conventional legal matters may be rendered lively and palatable, as an adjunct to approaching doctrine and cases 'cold' in the conventional textbook manner. The chapters range from examination of current thought on cohabitation and marriage laws (via Jude the Obscure), 19th century medico-legal cases relevant to current narratives of insanity in women and the nature and status of expert evidence generally; assisted suicide and autonomy (via a poem by Jon Stallworthy) to an essay on the nature of race and ethnicity (via a poem by R S Thomas), a discussion of obscenity and moral philosophy (via an essay on Crash by J G Ballard and the philosophy of Bernard Williams) and a history of ideas discussion of positivism, natural law and political crisis, war and terrorism through legal and political theory texts and a poem by Auden. The materials refer to case law where appropriate.
This book provides clear and comprehensive coverage of the policing system and police powers. This second edition has been revised and updated to take account of new legislation, case law and other developments in the area.
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.
Great poker players are master tacticians. Not only do they calculate odds with lightning speed and astonishing precision, but they also cunningly anticipate and manipulate the actions of their adversaries. In short, they boast skills that every lawyer can envy. This highly entertaining work might best be summed up as "better lawyering through poker." Steven Lubet shows exactly how the tactics of the poker table can be adapted to litigation, negotiation, and virtually every aspect of law practice. In a series of engaging and informative lessons, Lubet describes concepts like "betting for value," "slow playing," and "reverse bluffing," and explains how they can be used by lawyers to win their cases. The best card players, like the best lawyers, have a knack for getting their adversaries to react exactly as they want, and that talent separates the winners from the losers. Lawyers' Poker is an irresistible guide to successful lawyering and an enjoyable read for anyone with an interest in law. No poker knowledge required.
The Insurance Act 2015 ('the Act') is the first comprehensive statutory reform of the insurance law of the United Kingdom since the Marine Insurance Act 1906. It introduces thorough and, in some cases, fairly drastic reform of some of the core tenets of UK insurance law, including: the insured's pre-contractual duty to the insurer, and remedies for its breach; the knowledge of the insured and the insurer for the purposes of the pre-contractual duty; the effect of insurance warranties and other terms tending to reduce the risk of loss; fraudulent claims; and damages for failure to pay an insurance claim in a reasonable time. This book is a thorough introduction to the Act. It focuses primarily on the impact of the Act on English law as applied to non-consumer insurance and reinsurance. Of assistance not only to insurance lawyers and members of the judiciary, but also underwriters, claims handlers, brokers and buyers of non-consumer insurance policies, this book covers each of the core changes brought about by the Act. It also analyses the particular ways in which the Act differs from existing law, by reference to the Marine Insurance Act 1906, and cases decided under the old law.
Genocide—the intent to destroy in whole or in part, a group of people. TIME's 42 Most Anticipated Books of Fall 2019 Book Riot's 50 of the Best Books to Read This Fall As seen on CBS This Morning, award-winning attorney Ben Crump exposes a heinous truth in Open Season: Whether with a bullet or a lengthy prison sentence, America is killing black people and justifying it legally. While some deaths make headlines, most are personal tragedies suffered within families and communities. Worse, these killings are done one person at a time, so as not to raise alarm. While it is much more difficult to justify killing many people at once, in dramatic fashion, the result is the same—genocide. Taking on such high-profile cases as George Floyd, Ahmaud Arbery, Breonna Taylor, Trayvon Martin, Michael Brown, and a host of others, Crump witnessed the disparities within the American legal system firsthand and learned it is dangerous to be a black man in America—and that the justice system indeed only protects wealthy white men. In this enlightening and enthralling work, he shows that there is a persistent, prevailing, and destructive mindset regarding colored people that is rooted in our history as a slaveowning nation. This biased attitude has given rise to mass incarceration, voter disenfranchisement, unequal educational opportunities, disparate health care practices, job and housing discrimination, police brutality, and an unequal justice system. And all mask the silent and ongoing systematic killing of people of color. Open Season is more than Crump’s incredible mission to preserve justice, it is a call to action for Americans to begin living up to the promise to protect the rights of its citizens equally and without question.
This is an original empirical and theoretical study of the use of law to secure land tenure in the face of poverty. urban and peri-urban growth and changing social structures. How easy is it to replace customary law with individual land rights?; is this the road to poverty reduction and capitalist development. as de Soto suggested in The Mystery of Capital? The result of a research project commissioned by the UK Department for International Development. this multidisciplinary book offers case studies from Botswana. Trinidad and Zambia. and analyses wider issues. including colonial legacies that create illegality in peri-urban areas; the impact of HIV/AIDS on social structure and inheritance; and land readjustment approaches in customary areas. The book will be of interest to academics and policy-makers in the areas of land law. law and development. geography. development studies. land economy and human rights.
Explaining in clear terms some of the main methodological approaches to legal research, the chapters in this edited collection are written by specialists in their fields, researching in a variety of jurisdictions. Covering a range of topics from Feminist Approaches to Law and Economics, each contributor addresses the topic of 'lay decision makers in the legal system' from their particular methodological perspective, explaining how they would approach the issue and discussing the suitability of their particular method. This focus on one main topic allows the reader to draw comparisons between methods with relative ease. The broad range of contributors makes Research Methods in Law well suited to an international audience, and it is ideal reading for PhD students in law, undergraduate dissertation students in law, LL.M Research students and early year researchers.
First published in 1999, this international collection of essays on legal education addresses the following issues: The Law School and the University. Research into legal education has often been regarded as a marginal activity as compared with research into substantive areas of law. However, recent years have seen a growing interest in discussions about the purpose of the university law school and the ways in which law is taught within it. Are we educating professional lawyers or legal scholars? What do we really mean when we say we want to offer 'a liberal education in the law'? What effect are the current changes in higher education funding and policy having on law schools and what takes place within them? The international group of scholars who have contributed to this collection come from very different jurisdictions, but they have written about topics which, while they have local resonances, are of concern globally. Global Issues, Local Questions addresses matters which concern all law teachers, whatever their field of substantive legal expertise.
Legal skills are an important and increasing part of undergraduate law degrees as well as postgraduate vocational law courses. This fully updated fourth edition continues to bring together the theory and practice of these skills in an accessible and practical context. The authors draw on their experience of teaching and of law in practice to develop the core skills taught on both undergraduate and postgraduate courses. Skills covered include: * written communication; * mediation; * opinion writing; * drafting; * advocacy; * interviewing; * negotiation; * legal research. The text also considers the professional and ethical context of legal practice, provides an insight into the legal services landscape as well as offering valuable careers advice. Diagrams and flow charts help to explain and develop each skill and each chapter ends with suggestions for further reading. A Practical Guide to Lawyering Skills is essential reading for all undergraduate and vocational law students seeking to develop the necessary skills to work successfully with law in the twenty-first century.
The role of the professional support lawyer (PSL) first emerged in the early- to mid-1990s amongst London's Magic Circle, and quickly became essential for mid-size and even smaller firms. However, this golden period for the PSL came to an abrupt end with the global financial crisis and the subsequent recession, which rocked the legal landscape; the greatest shockwaves were inevitably felt by legal support teams, as many firms sought to maintain profitability by shifting their focus to fee-earners and cutting what was quickly perceived as superfluous business functions. The slow but steady recovery of the economy and the consequent pick-up of client demand since then has meant that the importance of PSLs to law firm operations has once again been recognised. However, the legal profession is not the same as it was before the recession; this is reflected in not only the changes in what is expected from fee-earners, but also support staff such as PSLs. Traditionally seen as a backstage position that mainly involved administrative work and the drafting of precedents, the PSL role is rapidly transforming. A PSL cannot only contribute to a firm's competitive edge by providing the traditional technical expertise; it has now become essential to perform tasks ranging from involvement in business development to the provision of training, the capture and dissemination of knowledge, product selection, and project management. This kind of flexibility is a quality that has made the role of the PSL attractive to those seeking an alternative to legal practice; however, it brings its own challenges. With such a wide variety of responsibilities and functions, it can be difficult to find relevant information on what career development might look like, or the skills needed for the progression. Identifying current issues and future challenges, too, is rendered problematic by this versatility. The Evolving Role of the PSL aims to fill this information gap.
There is significant asymmetry of information and knowledge between insurers and insureds in relation to consumer insurance contracts involving home buildings, home contents, motor vehicle cover, travel, personal accident and consumer credit. In some respects, the insured is in a superior position - he or she is aware of the particular circumstances surrounding the subject matter of the insurance contract and any specific risks to which the property is exposed or where liability may be incurred. Conversely, the insurer is in an advantageous position as regards the scope and content of the insurance cover being sought. The insured is aware of the primary features of the transaction (such as the type of cover, the quantum of cover and the premium payable) but is unlikely to have a clear (or any) understanding of subordinate terms such as average clauses, subrogation provisions and the myriad of exclusions, excesses and limitations upon liability.
Bill Coleman's story is one that younger generations should mark and inwardly digest, lest they forget the pioneers who helped to make a better America possible."" From the Foreword by Stephen G. Breyer. William Coleman has spent a lifetime opening doors and breaking down barriers. He has been an eyewitness to history; moreover, he has made history. This is his inspiring story, in his own words. Americans of color faced daunting barriers in the 1940s. Despite graduating first in his class at Harvard Law and clerking for Supreme Court Justice Felix Frankfurter, Coleman was shut out of major East Coast law firms. But as the Philadelphia native writes, ""The times, they were a'changing."" He not only benefited from that change he helped propel it, by way of dogged determination, undeniable intellect, and stellar accomplishment. Coleman's legal work with Thurgood Marshall and the NAACP Legal Defense and Educational Fund helped jumpstart the civil rights movement in the 1950s. He was the first American of color to clerk for the Supreme Court, and later served as senior counsel to the Warren Commission, investigating the assassination of President John F. Kennedy. In 1975 he was appointed secretary of transportation by President Gerald Ford the first American of color to serve in a Republican cabinet and in 1995 he received the Presidential Medal of Freedom from Bill Clinton. At his core, Bill Coleman is a lawyer. He strives to be a ""counsel for the situation"" an advocate able to take on major matters in a variety of legal disciplines while upholding the highest traditions of justice and the public interest. He is fiercely proud of the legal profession's role in a democratic society and free economy, and he is grateful for the opportunities that profession has afforded him in the court room, the board room, and the corridors of power. It is through this prism that he relates his own story his life and the law. The results speak for themselves, and in this immensely entertaining chronicle, the Counsel for the Situation speaks for himself. |
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