In this unique book Lord Woolf recounts his remarkable career and provides a personal and honest perspective on the most important developments in the common law over the last half century. The book opens with a comprehensive description of his family background, which was very influential on his later life, starting with the arrival of his grandparents as Jewish immigrants to England in 1870. His recollections of his early years and family, education and life as a student lead into his early career as a barrister and as a Treasury Devil, moving on to his judicial career and the many roles taken therein. The numerous standout moments examined include his work on access to the judiciary, prison reform, and suggested reforms to the European Court of Human Rights. Fascinating insights into the defining cases of his career, T AG v Jonathan Cape, Gouriet v Union of Post Office Workers, Tameside, Hazel v Hammersmith, M v Home Office, remind the reader of how impactful his influence has been. He considers the setting of the mandatory component of the life sentences of Thompson and Venables and the Diane Blood case. Alongside the case law, and the Woolf Reforms, the Constitutional Law Reform Act 2005 is also explored. Considering the ebb and flow of changes over his remarkable judicial life, Lord Woolf identifies those he welcomes, but also expresses regret on what has been lost. A book to remind lawyers, be they students, practitioners or scholars, of the power and importance of law. All author profits from the book will be donated to the Woolf Institute.

This book is about how the legal profession has been and will be revolutionized by technological change. Katsh examines the nature of the new technologies for communication and provides insights into what the legal future will look like. Throughout, he considers what kinds of law-related interactions are becoming possible in the new electronic era, and how legal interactions (e.g. contracts, copyright) are being changed.

This volume includes chapters from an exciting group of scholars at the cutting edge of their fields to present a multi-disciplinary look at how international law shapes behavior. Contributors present overviews of the progress established fields have made in analyzing questions of interest, as well as speculations on the questions or insights that emerging methods might raise. In some chapters, there is a focus on how a particular method might raise or help answer questions, while others focus on a particular international law topic by drawing from a variety of fields through a multi-method approach to highlight how these fields may come together in a single project. Still others use behavioral insights as a form of critique to highlight the blind spots and related mistakes in more traditional analyses of the law. Throughout this volume, authors present creative, insightful, challenges to traditional international law scholarship.

In Towering Judges: A Comparative Study of Constitutional Judges, Rehan Abeyratne and Iddo Porat lead an exploration of a new topic in comparative constitutional law: towering judges. The volume examines the work of nineteen judges from fourteen jurisdictions, each of whom stood out individually among their fellow judges and had a unique impact on the trajectory of constitutional law. The chapters ask: what makes a towering judge; what are the background conditions that foster or deter the rise of towering judges; are towering judges, on balance, positive or detrimental for constitutional systems; how do towering judges differ from one jurisdiction to another; how do political and historical developments relate to this phenomenon; and how does all of this fit within global constitutionalism? The answers to these questions offer important insight into how these judges were able to shine to an uncommon degree in a profession where individualism is not always looked on favourably.

In the field of socio-legal studies or law and society scholarship, it is rare to find empirically rich and conceptually sophisticated understandings of actual legal practice. This book, in contrast, connects the conceptual and the empirical, the abstract and the concrete, and in doing so shows the law to be an irreducibly social, material and temporal practice. Drawing on cutting-edge work in the social study of knowledge, it grapples with conceptual and methodological questions central to the field: how and where judgment empirically takes place; how and where facts are made; and how researchers might study these local and concrete ways of judging and knowing. Drawing on an ethnographic study of how narratives and documents, particularly case files, operate within legal practices, this book's unique and innovative approach consists of rearticulating the traditional boundaries separating judgment from knowledge, urging us to rethink the way truths are made within law.

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.

This book introduces and explores the concept of multilingual law. Providing an overview as to what is 'multilingual law', the study establishes a new discourse based on this concept, which has hitherto lacked recognition for reasons of complexity and multidisciplinarity. The need for such a discourse now exists and is becoming urgent in view of the progress being made towards European integration and the legal and factual foundation for it in multilingualism and multilingual legislation. Covering different types of multilingual legal orders and their distinguishing features, as well as the basic structure of legal systems, the author studies policy formation, drafting, translation, revision, terminology and computer tools in connection with the legislative and judicial processes. Bringing together a range of diverse legal and linguistic ideas under one roof, this book is of importance to legal-linguists, drafters and translators, as well as students and scholars of legal linguistics, legal translation and revision.

Using detailed case studies of the relevant US states, Herbert Kritzer provides an unprecedented examination of the process and politics of how states select and retain judges. The book is organized around the competing goals of politics and professionalism, namely whether the focus in choosing judges should be on future judicial decisions (court outputs) or on the court processes by which those decisions are reached. Or, in considering who should be a judge, whether the emphasis should be on political credentials or on professional credentials. One important finding is that political concerns have surpassed professionalism concerns since 2000. Another is that voters have been more supportive of professionalism in selecting appellate judges than trial judges. Judicial Selection in the States should be read by anyone seeking a deep understanding of the complex interplay between politics and the judiciary at the state level in the United States.

Using detailed case studies of the relevant US states, Herbert Kritzer provides an unprecedented examination of the process and politics of how states select and retain judges. The book is organized around the competing goals of politics and professionalism, namely whether the focus in choosing judges should be on future judicial decisions (court outputs) or on the court processes by which those decisions are reached. Or, in considering who should be a judge, whether the emphasis should be on political credentials or on professional credentials. One important finding is that political concerns have surpassed professionalism concerns since 2000. Another is that voters have been more supportive of professionalism in selecting appellate judges than trial judges. Judicial Selection in the States should be read by anyone seeking a deep understanding of the complex interplay between politics and the judiciary at the state level in the United States.

With his colleagues at the People's Law Office (PLO), Taylor has argued landmark civil rights cases that have exposed corruption and cover-ups within the Chicago Police Department (CPD) and throughout the city's corrupt political machine. The Torture Machine takes the reader from the 1969 murders of Black Panther Party chairman Fred Hampton and Panther Mark Clark-and the historic, thirteen-years of litigation that followed-through the dogged pursuit of commander Jon Burge, the leader of a torture ring within the CPD that used barbaric methods, including electric shock, to elicit false confessions from suspects. Joining forces with community activists, torture survivors and their families, other lawyers, and local reporters, Taylor and the PLO gathered evidence from multiple cases to bring suit against the CPD officers and the City of Chicago. As the struggle expanded beyond the torture scandal to the ultimately successful campaign to end the death penalty in Illinois, and obtained reparations for many of the torture survivors, it set human rights precedents that have since been adopted across the United States.

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.

In his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration. He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people's legal entitlements and to confer evenhanded legal justice. Judges try to achieve the control of reason in law, which is manifest in law's coherence, and to avoid forms of arbitrariness, such as personal moral judgment. Sargentich offers a unified theory of the diverse ways of doing law, and shows that they all arise from the same root, which is a commitment to liberal legality.

Outside the United States, Norway's 1814 constitution is the oldest still in force. Constitutional judicial review has been a part of Norwegian court decision-making for most of these 200 years. Since the 1990s, Norway has also exercised review under the European Convention of Human Rights (ECHR). Judicial review of legislation can be controversial: having unelected judges overruling popularly elected majorities seems undemocratic. Yet Norway remains one of the most democratic countries in the world. How does Norway manage the balance between democracy and judicial oversight? Author Anine Kierulf tells the story of Norwegian constitutionalism from 1814 until today through the lens of judicial review debates and cases. This study adds important insights into the social and political justifications for an active judicial review component in a constitutional democracy. Anine Kierulf argues that the Norwegian model of judicial review provides a useful perspective on the dichotomy of American and European constitutionalism.

Law is best interpreted in the context of the traditions and cultures that have shaped its development, implementation, and acceptance. However, these can never be assessed truly objectively: individual interpreters of legal theory need to reflect on how their own experiences create the framework within which they understand legal concepts. Theory is not separate from practice, but one kind of practice. It is rooted in the world, even if it is not grounded by it. In this highly original volume, Allan C. Hutchinson takes up the challenge of self-reflection about how his upbringing, education, and scholarship contributed to his legal insights and analysis. Through this honest examination of key episodes in his own life and work, Hutchinson produces unique interpretations of fundamental legal concepts. This book is required reading for every lawyer or legal scholar who wants to analyse critically where he or she stands when they practice and study law.

Hardly known twenty years ago, exclusion from public space has today become a standard tool of state intervention. Every year, tens of thousands of homeless individuals, drug addicts, teenagers, protesters and others are banned from parts of public space. The rise of exclusion measures is characteristic of two broader developments that have profoundly transformed public space in recent years: the privatisation of public space, and its increased control in the 'security society'. Despite the fundamental problems it raises, exclusion from public space has received hardly any attention from legal scholars. This book addresses this gap and comprehensively explores the implications that this new form of intervention has for the constitutional essentials of liberal democracy: the rule of law, fundamental rights, and democracy. To do so, it analyses legal developments in three liberal democracies that have been at the forefront of promoting exclusion measures: the United Kingdom, the United States, and Switzerland.

The Association of Southeast Asian Nations (ASEAN) is actively seeking ways for member countries to enhance their individual economic development within the context of overall regional advancement. Central to this is the creation of a regional intellectual property framework. This book examines the efforts to move beyond sovereign protections of intellectual property rights and establish meaningful inter-state cooperation on intellectual property issues. Rather than aim for IP harmonization, ASEAN recognizes its internal diversity and pursues an agenda of 'IP Interoperability'. The essays in this collection examine the unique dynamics of 'interoperability', analyzing the administration of intellectual property in a part of the world that is of increasing importance. The book enables the reader to compare and contrast the ASEAN model to other approaches in regional cooperation, such as Europe and Latin America, and also explores private international law as a potential vehicle for interoperability.

This book provides the first comprehensive analysis of globalization's impact on the Brazilian legal profession. Employing original data from nine empirical studies, the book details how Brazil's need to restructure its economy and manage its global relationships contributed to the emergence of a new 'corporate legal sector' - a sector marked by increasingly large and sophisticated law firms and in-house legal departments. This corporate legal sector in turn helped to reshape other parts of the Brazilian legal profession, including legal education, pro bono practices, the regulation of legal services, and the state's legal capacity in international economic law. The book, the second in a series on Globalization, Lawyers, and Emerging Economies, will be of interest to academics, lawyers, and policymakers concerned with the role that a rapidly globalizing legal profession is playing in the development of key emerging economies, and how these countries are integrating into the global market for legal services.

International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.

**PAPERBACK FEATURES NEW CONTENT. NOW WITH AFTERWORD AND READING GROUP QUESTIONS** 'A compelling and courageous memoir forcing the legal profession to confront uncomfortable truths about race and class. Alexandra Wilson is a bold and vital voice. This is a book that urgently needs to be read by everyone inside, and outside, the justice system.' THE SECRET BARRISTER 'A riveting book in the best tradition of courtroom dramas but from the fresh perspective of a young female mixed-race barrister. That Alexandra is "often" mistaken for the defendant shows how important her presence at the bar really is.' MATT RUDD, THE SUNDAY TIMES MAGAZINE Alexandra Wilson was a teenager when her dear family friend Ayo was stabbed on his way home from football. Ayo's death changed Alexandra. She felt compelled to enter the legal profession in search of answers. As a junior criminal and family law barrister, Alexandra finds herself navigating a world and a set of rules designed by a privileged few. A world in which fellow barristers sigh with relief when a racist judge retires: 'I've got a black kid today and he would have had no hope'. In her debut book, In Black and White, Alexandra re-creates the tense courtroom scenes, the heart-breaking meetings with teenage clients, and the moments of frustration and triumph that make up a young barrister's life. Alexandra shows us how it feels to defend someone who hates the colour of your skin, or someone you suspect is guilty. We see what it is like for children coerced into county line drug deals and the damage that can be caused when we criminalise teenagers. Alexandra's account of what she has witnessed as a young mixed-race barrister is in equal parts shocking, compelling, confounding and powerful. 'An inspirational, clear-eyed account of life as a junior barrister is made all the more exceptional by the determination, passion, humanity and drive of the author. Anyone interested in seeing how the law really works should read it.' SARAH LANGFORD 'This is the story of a young woman who overcame all the obstacles a very old profession could throw at her, and she survived, with her integrity intact.' BENJAMIN ZEPHANIAH 'Wilson offers a role model for those who still think the law is for other people, and shows the way for English courts to become ever less Dickensian.' DAVID COWAN, TIMES LITERARY SUPPLEMENT

Lawyers' Skills helps students develop the legal skills required for successful practice in the modern solicitor's firm. The book equips students with a solid understanding of the theory and concepts underpinning the key skills areas of legal writing and drafting, interviewing and advising, practical legal research, and advocacy. Guidance is also provided on a range of other professional skills which should be mastered before going into practice, including effective time management, negotiation, and email etiquette. The inclusion of realistic examples from practice, tasks, and reflective exercises emphasizes the interactive nature of skills as a subject and encourages students to develop, practise, and refine their legal skills. Chapter summaries, diagrams, and self-test questions are also featured throughout and provide additional learning support to students. The text is essential reading for all LPC students and is also a useful source of reference for newly-qualified practitioners. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - Access to a digital version of this book comes with every purchase to enable a more flexible learning experience - 12 month's access to this title on Oxford Learning Link will be available from 15 July 2022. Access must be redeemed by 1 August 2024. - The online resources for students include a selection of realistic sample documentation designed to highlight legal writing and drafting in action across a range of legal documents, and references to further reading for those wishing to delve deeper into the subject area. - For lecturers a test bank of multiple choice questions is available to registered adopters and can be used to assess students' understanding of topics covered in the book.

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.

The field of artificial intelligence (AI) and the law is on the cusp of a revolution that began with text analytic programs like IBM's Watson and Debater and the open-source information management architectures on which they are based. Today, new legal applications are beginning to appear and this book - designed to explain computational processes to non-programmers - describes how they will change the practice of law, specifically by connecting computational models of legal reasoning directly with legal text, generating arguments for and against particular outcomes, predicting outcomes and explaining these predictions with reasons that legal professionals will be able to evaluate for themselves. These legal applications will support conceptual legal information retrieval and allow cognitive computing, enabling a collaboration between humans and computers in which each does what it can do best. Anyone interested in how AI is changing the practice of law should read this illuminating work.