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Books > Law > Jurisprudence & general issues > Legal profession > General
Examines the outsized influence of jurors on prosecutorial discretion Thanks to television and popular media, the jury is deeply embedded in the American public's imagination of the legal system. For the country's federal prosecutors, however, jurors have become an increasingly rare sight. Today, in fact, less than 2% of their cases will proceed to an actual jury trial. And yet, when federal prosecutors describe their jobs and what the profession means to them, the jury is a central theme. Anna Offit's The Imagined Juror examines the counterintuitive importance of jurors in federal prosecutors' work at a moment when jury trials are statistically in decline. Drawing on extensive field research among federal prosecutors, the book represents "the first ethnographic study of US attorneys," according to legal scholar Annelise Riles. It describes a world of legal practice in which jurors are frequently summoned-as make-believe audiences for proposed arguments, hypothetical evaluators of evidence, and invented decision-makers who would work together to reach a verdict. Even the question of moving forward with a prosecution often hinges on how federal prosecutors assume a jury will react to elements of the case-an exercise where the perspectives of the public are imagined and incorporated into every stage of trial preparation. Based on these findings, Offit argues that the decreasing number of jury trials at the federal level has not eliminated the influence of the jury but altered it. As imaginary figures, jurors continue to play an important and understudied role in shaping the work and professional identities of federal prosecutors. At the same time, imaginary jurors are not real jurors, and prosecutors at times caricature the public by leaning on stereotypes or preconceived and simplistic ideas about how laypeople think. Imagined jurors, it turns out, are a critical, if flawed, resource for introducing lay perspective into the legal process. As Offit shows, recentering laypeople and achieving the democratic promise of our legal system will require renewed commitment to the jury trial and juries that reflect the diversity of the American public.
What is it like working as a barrister in the 21st century? The independent Bar has transformed in the last 30 years into a commercialised, enterprising profession. Based on interviews with and observation of barristers and chambers' staff, this book identifies key changes that have taken place at the Bar and how these are reshaping and reformulating barristers' professionalism and working culture. This is the first empirical overview of the depth, scope and effects of multiple reforms that have been imposed on the profession. It explores how this once unified profession has fragmented, as the lived experiences of barristers in different practice areas have diverged. Highly specialised sets of chambers now operate like businesses, whilst others, who are dependent on legal aid funding, struggle to survive. This book offers a unique examination of different sites of change: how the chambers model has evolved, how entrepreneurial barristers market themselves, how aspirant law students prepare to enter the profession and how regulatory and procedural reforms have imposed managerial constraints on practitioners. The conclusion considers what the far-reaching changes mean for the prospects of the Bar in England and Wales.
A frank and witty memoir of life at the Bar and on the Bench, from former High Court Judge The Hon. Sir Harry Ognall. For many years, Harry Ognall enjoyed a formidable reputation as an advocate at the criminal Bar. As counsel, and later as judge, he was involved in numerous high-profile trials, both in Britain and abroad. Among many cases as a QC, he prosecuted Peter Sutcliffe, the so-called 'Yorkshire Ripper'. He successfully defended six officers of the Air Force of Zimbabwe at their trial in Harare, where they faced a charge of treasonable sabotage. As a judge, he presided over the trial of Colin Stagg (the alleged 'Wimbledon Common murderer'), the trial arising from the Lyme Bay canoe tragedy and the trial for the first time in the United Kingdom of a doctor's alleged involvement in euthanasia. Thoughtful and provocative, Sir Harry has advice for the aspiring young advocate, and invests this penetrating memoir with warmth, humour and understanding. His frank portrait of a lifetime in the criminal law offers unique perspectives on some of the most notorious cases of the twentieth century, as well as fascinating insights into a colourful professional life and the burdens and responsibilities that come with the privilege of high judicial office.
Technologies such as synthetic biology, nanotechnology, artificial intelligence, and geoengineering promise to address many of our most serious problems, yet they also bring environmental and health-related risks and uncertainties. Moreover, they can come to dominate global production systems and markets with very little public input or awareness. Existing governance institutions and processes do not adequately address the risks of new technologies, nor do they give much consideration to the concerns of persons affected by them. Instead of treating technology, health, and the environment as discrete issues, Albert C. Lin argues that laws must acknowledge their fundamental relationship, anticipating both future technological developments and their potential adverse effects. Laws should encourage international cooperation and the development of common global standards, while allowing for flexibility and reassessment.
Blackstone's Police Manuals 2019, endorsed by the College of Policing, are the only official study guides for the NPPF Step Two Legal Examination (formerly OSPRE (R) Part I).Straightforward and accessible, Blackstone's Police Manuals are the only resource used by question writers when preparing a NPPF Step Two Legal Examination and each of the four volumes forms part of the only comprehensive version of the 2019 syllabus. Blackstone's Police Manual Volume 4: General Police Duties 2019 covers areas including Terrorism and Associated Offences, Complaints and Misconduct, Weapons, and Public Disorder, as well as PACE Codes A, B, and G. For complex or commonly misunderstood areas, there are handy Keynote boxes, which point to relevant case law or provide an example of how material is used in a practical sense, helping you to establish the connections between legislation and police procedure. The 2019 edition has been updated to incorporate all recent legislative developments and case law, including coverage of the Policing and Crime Act 2017 and its wide-ranging effects, as well as the Data Protection Act 2018 and updates from the Investigatory Powers Act 2016, among others. Also available in the series are: Volume 1: Crime 2019, Volume 2: Evidence and Procedure 2019, and Volume 3: Road Policing 2019. Blackstone's Police Manuals are also available as part of our online Blackstone's Police Manuals and Q&As service: http://www.blackstonespoliceservice.com
Despite the growing number ofAsian American and Latino/a law students, many panethnic students still feel as if they do not belong in this elite microcosm, which reflects the racial inequalities in mainstream American society. While in law school, these students-often from immigrant families, and often the first to go to college-have to fight against racialized and gendered stereotypes. In Incidental Racialization, Diana Pan rigorously explores how systemic inequalities are produced and sustained in law schools. Through interviews with more than 100 law students and participant observations at two law schools, Pan examines how racialization happens alongside professional socialization. She investigates how panethnic students negotiate their identities, race, and gender in an institutional context. She also considers how their lived experiences factor into their student organization association choices and career paths. Incidental Racialization sheds light on how race operates in a law school setting for both students of color and in the minds of white students. It also provides broader insights regarding racial inequalities in society in general.
Researching ballot measures can be one of the most daunting types of legal research. Exploring Initiative and Referendum Law: Selected State Research Guides offers legal researchers an easy-to-use guide that provides thorough overviews of I&R (initiative and referendum) laws within twenty-three states. This unique resource provides state-specific guidance about both forms of I&R law, those state laws permitting I&R, and those state laws enacted as a result of the I&R process. Any legal researcher beginning a project or needing to know just where to go for the right resources will get helpful general and specific information on practical research strategies and resources. Up to now, finding the literature to research the state-specific history of a law passed by initiative or referendum has been extremely difficult. This book fills this gap by providing top researchers with brief overviews of the individual state processes while providing important primary and secondary sources, including Web sites. The guide's chapters are separated alphabetically by state for fast and easy reference. Annotated bibliographies of books, articles, and Web sites are provided, along with instructions about what documents one can expect to find on the Web, and how to use free databases. Because of this useful volume's unique focus, the book may well become an essential resource for law librarians, attorneys, law faculty, law students, and Political Science scholars. This book was published as a special issue of Legal Reference Services Quarterly.
This fourteenth edition of Law Made Simple marks the fiftieth year of the publication for one of the best-selling UK Law books. It is the perfect introduction to the English Legal System, and combines an overview of both the legislation and case law relating to all the foundation subjects, including Contract, Torts, Land, Trusts, Criminal, Public and EU. Fully updated, this book acts as a clear and concise guide for students studying law at any level, and takes into account developments across the curriculum. It is suitable for students studying law at A-Level, or as an excellent background for students thinking of embarking on the study of law or related course at degree level.
An easy to use guide to the Companies Act 2006 and packed full of helpful features, this book provides detailed commentary on the new Companies Act. Offering a chapter by chapter analysis of the legal and practical implications of the Act, the author traces the background to the act, considering the various Consultation Documents and White Papers issued by the Government, the proposals for company law reform and their culmination in the Company Law Reform Act. It contains:
This is an invaluable and handy resource for undergraduate students and practitioners studying or working in business and company law.
Written by three experienced lawyers, this book will help you understand the types of problems facing law students and lawyers. Not only will it prepare you for law school, but it will also help you become a successful lawyer. So You Want to Be a Lawyer takes you through the process of becoming a lawyer, examining each phase in a helpful and easy-to-understand narrative. Find out what practicing law is like before you step into your first law school class. Practice solving legal problems as law students would in law school and lawyers might in an actual courtroom. Find out how to get into law school. And there's much more: Advice on how to select a law school, along with names and addresses of American Bar Association (ABA)-approved law schools An explanation of the law school admissions process, and ways to improve your chances for getting in Practical exercises and advice that will give you a head start over other first-year law students Information about career opportunities as a lawyer If you are heading to law school or just thinking about a career in law, this is accessible, worthwhile reading
Law for Non-Law Students is written in a clear and readable style and aims to make the law understandable for readers at undergraduate or comparable level. It explains the practical influences under which the law has been formed,so that the student will be better able to understand why the law has developed in the way that it has. It gives lots of straightforward examples as to how the law works in practice and aims to equip students with the ability to appraise the effectiveness of the law in a particular circumstance rather than simply providing a list of rules for the student to regurgitate at exam time. The facts of the more important cases are given in some detail to enable the student to appreciate the range of factors which the court may have taken into account in reaching its decision. The new edition has been updated to take account of all recent developments, both in relation to statute and to case law. Certain chapters, particularly in the area of sale of goods, have been substantially rewritten and expanded in an attempt to give more detail, while at the same time remaining student-friendly. New chapters on Agency and Negligence have been added. brThis new edition should be suitable for most courses which have a law element.
Edwin Cameron’s gripping and revealing new book is part memoir and part ode to the law. The book opens at the funeral of Cameron’s sister Laura when he was just seven. His father was accompanied by prison officials, having been briefly let out of prison for the occasion. This was the young Cameron’s first exposure to the law... In Justice, Cameron explains and defends the role of the law in South Africa’s continuing transition. He draws on his own life experience – of poverty, of a youth spent in a children’s home, of his differentness and of stigma – to illustrate the power and the limitations of the law. Cameron argues his case – that the Constitution offers South Africans our best chance for a just society – with personal passion, but also with the insights gained from hard years of judicial experience. Published in the run-on to the national election, Justice comes at a critical time in our country.
How attorneys' work is de-professionalized, downgraded, and controlled through part-time and temporary assignments
Winner, 2019 Global Legal Skills Book Award, given by the Global Legal Skills Conference An essential handbook for international lawyers and students Focusing on vocabulary, Essential Legal English in Context introduces the US legal system and its terminology. Designed especially for foreign-trained lawyers and students whose first language is not English, the book is a must-read for those who want to expand their US legal vocabulary and basic understanding of US government. Ross uses a unique approach by selecting legal terms that arise solely within the context of the levels and branches of US government, including terminology related to current political issues such as partisanship. Inspired by her students' questions over her years of teaching, she includes a vast collection of legal vocabulary, concepts, idioms, and phrasal verbs and unpacks concepts embedded in US case law, such as how the US constitutional separation of powers may affect a court's interpretation of the law. The handbook differentiates basic terms in civil and criminal cases and compares terms that may seem similar because of close spellings but in fact have different meanings. For instance, what is the distinction between "taking the stand" and "taking a stand?" What is the difference between "treaties" and "treatises"? Featuring illustrations and hands-on exercises, Essential Legal English in Context is a valuable self-study resource for those who want to improve their legal English terminology before entering a US law school, studying US law or government, or working as a seconded attorney to a US law firm. Instructors can use the handbook in an introductory US legal English course.
During the last thirty years, the judiciary has undergone an unprecedented expansion in its size and power. Judges now have more influence over our private and public lives than ever before. The effect of this change has been to transform the judiciary from an inward-looking elite into an increasingly heterogeneous professional body. 'The New Judiciary' examines the developments which have taken place in the appointment, training and scrutiny of judges as a result of the expanding judicial role. It highlights the increasing tension between the requirements of judicial independence and accountability which these changes are producing. The traditional insulation of the judiciary from all external influences is being challenged by the need for greater openness and public scrutiny of the judicial process. The passing of the Human Rights Act 1998, incorporating the European Convention on Human Rights into domestic law represents another stage in this process by expanding the policy-making role of the senior judiciary still further. As a result, the continuing modernisation of the judiciary, which is the subject of this book, will be a increasingly important feature of the legal and political process in the years ahead.
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.
Lawyers occupy a unique place in society. They are loved by some, distrusted or hated by others. More often than not, our perception of lawyers is shaped by the way the profession is portrayed in popular literature, on television, and in film. Many people think that lawyers only serve to help the wealthy, while others view them either as protectors of the innocent or as amoral defenders of the guilty. But do we really know the many roles that lawyers may play, the aims and goals of the profession, and whether lawyers meet those goals? Why Good Lawyers Matter endeavours to provide an accessible look at lawyers in modern society. With contributions by leading commentators, this informative, thought-provoking collection contends with the questions of what is a lawyer, and what role lawyers do--and should--play in society.
How attorneys' work is deprofessionalized, downgraded, and controlled through part-time and temporary assignments
The importance of ethical behaviour and professional responsibility has long been something lawyers have insisted is a hallmark of their chosen profession. However, many lawyers would argue that a discussion of these matters is necessary only when considering isolated and occasional cases of aberrant behaviour. In "Legal Ethics and Professional Responsibility," Allan Hutchinson makes a convincing case that this view no longer serves the profession well. He argues that the profound changes in the way in which law is practised, and the demographic shifts among those who practise it, demand a new and systematic approach to the subject--one that stresses personal responsibility over professional regulation. Professor Hutchinson's book is both an accessible introduction to legal ethics and professional responsibility for students of law and a provocative call to arms for the profession as a whole. The second edition of the book contains significant discussion and analysis of the Canadian Bar Association's new Code of Professional Conduct, which was adopted in 2006.
As Canadian law schools continue to expand their mooting programs
and increase the emphasis on moot participation, "The Essential
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