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Books > Law > Jurisprudence & general issues > Legal profession > General
The most comprehensive practice papers on the market; Practice papers prepared by authors with hands on experience of the LNAT, to ensure the level of difficulty and accuracy of the questions; The book was compiled by a team of LNAT mentors, consultants and coaches who have been mentoring LNAT students for close to a decade, and the team also has contact with and input from assessors and markers of the LNAT examinations.
Expressions of support for diversity are nearly ubiquitous among contemporary law firms and corporations. Organizations back these rhetorical commitments with dedicated diversity staff and various diversity and inclusion initiatives. Yet, the goal of proportionate representation for people of color and women remains unrealized. Members of historically underrepresented groups remain seriously disadvantaged in professional training and work environments that white, upper-class men continue to dominate. While many professional labor markets manifest patterns of demographic inequality, these patterns are particularly pronounced in the law and elite segments of many professions. Diversity in Practice analyzes the disconnect between expressed commitments to diversity and practical achievements, revealing the often obscure systemic causes that drive persistent professional inequalities. These original contributions build on existing literature and forge new paths in explaining enduring patterns of stratification in professional careers. These more realistic assessments provide opportunities to move beyond mere rhetoric to something approaching diversity in practice.
Questions of the application and interpretation of the ne bis in idem principle in EU law continue to surface in the case law of different European courts. The primary purpose of this book is to provide guidance and to address important issues in connection with the ne bis in idem principle in EU law. The development of the ne bis in idem principle in the EU legal order illustrates the difficulty of reconciling pluralism with the need for doctrinal coherence, and highlights the tensions between the requirements of effectiveness and the protection of fundamental rights in EU law. The ne bis in idem principle is a 'litmus test' of fundamental rights protection in the EU. This book explores the principle, and the way the Court of Justice of the European Union has interpreted it, in the context of competition law and the areas of freedom, security and justice, human rights law and tax law.
Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?
The Holistic Lawyer shows legal professionals that there is a way to keep up their standards without getting overwhelmed. Ritu Goswamy, lawyer and productivity consultant, builds on her successful New Billable Hour (TM) program in The Holistic Lawyer where she reveals tools to level up legal professionals' practice even more, using one of their biggest resources: their own brain. The Holistic Lawyer teaches readers how to move from overwhelm to efficiency and reach maximum success in their professional and personal life. Within its pages, Ritu teaches legal professionals: Why lawyers overwork...and how to stop How they can use their brain instead of letting it use them Why working hard to prove competence is counterproductive How increasing their emotional intelligence makes them more ethical What steps to take to work more efficiently The legal profession is changing rapidly. It's time for lawyers to work smarter not harder, and Ritu is going to show them how.
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.
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.
The stories of Guantanamo detainees, silenced and imprisoned without trial, as told by their lawyers Following the terrorist attacks of 9/11, the United States imprisoned more than seven hundred and fifty men at its naval base at Guantanamo Bay, Cuba. These men, ranging from teenage boys to men in their eighties from over forty different countries, were detained for years without charges, trial, and a fair hearing. Without any legal status or protection, they were truly outside the law: imprisoned in secret, denied communication with their families, and subjected to extreme isolation, physical and mental abuse, and, in some instances, torture. These are the detainees' stories, told by their lawyers because the prisoners themselves were silenced. It took habeas counsel more than two years-and a ruling from the United States Supreme Court-to finally gain the right to visit and talk to their clients at Guantanamo. Even then, lawyers were forced to operate under severe restrictions designed to inhibit communication and envelop the prison in secrecy. In time, however, lawyers were able to meet with their clients and bring the truth about Guantanamo to the world. The Guantanamo Lawyers contains over one hundred personal narratives from attorneys who have represented detainees held at "GTMO" as well as at other overseas prisons, from Bagram Air Base in Afghanistan to secret CIA jails or "black sites." Mark Denbeaux and Jonathan Hafetz-themselves lawyers for detainees-collected stories that cover virtually every facet of Guantanamo, and the litigation it sparked. Together, these moving, powerful voices create a historical record of Guantanamo's legal, human, and moral failings, and provide a window into America's catastrophic effort to create a prison beyond the law. An online archive, hosted by New York University Libraries, will be available at the time of publication and will contain the complete texts as well as other accounts contributed by Guantanamo lawyers. The documents will be freely available on the Internet for research, teaching, and non-commercial uses, and will be preserved indefinitely as a historical collection. Read free excerpts from the book at http://www.theguantanamolawyers.com and explore the complete archive of narratives at http://dlib.nyu.edu/guantanamo
Experience the multimedia and view the links featured in the book at lawondisplay.com Visual and multimedia digital technologies are transforming the practice of law: how lawyers construct and argue their cases, present evidence to juries, and communicate with each other. They are also changing how law is disseminated throughout and used by the general public. What are these technologies, how are they used and perceived in the courtroom and in wider culture, and how do they affect legal decision making? In this comprehensive survey and analysis of how new visual technologies are transforming both the practice and culture of American law, Neal Feigenson and Christina Spiesel explain how, when, and why legal practice moved from a largely words-only environment to one more dependent on and driven by images, and how rapidly developing technologies have further accelerated this change. They discuss older visual technologies, such as videotape evidence, and then current and future uses of visual and multimedia digital technologies, including trial presentation software and interactive multimedia. They also describe how law itself is going online, in the form of virtual courts, cyberjuries, and more, and explore the implications of law's movement to computer screens. Throughout Law on Display, the authors illustrate their analysis with examples from a wide range of actual trials.
While many young people become lawyers for the big bucks, others are motivated by the pursuit of social justice, seeking to help people for whom legal services are financially, socially, or politically inaccessible. These progressive lawyers often bring a considerable degree of idealism to their work, and many leave the field due to insurmountable red tape and spiraling disillusionment. But what about those who stay? And what do their clients think? Negotiating Justice explores how progressive lawyers and their clients negotiate the dissonance between personal idealism and the realities of a system that doesn't often champion the rights of the poor. Corey S. Shdaimah draws on over fifty interviews with urban legal service lawyers and their clients to provide readers with a compelling behind-the-scenes look at how different notions of practice can present significant barriers for both clients and lawyers working with limited resources, often within a legal system that many view as fundamentally unequal or hostile. Through consideration of the central themes of progressive lawyering--autonomy, collaboration, transformation, and social change--Shdaimah presents a subtle and complex tableau of the concessions both lawyers and clients often have to make as they navigate the murky and resistant terrains of the legal system and their wider pursuits of justice and power.
"Duncan Kennedy's critique of legal education now gets the wide distribution it deserves. Kennedy's insightful skewering of legal education, supplemented by his own reflections on the work and views of other legal educators, will provide prospective law students with a flavor of what they are in for-- and will remind lawyers of what they went through. Kennedy's message is as important today as it was two decades ago when he first penned this work."--"Mark Tushnet, Georgetown University" "Duncan Kennedy's little red book has become a classic. But now with its republication twenty years later, Kennedy's 'polemic against the system' takes us beyond its origins as a field guide to legal education. Amplified by the voices of other distinguished scholars, this stunning collection of essays forces us to consider the ways in which hierarchies and their resulting social alienation disfigure contemporary society, not just our law schools."--"Lani Guinier, Harvard University" "Kennedy's book remains one of the defining blows of critical legal studies and an enduring challenge to the entire structure of legal education. It remains as vital, incisive and daring as when it first appeared."--"Scott Turow, author of One L: The Turbulent True Story of a First Year at Harvard Law School." "An important founding text in the history of critical approaches to law taken by scholars located in law schools."--"The Law and Politics Book Review" In 1983 Harvard law professor Duncan Kennedy self-published a biting critique of the law school system called Legal Education and the Reproduction of Hierarchy. This controversial booklet was reviewed in several major law journals--unprecedented for aself-published work--and influenced a generation of law students and teachers. In this well-known critique, Duncan Kennedy argues that legal education reinforces class, race, and gender inequality in our society. However, Kennedy proposes a radical egalitarian alternative vision of what legal education should become, and a strategy, starting from the anarchist idea of workplace organizing, for struggle in that direction. Legal Education and the Reproduction of Hierarchy is comprehensive, covering everything about law school from the first day to moot court to job placement to life after law school. Kennedy's book remains one of the most cited works on American legal education. The visually striking original text is reprinted here, making it available to a new generation. The text is buttressed by commentaries by five prominent legal scholars who consider its meaning for today, as well as by an introduction and afterword by the author that describes the context in which Kennedy wrote the book, including a brief history of critical legal studies.
In this highly unusual role for a lawyer, the author found himself in 1998 having to learn on his feet at a frightening pace as the newly promoted senior legal advisor to the charismatic General Sir Mike Jackson, the commander who led the Allied Rapid Reaction Corps into strife-torn Kosovo the following year to restore some sort of normality in the aftermath of the NATO bombing campaign. A peace deal was finally signed, only for Russia to intervene at the eleventh hour. The author was asked to provide rules of engagement for NATO to eject a stubborn Russian unit from Pristina by force, amongst fears of starting World War III, one of the few occasions when he thought perhaps civilian legal practice might not have been such a bad idea after all. Ten years later the author was back at HQ ARRC, promoted to Colonel. The culture shock on this occasion was not so much, spending six months in Afghanistan as being professionally embedded in a large American military legal office led by a hyper energetic US officer from the 'deep south'. Unlike the short, sharp Kosovo experience in central Europe, this war in central Asia was the longest in the history of the USA, although for the British it was just the latest in a succession of operations going back two centuries to the 'Great Game'. Trying to apply the law, balancing the need for aggression with compliance with Western notions of human rights, and vain efforts to win over the hearts and minds of a proud but impoverished people historically blighted by conflict proved to be unimaginably fraught. _Military Operations From Kosovo to Kabul_ is one experienced soldier's fascinating account of these historic events, seen on the ground from the perspective of a legal professional, seldom associated with fighting wars.
Across the country, races for judgeships are becoming more and more politically contested. As a result, several states and cities are now considering judicial election reform. Running for Judge examines the increasingly contentious judicial elections over the last twenty-five years by providing a timely, insightful analysis of judicial elections. The book ties together the current state of the judicial elections literature, and presents new evidence on a wide range of important topics, including: the history of judicial elections; an understanding of the types of judicial elections; electoral competition during races; the increasing importance of campaign financing; voting in judicial elections; the role interest groups play in supporting candidates; party organizing in supposedly non-partisan elections; judicial accountability; media coverage; and judicial reform of elections. Running for Judge is an engaging, accessible, empirical analysis of the major issues surrounding judicial elections, with contributions from prominent scholars in the fields of judicial politics, political behavior, and law. Contributors: Lawrence Baum, Chris W. Bonneau, Brent D. Boyea, Paul Brace, Rachel P. Caufield, Jennifer Segal Diascro, Brian Frederick, Deborah Goldberg, Melinda Gann Hall, Richard L. Hasen, David Klein, Brian F. Schaffner, and Matthew J. Streb.
Geoffrey Robertson led students in the '60s to demand an end to racism and censorship. He went on to become a top human rights advocate, saving the lives of many death-row inmates, freeing dissidents and taking on tyrants in a career marked by courage, determination and a fierce independence. In this witty, honest and sometimes irreverent memoir, he recalls battles on behalf of George Harrison and Julian Assange, Salman Rushdie and Vaclav Havel, Mike Tyson and the Sex Pistols, and battles against General Pinochet, Lee Kuan Yew and Mrs Thatcher (the true story of Spycatcher is told for the first time). Interspersed with these forensic fireworks is the story of a pimply schoolboy from a state comprehensive, inspired by a banned book to become a barrister at the Old Bailey and who went on to found the UK's leading human rights practice (Doughty Street Chambers) and to defend troublemakers throughout the world. Rather His Own Man captures the drama of the trial, the thrill of victory and the feeling of `courtus interruptus' when a big case settles. Its cast of characters includes Princess Diana, Pee-Wee Herman, Dame Edna, the Queen and Rupert - the bear and the media mogul. It's a read that is both exhilarating and erudite - and very funny.
"...I feel it is an excellent supplement to textbooks that discuss process, concepts, theories and all elements of the criminal justice system. This book would only improve student chances of success." -Terry Campbell, Kaplan University A Guide to Study Skills and Careers in Criminal Justice and Public Security is the ultimate how-to resource for success in the study of criminal justice. Renowned author Frank Schmalleger, who has over 40 years of field experience, has teamed up with researcher and educator Catherine D. Marcum to introduce students to the field of criminal justice, break down its many components, and describe a variety of employment opportunities available to criminal justice graduates. Students will learn how to effectively approach the study of criminal justice; communicate successfully with professors, peers, and potential employers; choose classes that will assist with career goals; develop good study habits and critical thinking skills; and write effectively in criminal justice. Additionally, as their academic careers advance, students will gain insights into how to best prepare for successful careers. .
The legal services marketplace has become ever more competitive. Identifying a robust business strategy and sources of competitive advantage are difficult challenges for law firms today. The review of legal services carried out by Sir David Clementi, leading to the Legal Services Bill, paves the way for yet more change, competition and consolidation. As well as reviewing the way that law firms are regulated, the Bill will de-regulate the ownership of law firms, so that they can be made public or owned by multi-disciplinary principals. For the first time, firms now face the prospect of not being wholly owned and managed by lawyers, and of being able to seek capital in the general finance markets in the same way as other businesses. Stephen Mayson has been a consultant to law firms all over the world for more than 20 years, and is one of the most respected commentators on legal practice. In this new book, he presents the first in-depth and systematic treatment of strategy, competitive advantage and valuation for the legal services market. The text provides practical guidance for law firms on how respond to the reforms to be introduced by the Legal Services Bill, and in particular how to build and preserve value in the new environment. It explores in detail a range of factors that firms need to address in order to face both known and new forms of competition, and build a sustainable business. In the first part of the book, the author explores the emerging landscape of legal services. He discusses fair market valuation and the link between strategy, competitive advantage and valuation, before addressing regulation and competition. Here the decline of regulatory barriers (including the Clementi Review and the Legal Services Bill) and the effects of maturing markets are examined, as well as the issues and challenges of consolidation and polarisation of legal service providers, and globalisation. Mayson then examines the nature of competitive advantage, including its foundations and sustainability. In the third section, the principles of valuation, including definitions of value and methods of valuation, are looked at, in addition to an analysis of the drivers of value in law firms and guidance on how to optimise and sustain income. A section on the implications of valuation then focuses on issues such as the possible tensions between individuals and the organisation, collective action and commitment, and the longevity of the firm. In the final section, the author looks at the foundations of strategy, such as: its context; the 'strategic triangle' of services, clients and geography; strategic objectives and risks; the strategic response; and the building of capital for competitive advantage (including a discussion of financial, physical, human, social and organisational capital). The book ends with a discussion of future prospects for the legal services market. Law Firm Strategy: Competitive Advantage and Valuation is an invaluable text for those already managing law firms, those looking to compete with existing law firms in the new environment, and those who are not lawyers but find themselves with an opportunity to own, invest in or manage a legal services business.
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.
"Compelling, suspenseful, and deeply reported . . . Masters gives a
dramatic inside account of the fight between Spitzer and the titans
of finance."--"Newsday""" Few politicians have burst onto the
American scene with as much impact as Eliot Spitzer. As New York's
attorney general, he exposed wrongdoing by stock analysts, mutual
fund managers, and insurance brokers, and investigated corporations
that have misled or defrauded ordinary investors and consumers. And
as the next governor of New York, Spitzer is now a rising star on
the national political scene.
"Risks, Reputations, and Rewards" looks at a variety of
interrelated questions about contingency fee legal practice: What
is the nature of the contingency fees that lawyers charge? How do
lawyers get and screen potential cases? How do contingency fee
lawyers interact with their clients and opponents? What is involved
in settling these cases? What types of returns do contingency fee
cases produce? And what role does reputation play in contingency
fee practice? The author argues that to be successful, contingency
fee lawyers must generate a portfolio of cases, similar to an
investment portfolio with its associated risk. This has a
significant impact on how contingency fee lawyers obtain and select
cases, manage their work, and deal with the pressures that arise in
settling cases. More important, understanding the work of
contingency fee lawyers in terms of an ongoing practice rather than
in terms of individual cases mitigates some of the significant
conflicts that may exist between lawyers and clients.
Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.
This is the latest book from law and technology guru Richard Susskind, author of best-selling The Future of Law, bringing together in one volume eleven significant essays on the application of IT to legal practice and the administration of justice, including Susskind's very latest thinking on key topics such as knowledge management and the impact of electronic commerce and electronic government.
During recent decades legal professions have changed dramatically. Legal work has become more specialized, women have entered legal professions in large numbers, and the number of nonwhite legal practitioners has increased. Equally important as the demographic changes among legal professionals, have been movements in several countries to make legal practice more responsive to competitive markets for services - both nationally and globally. This volume introduces a collection of research articles that explore the important changes among legal practitioners in the US, England, Germany and Canada. The articles are organized around three general themes: changes in the structure and organization of legal professions and legal practices (in the US, England and Germany); legal culture, professional time and job satisfaction (in the US and England); and the changing nature of legal work practices in various fields of law. The volume addresses many of the newest and most exciting themes in the sociology of law, including the global law firm, the dilemma of part-time employment for legal professionals, the sociolegal construction of time, and the unique dynamics of legal practices in different fields of law. |
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