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Books > Law > Jurisprudence & general issues > Legal profession > General
The seaworthiness of merchant ships plays a critical role in ensuring the safety of life and property and the prevention of marine pollution. It deals with the fitness and readiness of a ship and its fundamental ability to sail safely to its destination. The standards of seaworthiness extend to literally all aspects of a ship, including the human element, physical structure, documentation, cargo worthiness and so on. It is one of the most complicated concepts in the maritime regulatory regime, and it takes many forms. However, although one of the most important terms in maritime transportation and ship management, seaworthiness is not an absolute concept, but a relative one, dependent on the particular environment, context and facts, and the standards of seaworthiness have changed greatly with the introduction of new maritime regulations over the years. The existing literature on seaworthiness is found within a variety of dedicated articles or book chapters. This book summarizes all that information in one publication and provides an update on key books that are now more than a decade old. In addition, it also offers more detail on specific aspects that are rarely discussed on their own. The reader will gain an understanding of the constituent features which colour its application in sovereign jurisdictions, where each have their own, often conflicting, social or geopolitical priorities to meet. Each chapter relies heavily on case studies to illustrate how the laws which reflect private laws and national policy underpinning those priorities are applied in practice. This structure then enables an understanding of the problems in the carriage of goods by sea, with a view to offering options for solutions. The book is written to meet the needs of lawyers, maritime professionals and academics, to thoroughly explain the concept of seaworthiness and the relevant legal issues.
The complete guide to the business of running a successful legal practice Many attorneys in small and mid-size practices are experts on the law, but may not have considered their practice as much from a business perspective. Michael Gerber's "The E-Myth Attorney" fills this void, giving you powerful advice on everything you need to run your practice as a successful business, allowing you to achieve your goals and grow your practice. Featuring Gerber's signature easy-to-understand, easy-to-implement style, "The E-Myth Attorney" features: A complete start-up guide you can use to get your practice off the ground quickly, as well as comprehensive action steps for maximizing the performance of an existing practiceIndustry specific advice from two recognized legal experts that have developed a highly successful legal practice using Gerber's principlesGerber's universal appeal as a recognized expert on small businesses who has coached, taught, and trained over 60,000 small businesses "The E-Myth Attorney" is the last guide you'll ever need to make the difference in building or developing your successful legal practice.
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.
The COVID-19 pandemic has changed working practices across the globe. It has been predicted that as much as 80 percent of the legal workforce will remain transient or permanently working from home after the COVID-19 crisis ends, with only around a fifth as full-time office workers. Although law firms typically weather downturns better than the overall economy, revenues, working practices, and working culture will all change. The expected economic downturn may not directly translate into a decline for professional services, as market difficulties, regulatory responses, stimulus programs, changes in employment, and other stressors provide potential sources of demand - particularly in the legal sector. What is clear is that personnel issues will come to the fore, and law firm leaders will have to respond proactively, both to mitigate risk and to make the best of a challenging and changing situation. Transitioning from an industry famed for office working to one that is more responsive, flexible and individualistic will provide as many opportunities as it will challenges.
Relationships are top-of-mind for in-house lawyers today. Inherent tension in the relationship between in-house lawyers and their organisation, which is both their client and their employer, and the increasing scrutiny of in-house lawyers due to recent corporate and political scandals has put pressure on the management of their relationships with themselves, their teams and their client organisations. Appositely, CEOs, NEDs and boards not only struggle to navigate their relationship with in-house lawyers but also are often unaware of the underlying systemic problems in the function and profession, which can adversely affect organisational sustainability. This book shows how in-house lawyers across the world can better manage their relationships with themselves and others, and how their client organisations can reciprocate. The main theme throughout is that reframing relationships, and then making small changes in them, can together have a big impact on individual fulfilment, organisations and society. Key features of this title include: Exploration of the evolution of the legal function; Diagnostics and tools to assess and manage relationships with boards, law firms and the ESG movement; Strategies to address common relationship issues with key individuals including the CEO, CFO, compliance, the Group GC and other in-house lawyers; Guidance on allaying career concerns and dealing with an overwhelming workload which threatens work–life balance; and The nature of leadership as it pertains to the legal function. Written by Ciarán Fenton, who has worked with hundreds of in-house lawyers as well as CEOs, chairs and boards all over the world, The Modern In-house Lawyer draws on the author’s own consulting experience and successes and failures in relationship management – including case studies demonstrating what works, and what doesn’t – and the insights of other academics and experts. It provides in-house lawyers at all levels, members of the c-suite and private practice lawyers with the principles, tools and models to manage their key relationships and enhance their work.
Becoming a lawyer is about much more than acquiring knowledge and technique. As law students learn the law and acquire some basic skills, they are also inevitably forming a deep sense of themselves in their new roles as lawyers. That sense of self - the student's nascent professional identity - needs to take a particular form if the students are to fulfil the public purposes of lawyers and find deep meaning and satisfaction in their work. In this book, Professors Patrick Longan, Daisy Floyd, and Timothy Floyd combine what they have learned in many years of teaching and research concerning the lawyer's professional identity with lessons derived from legal ethics, moral psychology, and moral philosophy. They describe in depth the six virtues that every lawyer needs as part of his or her professional identity, and they explore both the obstacles to acquiring and deploying those virtues and strategies for overcoming those impediments. The result is a straightforward guide for law students on how to cultivate a professional identity that will allow them to make a meaningful difference in the lives of others and to flourish as individuals.
This collection brings together contemporary work from Britain, Germany and the United States on how law and lawyers have been represented in film, particularly in the past 40 years. It seeks to provide an overview of existing work on law and film. The essays cover the portrayal of the Anglo-American legal system in film. The volume includes work on the history and development of this screen coverage. It also provides a contrast between the Anglo-American and European approach to filming law. Special attention is devoted to influential film makers. The relationship between fact, fiction and film is explored. There is discussion of what amounts to a law film. The impact of the adversarial system on Continental popular culture is also assessed.
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.
This book, with contributors from nine countries, seeks to critically understand the processes of legal education reform and resistance and to point to what these processes mean for law and lawyers inside and outside of the United States. The book seeks to understand the forces driving these processes and to evaluate their implications. Its substantive chapters provide critical insights into how these transnational processes operate in different jurisdictions around the world in light of globalization and local competition. Taken together, the chapters show how institutions and practices of legal education have historically moved across jurisdictions and shaped legal education practices transnationally, as well as the challenges and limits these processes have faced. The chapters also show how that diffusion relates to empires and imperial competition, and in particular today to the rise in power of the United States after the Cold War-and the related diffusion of neoliberal economic policies that have also fueled the spread of corporate law firms modeled on the United States. The book shows how local processes play and evolve in relation to global balances of power. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence.
Whether in football or in the law, Illinois Supreme Court Justice Robert Thomas has always had the "best view from the bench." Bob Thomas got his start in football at the University of Notre Dame, kicking for the famed "Fighting Irish" in the early 1970s. Claimed off waivers by the Chicago Bears in 1975, Thomas helped to take the franchise from their darkest days to their brightest. Yet, on the cusp of the team's greatest moment, he was struck with a shocking blow that challenged his fortitude. In this dramatic retelling of Bob Thomas's fascinating life, renowned sports writer Doug Feldmann shows how neither football nor the law was part of Thomas's dreams while growing up the son of Italian immigrants in Rochester, New York, in the 1960s. Chasing excellence on both the gridiron and in the courtroom, however, would require resilience in ways he could not have imagined. As A View from Two Benches shows us, Bob Thomas reached the top of two separate and distinct professions, guided by a bedrock of faith that has impacted his decisions and actions as both a football player and a judge, helping him navigate the peaks and valleys of life. As Doug Feldmann reveals, Bob Thomas has always stayed true to the values he learned in his earliest days. Doug Feldmann's rich biography of an accomplished kicker and a proud justice of the law shows us that determination and resilience go a long way to a successful and impactful life.
INSTANT #1 NEW YORK TIMES BESTSELLER The former attorney general provides a candid account of his historic tenures serving two vastly different presidents, George H.W. Bush and Donald J. Trump. William Barr's first tenure as attorney general under President George H.W. Bush was largely the result of chance, while his second tenure under President Donald Trump a deliberate and difficult choice. In this candid memoir, Barr takes readers behind the scenes during seminal moments of the 1990s, from the LA riots to Pan Am 103 and Iran Contra. Thirty years later, Barr faced an unrelenting barrage of issues, such as Russiagate, the COVID outbreak, civil unrest, the impeachments, and the 2020 election fallout. One Damn Thing After Another is vivid, forthright, and essential not only to understanding the Bush and Trump legacies, but also how both men viewed power and justice at critical junctures of their presidencies.
In recent years, millions of TV viewers have devoured images of the law. Amy Fisher, O.J. Simpson, Rodney King and JonBenet Ramsey have become household names. To meet popular demand we have a cable channel devoted to trials and police dramas 24 hours a day. Quick justice-dealing judges preside over TV courtrooms resolving real-life conflicts. What are the consequences when legal culture and popular culture dissolve into eath other? What happens, asks Richard K. Sherwin, when law goes pop? Sherwin, a law professor and former New York prosecutor, offers a pathbreaking interdisciplinary study of law and popular culture. He argues that in the welter of communication technologies, an unrestrained marketplace and postmodern ideas, law is increasingly becoming a spectacle, mimicking the style, techniques and visual logic of advertising and public relations. How will law continue to function when truth becomes interpretation and reality and fiction can no longer be separated? To answer these questions, Sherwin draws on a wealth of fascinating material: the contemporary storytelling strategies of lawyers; notoriously popular criminal cases in American legal history; representations of the law such as Errol Morris's "The Thin Blue Line"; and examples of how lawyers and judges have used the media to legitimize the judicial process. The law can be a powerful and affirmative tool for realizing meaning in postmodern life, but not when it is buffeted by corrosive cultural practices. "When Law Goes Pop" is an examination of legal practice in today's world, one that should be needed by everyone concerned with the future of our legal system and the meaning we invest in it.
Being Brown: Sonia Sotomayor and the Latino Question tells the story of the country's first Latina Supreme Court Associate Justice's rise to the pinnacle of American public life at a moment of profound demographic and political transformation. While Sotomayor's confirmation appeared to signal the greater acceptance and inclusion of Latinos-the nation's largest "minority majority"-the uncritical embrace of her status as a "possibility model" and icon paradoxically erased the fact that her success was due to civil rights policies and safeguards that no longer existed. Being Brown analyzes Sotomayor's story of success and accomplishment, despite seemingly insurmountable odds, in order to ask: What do we lose in democratic practice when we allow symbolic inclusion to supplant the work of meaningful political enfranchisement? In a historical moment of resurgent racism, unrelenting Latino bashing, and previously unimaginable "blood and soil" Nazism, Being Brown explains what we stand to lose when we allow democratic values to be trampled for the sake of political expediency, and demonstrates how understanding "the Latino question" can fortify democratic practice. Being Brown provides the historical vocabulary for understanding why the Latino body politic is central to the country's future and why Sonia Sotomayor's biography provides an important window into understanding America, and the country's largest minority majority, at this historical juncture. In the process, Being Brown counters "alternative facts" with historical precision and ethical clarity to invigorate the best of democratic practice at a historical moment when we need it most.
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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.
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.
More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, "Asian Legal Revivals" explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia. Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences - and considering how those experiences have laid the foundation for those societies' legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over three hundred and fifty interviews, "Asian Legal Revivals" illuminates the recent past and the present of these legally changing nations and explains the profession's recent revival of influence, as spurred on by American geopolitical and legal interests.
Adopting a highly practical approach, Remedies is designed to help trainee barristers identify appropriate remedial relief for their clients, and calculate damages where necessary. Remedies fully prepares trainee barristers for practice with coverage of the specific remedies which are available in various areas of law, including judicial review, trusts, unlawful discrimination, and EU remedies. The manual also details when specific remedies are available and what must be established for the chosen remedy to be granted. Digital formats This edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
In 1773 John Adams observed that one source of tension in the debate between England and the colonies could be traced to the different conceptions each side had of the terms "legally" and "constitutionally"--different conceptions that were, as Shannon Stimson here demonstrates, symptomatic of deeper jurisprudential, political, and even epistemological differences between the two governmental outlooks. This study of the political and legal thought of the American revolution and founding period explores the differences between late eighteenth-century British and American perceptions of the judicial and jural power. In Stimson's book, which will interest both historians and theorists of law and politics, the study of colonial juries provides an incisive tool for organizing, interpreting, and evaluating various strands of American political theory, and for challenging the common assumption of a basic unity of vision of the roots of Anglo-American jurisprudence. The author introduces an original concept, that of "judicial space," to account for the development of the highly political role of the Supreme Court, a judicial body that has no clear counterpart in English jurisprudence. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Successfully managing a change initiative is no simple feat, regardless of the size of the firm - distilling the process of change into a workforce takes careful planning and support. Change is stressful and difficult for people to process and accept, as we often cling to what we know. This is especially true of lawyers, who are notoriously averse to change. However, the legal sector has begun to rapidly transform - and the firms that don't change with it are going to struggle to stay relevant. In these turbulent times for firms, change initiatives must be properly managed to ensure the whole firm can successfully shift to the new norm and stick to it. Without the proper support and management, a firm runs the risks of alienating their workforce - who will not take well to sudden and imposed change. Managing Legal Change Initiatives looks to illustrate the best methods of introducing and managing change in a sector that is known for being adverse to it. The book highlights the critical obstacles and pitfalls that law firms will face during transitional periods, and outlines some of the best methods of approaching organizational change; from building a change framework to follow, to encouraging a shift in partner behavior through the compensation strategy. This new book also explores why change is so difficult for individuals - with discussion of the neuroscience behind change, and the role of emotional intelligence in leaders to help garner a transformation. With the disruptions to legal services predicted to continue for some time, it will be those firms who adapt, put into place, and act upon a change management strategy that will be the ones capitalize on changes to come.
We live in an era of economic austerity and political uncertainty. This has profound implications for all areas of publicly funded services; the justice system is no exception. During such times, the judiciary must remain steadfast in maintaining their independence irrespective of any funding model. Professor Hardy and Sir Ryder set out a vision for the Justice system that takes a strategic approach to the legal system, explicitly based on national self-interest and commercial effectiveness. They argue that, in striving for such a strategic approach to the justice system, there should not be separate access to justice and business reliance on the Rule of Law, as if they are separate worlds. The authors advocate an approach enabling access to justice to be efficient as well as effective, evidence based and founded on solid analysis of needs and capabilities. This new strategic approach would therefore be to ensure that the Judiciary, as 'one judiciary' is equipped and skilled as proficiently as it possible and as aligned and as effective in its leadership. The authors bring unique expertise to the pursuit of 'one judiciary', carefully and thoroughly analysing how such a system would work in theory and in practice. This revolutionary monograph promises to be a defining text in the field of judicial leadership. It is essential reading for all Judicial Office Holders, legal policy makers, legal practitioners and academics, and for all those with an interest in human resources, business and management, psychology, and law. |
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