Obligations: Law and Language is the first work of its kind to examine in depth the fundamental language used by courts, legislators, and academic commentators when describing the nature of obligations law. A comparative perspective is taken, examining the law of England, Scotland, the United States, Canada, and Australia, and an in-depth analysis is provided of the major legal commentaries, statutes, and case law from each jurisdiction. In exploring such fundamental words as obligation, liability, debt, conditional, unilateral, mutual, and gratuitous, the author examines the often confusing and contradictory ways in which basic structural language has been used, and brings clarity to a core area of legal theory and 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.

Globally, the methodologies of legal education have not changed in any fundamental way, some methods dating back hundreds of years. Law schools have relied, for too long, on passive learning methods such as lectures or cases. Clinical legal education provides an alternative that is more than just another pedagogical method. It provides a way for students to experience their emerging professional selves, while providing services or projects with poor and underrepresented clients. This book documents both the historical origins of clinical experiments in the earliest days of US university legal education, and the now-global reach of clinical pedagogy as a proven tool for effective training of legal professionals.

This book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India including large and sophisticated law firms and in-house legal departments, as well as legal process outsourcing companies. As the book's authors document, this new corporate legal sector is reshaping other parts of the Indian legal profession, including legal education, the development of pro bono and corporate social responsibility, the regulation of legal services, and gender, communal, and professional hierarchies with the bar. Taken as a whole, the book will be of interest to academics, lawyers, and policymakers interested in the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India, and how these countries are integrating into the institutions of global governance and the overall global market for legal services.

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.

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.

Obligations: Law and Language is the first work of its kind to examine in depth the fundamental language used by courts, legislators, and academic commentators when describing the nature of obligations law. A comparative perspective is taken, examining the law of England, Scotland, the United States, Canada, and Australia, and an in-depth analysis is provided of the major legal commentaries, statutes, and case law from each jurisdiction. In exploring such fundamental words as obligation, liability, debt, conditional, unilateral, mutual, and gratuitous, the author examines the often confusing and contradictory ways in which basic structural language has been used, and brings clarity to a core area of legal theory and practice.

Learn how to cost-effectively get new clients...
...without being looked upon as an ambulance chaser

In How to Build Your Law Practice with a Book, legaland publishing experts Kenneth L. Hardison and Adam D. Witty provide a powerhouse of advice for attorneys eager to attract clients and gain a reputation as an authority in their area. They identify 21 key reasons that authoring a book can propel a lawyer to the top, including growth of credibility and recognition, publicity for years to come, and constant generation of new leads. With a book, a lawyer can become a trusted speaker and media source whose range of influence will far outpace the competition. This is an essential guide for attorneys who want to grow their law practice.

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.

This is a practical guide to policing domestic violence in the United Kingdom. It sets out approaches to help identify victims early and target offenders through the effective use of intelligence across a range of offending. It also offers guidance on investigative techniques, risk assessment, inter-agency murder reviews and information-sharing. The impact of domestic violence on children and other witnesses is discussed, and the powers available to police under new legislation are outlined.
This title provides officers with information on all the practical measures to protect victims through the civil courts and through inter-agency schemes and perpetrator programs in the UK. It also includes a chapter on the topical subject of honor-based violence and forced marriage and gives advice on the various measures officers can take. All the issues covered in the book are supplemented with useful case studies and checklists, as well as examples of log taking and relevant forms, illustrating how the issues are dealt with in practice.
The book forms part of the Blackstone's Practical Policing Series. The series, aimed at junior to middle ranking officers, consists of practical guides containing clear and detailed explanations of the relevant legislation and practice, accompanied by case studies, illustrative diagrams and useful checklists.

'If deaths are not investigated, then the authorities cannot be held to account and democracy is threatened. And if deaths are not investigated, we are not a society that values human life.' Inspired from a young age to help the marginalised and voiceless, Leslie Thomas KC has dedicated his career to fighting for the underdog and holding the State to account. This intimate and personal record of some of the most significant, controversial and disturbing legal cases of the last fifty years lays bare the very heart of the law enforcement and judicial process. It's an unforgettable account of an idealistic and outspoken lawyer's coming of age as a Black man in London, and a powerful portrait of the lives of those he has fought for. From the Grenfell Tower Inquiry, to the deaths of Christi and Bobby Shepherd by carbon monoxide poisoning, the Birmingham Pub Bombings and the police shooting of Mark Duggan, Do Right and Fear No One present a blistering argument for a level playing field in the pursuit of justice.

Law, by its very nature, tends to think locally, not globally. This book has a broader scope in terms of the range of nations and offers a succinct journey through law schools on different continents and subject matters. It covers education, research, impact and societal outreach, and governance. It illustrates that law schools throughout the world have much in common in terms of values, duties, challenges, ambitions and hopes. It provides insights into these aspirations, whilst presenting a thought-provoking discussion for a more global agenda on the future of law schools. Written from the perspective of a former dean, the book offers a unique understanding of the challenges facing legal education and research.

Combining her expertise in legal theory and judicial practice in a continental European civil-law system, Jeanne Gaakeer explores the intertwinement of legal theory and practice to develop a humanities-inspired methodology for both the academic interdisciplinary study of law and literature and for legal practice. This volume addresses judgment and interpretation as a central concern within the field of law, literature and humanities. It is not only a study of law as praxis that combines academic legal theory with judicial practice, but proposes both as central to humanistic jurisprudence and as a training in the conduct of public life. Drawing extensively on philosophical and legal scholarship and through analysis of literary works from Gustave Flaubert, Robert Musil, Gerrit Achterberg, Ian McEwan, Michel Houellebecq and Juli Zeh, Jeanna Gaakeer proposes a perspective on law as part of the humanities that will inspire legal professionals, scholars and advanced students of law alike.

During the coming decades, the digital revolution that has transformed so much of our world will transform legal education as well. The digital production and distribution of course materials will powerfully affect both the content and the way materials are used in the classroom and library. This collection of essays by leading legal scholars in various fields explores three aspects of this coming transformation. The first set of essays discusses the way digital materials will be created and how they will change concepts of authorship as well as methods of production and distribution. The second set explores the impact of digital materials on law school classrooms and law libraries and the third set considers the potential transformation of the curriculum that the materials are likely to produce. Taken together, these essays provide a guide to momentous changes that every legal teacher and scholar needs to understand.

Many of the innovations and ideas that legal teams need to embrace - such as those relating to project management and use of technology - have already evolved within the wider business environment. Despite this, many general counsel and other legal leaders report that they feel unprepared to tackle key business challenges and concepts. Business Thinking in Practice for In-house Counsel: Taking Your Seat at the Table takes a practical look at key concepts from influential business theory and illustrates how these are applicable to managing or working in an in-house legal department. Topics covered include purpose, culture, talent and innovation, all of which intersect to provide the structure and framework for legal teams to create a competitive edge. Each chapter features an interview and case study with a general counsel and/or legal team to demonstrate how business concepts can be used in-house most effectively. The author, Catherine McGregor, has engaged with the in-house legal market for many years as a journalist, consultant and commentator. During this time she has built close relationships with leading general counsel around the world and has observed first hand how the role of general counsel has changed and continues to change. Business Thinking in Practice for In-house Counsel is packed with lots of real-life examples and makes essential reading for any general counsel or senior in-house lawyer seeking to develop their business skills and maximise their team's success.

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.

Hersch Lauterpacht, of whom this book is an intimate biography by his son, Elihu, was one of the most prolific and influential international lawyers of the first half of the twentieth century. Having come to England from Austria in the early 1920s, he first researched and taught at the London School of Economics before moving to Cambridge in 1937 to become Whewell Professor of International Law. He did valuable work to enhance relations with the United States during the Second World War, and was active after the war in the prosecution of William Joyce and the major Nazi war criminals. For ten years he was also involved in various significant items of professional work and in 1955 he was elected a judge of the International Court of Justice. The book contains many extracts from his correspondence, the interest of which will extend to lawyers, historians of the period and beyond.

English is the dominant language of international business relations, and a good working knowledge of the language is essential for today's legal or business professional. This book provides a highly practical approach to the use of English in commercial legal contexts, and covers crucial law terminology and legal concepts. Written with the needs of both students and practitioners in mind, this book is particularly suitable for readers whose first language is not English but need to use English on a regular basis in legal contexts. The book covers both written and verbal legal communication in typical legal situations in a straightforward manner. In addition to chapters on the grammar and punctuation utilised in legal writing, the book features sections on contract-drafting and the language used in negotiations, meetings and telephone conversations. It features a companion website which contains exercises covering the majority of the topics covered in the book's chapters. This edition thoroughly revises and expands the content of the companion website and contains updated examples, more detailed explanations of problematic areas and an expanded section on writing law essays.

The Literature of the Law brings together examples of the very best in judicial pronouncements over four centuries and two continents.
Assembled into themes, such as life and death deicisions, freedom of speech and the protection of minorities, they form a fascinating summary of the law's interaction with society. The Literature of the Law also paints an intriguing and sometimes humorous picture of the lawyer's life in and out of court, illustrating with examples some of the different styles of advocacy.
The text is stripped of legal references, which might get in the way of the general reader, and is finished with a number of line illustrations of legal London.

This collection of essays commissioned by the SPTL (Society of Public Teachers of Law) brings together the views of leading experts in legal education in a debate about the aims and achievements of legal education on the 20th century, and the challenges which legal education faces on the verge of the 21st century. The themes of this collection are important ones for the future of legal education and the legal professions and they are not by any means confined to the interests of English lawyers. The challenges faced by English law are found in many other countries around the world including Australia, the USA, and parts of the European Union. These essays will therefore be of interest to a world-wide audience of legal educators. The questions raised by some of the contributors are also of wider significance in the debate about the role of universities. Law, like medicine, is frequently regarded as a subject worthy of university education merely because graduates are needed to provide the profession with its new recruits. But English law schools have always maintained a distinctively scholarly mission reflecting a wider liberal commitment to education. As the 20th century draws to a close universities face unprecedented pressures and in the teaching of law the battle lines are now drawn between those who favour, on the one hand, a rigorous intellectual approach to the teaching of law and those, on the other hand, who would see law schools reduced to being feeder institutions for the legal profession. It is the importance of the essays in this volume that they eschew either a simple analysis of the problems facing legal education or the solutions, many of them equally simplistic, which abound in the current climate of discussion. By tackling the issues in a historical, comparative and empirical fashion these essays contribute greatly to a better understanding of the ideals which deserve to be praised in any system of legal education.

This Special Report on Legal Tech and Digital Transformation offers a practical framework on the following topics: * What impact do technology, legal tech and technology-based legal services have on the formulation of strategy in traditional law firms? * Does legal tech affect the competitive positioning of law firms? * Legal tech and client services delivery: will the distinctive value proposition of law firms change? * How does legal tech impact the traditional business models of law firms? * How do national and international law firms implement technology in their business model? What are best practices and what can we learn? The report concludes with a commentary on the perspectives law firms should consider in regard to legal tech companies and legal process outsourcing (LPO) providers (and how should they respond). Will we see mergers between law firms and such new entrants and legal tech companies? How will the 'Big 4' embed legal tech in their services and where will they try to compete?

This collection of essays on legal ethics addresses the subject comparatively, unlike any previous publication in either the UK or the US. Many of the papers originated from rare collaborative empirical research between academic and practising lawyers combining to produce a book that is unique in its concern with the issues that affect all lawyers in common law systems today. These lawyers are naturally apprehensive about the unprecedented investigation, criticism, and attack which they face. They fear for their livelihood and status in the community while sharing the public's sense of unease. Searching for immediate changes that might placate economic deregulators, the press and politicians, is one of the aims of this collection of original essays, many of which are written by people who are, or were, practitioners of law. This is reflected in the types of initiatives which are debated in this volume - to reform adversarial rules of procedure, to introduce mediational alternatives, and to curb systematic biases. The aims of this volume are therefore to reflect some of the key issues, to suggest possible arguments which might lead to solutions, and to provide readers, particularly those involved in practice, with strategies for devising more 'ethical' practices.

Among members of the legal profession and judiciarysional throughout the world, there is a genuine concern with establishing and maintaining high ethical standards. It is not difficult to understand why this should be so. But, in order to ensure that the standards established are the right ones, it is necessary first of all to examine important philosophical and policy issues. Such an examination is the purpose of this book.

Written by a distinguished group of law teachers and practitioners together with senior members of the judiciary, the book has as its underlying themes: