In the Commonwealth,the principle of legal professional privilege has been treated as almost sacrosanct and in consequence, derogations from it have been rare. The traditional view is that, despite resulting unfairness, the rule must be absolute in order to achieve its stated goals. This view is challenged here through an examination of the structure of and exceptions to the privilege. Auburn argues that the claims made of the rule in the past have been overstated and that the privilege is more robust than widely assumed. Being dependent on patterns of client behaviour, it can accommodate change, while still fulfilling its essential function. Having examined the theory, structure and main derogations from the privilege, the author asserts that we should be more sceptical of the claims made of the privilege, and in appropriate circumstances should give more weight to the values underlying the disclosure of evidence. This thoughtful analysis presents a new approach to the issue of legal professional privilege. It offers a thorough exploration of the principles underlying the privilege and takes a Commonwealth-wide approach, covering the law in England, Australia, Canada, New Zealand and South Africa, as well as drawing on relevant principles from European and United States law. Contents 1. Conceptual and Historical Introduction Part A: THEORETICAL FOUNDATIONS 2. Emerging Common Law Right 3. Privilege Under the European Convention on Human Rights 4. Confidentiality 5. Disclosure 6. Structure of the Privilege - General Theory 7. Structure of the Privilege - Application PART B: PRACTICAL APPLICATIONS 8. Crime-fraud Exception 9. Criminal Exculpatory Evidence 10. Loss of Privilege Based on Intent and Disclosure [Waiver] 11. Fairness Based Loss of Privilege [Waiver] 12. Indadvertent Disclosure 13. Past and Future Directions

When it was ratified in 1791, the First Amendment to the Constitution of the United States sought to protect against two distinct types of government actions that interfere with religious liberty: the establishment of a national religion and interference with individual rights to practice religion. Since that time, no question has so bedeviled the U.S. Supreme Court as finding the best way to interpret and apply the Establishment Clause and the Free Exercise Clause of the First Amendment. In this unique and timely book, Jay Sekulow examines not only the key cases and their historical context that have shaped the law concerning church-state relations, but also, for the first time, the impact of the religious faith and practices of Supreme Court Justices who have ruled in each case. Covering cases from the teaching of religion in public schools and the use of federal funds for parochial schools to today's debates about the Pledge of Allegiance and public displays of the Ten Commandments, Witnessing Their Faith is essential reading for anyone interested in the history and future of religious freedom in America.

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.

In Judgment and Mercy, Martin J. Siegel offers an insightful and compelling biography of Irving Robert Kaufman, the judge infamous for condemning Julius and Ethel Rosenberg to death for atomic espionage. In 1951, world attention fixed on Kaufman's courtroom as its ambitious young occupant stridently blamed the Rosenbergs for the Korean War. To many, the harsh sentences and their preening author left an enduring stain on American justice. But then the judge from Cold War central casting became something unexpected: one of the most illustrious progressive jurists of his day. Upending the simplistic portrait of Judge Kaufman as a McCarthyite villain, Siegel shows how his pathbreaking decisions desegregated a Northern school for the first time, liberalized the insanity defense, reformed Attica-era prisons, spared John Lennon from politically motivated deportation, expanded free speech, brought foreign torturers to justice, and more. Still, the Rosenberg controversy lingered. Decades later, changing times and revelations of judicial misconduct put Kaufman back under siege. Picketers dogged his footsteps as critics demanded impeachment. And tragedy stalked his family, attributed in part to the long ordeal. Instead of propelling him to the Supreme Court, as Kaufman once hoped, the case haunted him to the end. Absorbingly told, Judgment and Mercy brings to life a complex man by turns tyrannical and warm, paranoid and altruistic, while revealing intramural Jewish battles over assimilation, class, and patriotism. Siegel, who served as Kaufman's last law clerk, traces the evolution of American law and politics in the twentieth century and shows how a judge unable to summon mercy for the Rosenbergs nonetheless helped expand freedom for all.

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 is the first study of the practice of judicial summing-up to juries and of its 'survey of the evidence' as rhetoric, persuasive language, in the Crown Courts of England and Wales.

The transcripts of judicial summings-up to a jury can vary from a few to hundreds of pages, and are significant in that they break the flow between advocates' turn-taking, especially their final speeches, and the deliberation of the jury. In addition to its linguistic and rhetorical concerns, the book considers this practice of summing up as a legal problem - as unrecognized advocacy - and examines alternatives, such as the US States', Canadian and Scottish models. The Scottish model is prescribed for consideration by Anglo-Welsh judges with its insistence on parsimonious reference to the disputed narrative, only where relevant to the legal issues on which instruction is being given.

This book will be crucial reading for students across a variety of disciplines. A broadly socio-legal text, using a mixed-methods design combining grounded theory with an in-depth case study, this research explores a rarely-seen facet of the legal profession. Sociologists studying the practical effect of sociological concepts from theorists such as Bourdieu and Weber; those studying the legal profession from the sociological, law or psychological angles; anyone examining elite professions; management students examining the operation of professional associations and the ways in which these mobilise to take action on controversial topics; those studying the role and creation of outreach: all will find something of interest in this monograph. For those within the legal profession itself it also provides a look into an oft-hidden world: that of the English Bar. A notoriously secretiveprofession, traditional, elite and suspicious of research - the case study evaluatingan outreach programme sheds light on how this fascinating world operates when trying to engage in progressive steps. Through the eyes of a professional association seeking to improve socio-economic diversity in the profession through instituting an access programme focussed on work experience, it examines not just how professional association action may succeed or fail, but why. With foreword by Lord Neuberger, former President of the Supreme Court and Chair of the Working Party on Entry to the Bar.

These finely tempered reflections of a small city lawyer restate, in a graceful and informal manner, the true meaning of law and government to ordinary men. F. Lyman Windolph, for twenty-five years a prominent attorney in Lancaster, Pennsylvania, has handled almost every kind of legal case in his career, and through his close association with his clients he has gained an understanding of their lives and problems which, coupled with his wide legal knowledge, and alert sense of the social questions of the present, gives his essays a disarming and reassuring tone. Lawyers especially will enjoy his discussion of his experience with various cases and the more general topics of the value of the jury system, the difference between city and country trials, the ethics of defending guilty clients. But all will find the chapters on the meaning of democracy and liberalism and the indirect picture which the book gives of the day-by-day life in a small American community richly rewarding. In the last instance, two final essays-one on the Pennsylvania Dutch religious sects and "A Letter to My Father"-are particularly delightful. Several of the chapters have previously been published in the Atlantic Monthly and other magazines.

This book is the first formal, empirical investigation into the law faculty experience using a distinctly intersectional lens, examining both the personal and professional lives of law faculty members. Comparing the professional and personal experiences of women of color professors with white women, white men, and men of color faculty from assistant professor through dean emeritus, Unequal Profession explores how the race and gender of individual legal academics affects not only their individual and collective experience, but also legal education as a whole. Drawing on quantitative and qualitative empirical data, Meera E. Deo reveals how race and gender intersect to create profound implications for women of color law faculty members, presenting unique challenges as well as opportunities to improve educational and professional outcomes in legal education. Deo shares the powerful stories of law faculty who find themselves confronting intersectional discrimination and implicit bias in the form of silencing, mansplaining, and the presumption of incompetence, to name a few. Through hiring, teaching, colleague interaction, and tenure and promotion, Deo brings the experiences of diverse faculty to life and proposes a number of mechanisms to increase diversity within legal academia and to improve the experience of all faculty members.

A timely and multifaceted portrait of the lawyers who serve the diverse constituencies of the conservative movement, "Lawyers of the Right" explains what unites and divides lawyers for the three major groups--social conservatives, libertarians, and business advocates--that have coalesced in recent decades behind the Republican Party.
Drawing on in-depth interviews with more than seventy lawyers who represent conservative and libertarian nonprofit organizations, Ann Southworth explores their values and identities and traces the implications of their shared interest in promoting political strategies that give lawyers leading roles. She goes on to illuminate the function of mediator organizations--such as the Heritage Foundation and the Federalist Society for Law and Public Policy--that have succeeded in promoting cooperation among different factions of conservative lawyers. Such cooperation, she finds, has aided efforts to drive law and the legal profession politically rightward and to give lawyers greater prominence in the conservative movement. Southworth concludes, though, that tensions between the conservative law movement's elite and populist elements may ultimately lead to its undoing.

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.

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.

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.

Richard Nixon’s loss in the 1962 gubernatorial election in California was more than just a simple electoral defeat. His once-promising political career was in ruins as he dropped his second high-profile race in as many years. Nixon, himself, rubbed salt in his own self-inflicted wounds by delivering a growling, bitter concession speech that made him seem like a sore loser. In the months following his defeat and self-immolation, he left California to move to New York so that he could work for a prestigious Wall Street law firm. His new career only seemed to confirm what everyone already knew: Richard Nixon was finished as a politician. Except, he wasn’t. Nixon’s political resurrection was virtually unprecedented in American history role, and he had his law firm to thank for paving his way to the White House. His role as public partner at Nixon, Mudge, Rose, Guthrie & Alexander was the ideal platform for him as he looked to reinvent himself after his back-to-back losses in 1960 and 1962. Nixon’s firm gave him access to deep-pocketed clients, many of whom became donors when he decided to take the plunge in 1968. Furthermore, working for so many international clients allowed him to travel the world and burnish his foreign policy credentials – a vital quality that voters were looking for as the Cold War raged on and the Vietnam War showed no signs of slowing down. Nixon’s time at the firm also allowed him to build a formidable campaign staff consisting of top-notch lawyers, researchers and writers – a staff that did just about everything for him when it came time to ramp up for the 1968 campaign.

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.

In recent decades, Oliver Wendell Homes has been praised as "the only great American legal thinker" and "the most illustrious figure in the history of American law." In "Law without Values," Albert W. Alschuler paints a much darker picture of Justice Holmes as a distasteful man who, among other things, espoused Social Darwinism, favored eugenics, and as he himself acknowledged, came "devilish near to believing htat might makes right."
Alschuler begins by examinging Holmes's power-focused philosophy and then turns to Holmes the person, describing how the horrors he expereinced in the Civil War would transform his outlook into one of moral skepticism and profoundly color his decisions, both personal and legal. Thus skepticism, Alschuler argues, was at the root of his personal indifference to others, his romanticization of war and struggle, his persistent efforts to substitute powe metaphors for judgments of right and wrong, and his "bad man" concept of law. His pernicious leacy, according to Alschuler, is evident in twentieth-century legal thought, whether one takes an economic or a critical legal approach. Contrary to the perception of many modern lawyers and scholars, Holmes's legacy was not a "revolt against formalism" or against a priori reasoning; it was a revolt against the objective concepts of right and wrong--against values.
Alschuler's thoroughgoing, no-holds-barred debunking of Holmes, together with his scathing critique of contemporary legal scholarship, will be a lightning rod for discussion and debate.

Haben grew up spending summers with her family in the enchanting Eritrean city of Asmara. There, she discovered courage as she faced off against a bull she couldn't see, and found in herself an abiding strength as she absorbed her parents' harrowing experiences during Eritrea's thirty-year war with Ethiopia. Their refugee story inspired her to embark on a quest for knowledge, traveling the world in search of the secret to belonging. She explored numerous fascinating places, including Mali, where she helped build a school under the scorching Saharan sun. Her many adventures over the years range from the hair-raising to the hilarious. Haben defines disability as an opportunity for innovation. She learned non-visual techniques for everything from dancing salsa to handling an electric saw. She developed a text-to-braille communication system that created an exciting new way to connect with people. Haben pioneered her way through obstacles, graduated from Harvard Law, and now uses her talents to advocate for people with disabilities. HABEN takes readers through a thrilling game of blind hide-and-seek in Louisiana, a treacherous climb up an iceberg in Alaska, and a magical moment with President Obama at The White House. Warm, funny, thoughtful, and uplifting, this captivating memoir is a testament to one woman's determination to find the keys to connection.

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.

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.

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.

Richard Nixon's loss in the 1962 gubernatorial election in California was more than just a simple electoral defeat. His once-promising political career was in ruins as he dropped his second high-profile race in as many years. Nixon, himself, rubbed salt in his own self-inflicted wounds by delivering a growling, bitter concession speech that made him seem like a sore loser. In the months following his defeat and self-immolation, he left California to move to New York so that he could work for a prestigious Wall Street law firm. His new career only seemed to confirm what everyone already knew: Richard Nixon was finished as a politician. Except, he wasn't. Nixon's political resurrection was virtually unprecedented in American history role, and he had his law firm to thank for paving his way to the White House. His role as public partner at Nixon, Mudge, Rose, Guthrie & Alexander was the ideal platform for him as he looked to reinvent himself after his back-to-back losses in 1960 and 1962. Nixon's firm gave him access to deep-pocketed clients, many of whom became donors when he decided to take the plunge in 1968. Furthermore, working for so many international clients allowed him to travel the world and burnish his foreign policy credentials - a vital quality that voters were looking for as the Cold War raged on and the Vietnam War showed no signs of slowing down. Nixon's time at the firm also allowed him to build a formidable campaign staff consisting of top-notch lawyers, researchers and writers - a staff that did just about everything for him when it came time to ramp up for the 1968 campaign.

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.