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Books > Law > Jurisprudence & general issues > Legal profession > General
This book is a must-read guide for students thinking of studying
law and, indeed, for anyone interested in the law. Author Chris
Stoakes - known for his ability to make complex subjects simple -
approaches the law in a new and compelling way, explaining the
basic legal principles but marrying them up with the practice of
law, explaining the different areas of specialisation, types of law
firm, how they are organised and what it is like being a lawyer.
Throughout, he draws on his unique career in and around the law, as
a City solicitor, a partner in a law firm, a legal journalist and
editor, a law teacher, a tutor on an MBA for lawyers and a
management consultant who has advised law firms and in-house legal
departments.
Are you involved in making decisions in court, a tribunal, or
another formal decision-making environment? This book gives
guidance in the skills required to reach and deliver
well-structured judicial decisions. The authors (all of whom have
extensive judicial and quasi-judicial experience) instruct the
readers on the skills required at each stage of a hearing,
including: - ensuring there is a fair hearing process; - standards
and conduct of decision-makers; - successful communication; -
taking into account the needs of vulnerable participants and
litigants in person; - case management; - assessing evidence; and -
the process of reaching and then delivering a well-structured
decision. The book includes practical guidance, examples, and short
exercises to help the reader engage with the issues discussed and
understand the skills required. Buy this book and you will have the
confidence you need to make great decisions.
"A wonderful book...it should be read by anyone who has ever
contemplated going to law school. Or anyone who has ever worried
about being human." -"The New York Times"
It was a year of terrors and triumphs, of depressions and
elations, of compulsive work, pitiless competition, and, finally,
mass hysteria. It was Scott Turow's first year at the oldest,
biggest, most esteemed center of legal education in the United
States. Turow's experiences at Harvard Law School, where freshmen
are dubbed One Ls, parallel those of first-year law students
everywhere. His gripping account of this critical, formative year
in the life of a lawyer is as suspenseful, said "The New York
Times," as "the most absorbing of thrillers."
Jewish Justices of the Supreme Court examines the lives, legal
careers, and legacies of the eight Jews who have served or who
currently serve as justices of the U.S. Supreme Court: Louis D.
Brandeis, Benjamin Cardozo, Felix Frankfurter, Arthur Goldberg, Abe
Fortas, Ruth Bader Ginsburg, Stephen G. Breyer, and Elena Kagan.
David Dalin discusses the relationship that these Jewish justices
have had with the presidents who appointed them, and given the
judges' Jewish background, investigates the antisemitism some of
the justices encountered in their ascent within the legal
profession before their appointment, as well as the role that
antisemitism played in the attendant political debates and Senate
confirmation battles. Other topics and themes include the changing
role of Jews within the American legal profession and the views and
judicial opinions of each of the justices on freedom of speech,
freedom of religion, the death penalty, the right to privacy,
gender equality, and the rights of criminal defendants, among other
issues.
Key Directions in Legal Education identifies and explores key
contemporary and emerging themes that are significant and heavily
debated within legal education from both UK and international
perspectives. It provides a rich comparative dialogue and insights
into the current and future directions of legal education. The book
discusses in detail topics including the pressures on law schools
exerted by external stakeholders, the fostering of
interdisciplinary approaches and collaboration within legal
education and the evolution of discourses around teaching and
learning legal skills. It elaborates on the continuing development
of clinical legal education as a component of the law degree and
the emergence and use of innovative technologies within law
teaching. The approach of pairing UK and international authors to
obtain comparative insights and analysis on a range of key themes
is original and provides both a genuine comparative dialogue and a
clear international focus. This book will be of great interest for
researchers, academics and post-graduate students in the field of
law and legal pedagogy.
Winner, 2019 Global Legal Skills Book Award, given by the Global
Legal Skills Conference An essential handbook for international
lawyers and students Focusing on vocabulary, Essential Legal
English in Context introduces the US legal system and its
terminology. Designed especially for foreign-trained lawyers and
students whose first language is not English, the book is a
must-read for those who want to expand their US legal vocabulary
and basic understanding of US government. Ross uses a unique
approach by selecting legal terms that arise solely within the
context of the levels and branches of US government, including
terminology related to current political issues such as
partisanship. Inspired by her students' questions over her years of
teaching, she includes a vast collection of legal vocabulary,
concepts, idioms, and phrasal verbs and unpacks concepts embedded
in US case law, such as how the US constitutional separation of
powers may affect a court's interpretation of the law. The handbook
differentiates basic terms in civil and criminal cases and compares
terms that may seem similar because of close spellings but in fact
have different meanings. For instance, what is the distinction
between "taking the stand" and "taking a stand?" What is the
difference between "treaties" and "treatises"? Featuring
illustrations and hands-on exercises, Essential Legal English in
Context is a valuable self-study resource for those who want to
improve their legal English terminology before entering a US law
school, studying US law or government, or working as a seconded
attorney to a US law firm. Instructors can use the handbook in an
introductory US legal English course.
From the roots of a law that applied to all subjects of the
Scottish King to the Union with England, this new legal history
textbook explores the genesis, evolution and enduring influence of
early Scots law. Discover how and why Scots law come into being,
how was it used in dispute resolution during the medieval and early
modern periods and how its authority developed over the centuries.
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.
In this unique book Lord Woolf recounts his remarkable career and
provides a personal and honest perspective on the most important
developments in the common law over the last half century. The book
opens with a comprehensive description of his family background,
which was very influential on his later life, starting with the
arrival of his grandparents as Jewish immigrants to England in
1870. His recollections of his early years and family, education
and life as a student lead into his early career as a barrister and
as a Treasury Devil, moving on to his judicial career and the many
roles taken therein. The numerous standout moments examined include
his work on access to the judiciary, prison reform, and suggested
reforms to the European Court of Human Rights. Fascinating insights
into the defining cases of his career, T AG v Jonathan Cape,
Gouriet v Union of Post Office Workers, Tameside, Hazel v
Hammersmith, M v Home Office, remind the reader of how impactful
his influence has been. He considers the setting of the mandatory
component of the life sentences of Thompson and Venables and the
Diane Blood case. Alongside the case law, and the Woolf Reforms,
the Constitutional Law Reform Act 2005 is also explored.
Considering the ebb and flow of changes over his remarkable
judicial life, Lord Woolf identifies those he welcomes, but also
expresses regret on what has been lost. A book to remind lawyers,
be they students, practitioners or scholars, of the power and
importance of law. All author profits from the book will be donated
to the Woolf Institute.
James Fitzjames Stephen was a distinguished jurist, a codifier of
the law in England and India, and the judge in the ill-fated
Maybrick case; a serious and prolific journalist, a pillar of the
Saturday Review and the Pall Mall Gazette; and in Liberty,
Equality, Fraternity (1873) the hard-hitting assailant of John
Stuart Mill. Fitzjames's younger brother Leslie was founding editor
of the Dictionary of National Biography and father of Virginia
Woolf. The Life of Sir James Fitzjames Stephen, by his brother
Leslie Stephen (1895) is the biography of one eminent Victorian by
another. It is a lucid and affectionate portrait, yet far from
uncritical, as revealing of its author as its subject. With a
narrative that embraces legal history, the government of India, the
Victorian press, the crisis of religious faith, and the 'paradise
lost' of political liberalism, the biography is also an
indispensable source for the history of the Stephen family, which
belonged to what Noel Annan called the 'intellectual aristocracy'
of the nineteenth century, connecting the Clapham Sect to the
Bloomsbury group. This first modern edition of The Life of Sir
James Fitzjames Stephen is a volume in the OUP series Selected
Writings of James Fitzjames Stephen. It includes an introductory
essay by Hermione Lee, extensive notes, four appendices of
additional documents (many previously unpublished), and a
bibliography of Fitzjames Stephen's articles and reviews by Thomas
E. Schneider.
No occupation in America supplies a greater proportion of leaders
than law. They obviously lead law firms, but they also sit at the
helm of a vast and diverse array of businesses across America,
including 10 percent of S & P 500 firms. And of course, a
strikingly large percentage of our political leaders are attorneys,
including half the members of Congress. This raises two obvious
questions: why do we look to lawyers to lead, and why do so many of
them prove to be so untrustworthy and unprepared? In Lawyers as
Leaders, eminent law professor Deborah Rhode not only answers these
questions but crafts an essential manual for attorneys who need to
develop better leadership skills. She contends that the legal
profession attracts a large number of individuals with the ambition
and analytic capabilities to be leaders, but often fails to develop
other qualities that are essential to their effectiveness. The
focus of legal education and the reward structure of legal practice
undervalue the interpersonal skills and ethical commitments
necessary for successful leadership. Although some lawyers are
sufficiently gifted to need little reinforcement, Rhode shows that
the vast majority of law school graduates need to develop the
leadership characteristics that she profiles. They know it too.
According to one survey, almost 90 percent of attorneys stated that
their law schools did not teach them leadership skills. Given the
importance of the topic, it is surprising how little the profession
has done to develop leadership skills. The first serious treatment
of the subject, Lawyers as Leaders will be essential to law school
instructors who teach leadership courses (a growing field) and any
attorney who finds him or herself in a management position.
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 editions preserve the original texts of
these important books while presenting them in durable paperback
and hardcover 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.
This book analyses the key skills that a lawyer needs to handle a
case effectively, a topic that is not covered coherently in any
other book. At a time of rapid and wide-ranging change in the
delivery of legal services, the current edition involves a complete
reworking of the last edition to take into account the implications
of the implementation of the Jackson Review, and to see effective
litigation clearly in the context of concerns about funding, case
management by the court, costs, and the growing use of alternative
dispute resolution. The book has a strong focus on the needs of the
legal practitioner, the decisions to be taken at each stage of a
case, and the criteria to apply in making those decisions. This is
all securely based in references to relevant Civil Procedure Rules
and decided cases, with checklists and commentary to assist in the
project management of a case. The book also focuses on the skills a
lawyer needs to work effectively. This includes skills in dealing
with a client, drafting legal documents, and presenting a case in
court. Throughout the work the emphasis is on demonstrating how to
use law effectively, how to develop a case, and how to present
persuasive arguments. Lawyers operate in an increasingly complex
environment, faced with challenges in funding a case, in managing a
case to avoid sanctions, and in using complex rules to best effect.
The author addresses the use of legal knowledge and skills within
this rapidly changing context, bearing in mind not least that the
pace of change is likely to continue with the developing use of IT,
and the widening use of alternative business structures. In putting
together skills and law in a fully up-to-date context, A Practical
Approach to Effective Litigation brings together the sound
knowledge of the law and the legal skills an experienced litigator
will use to get the best results for clients in a real-world
context. It will be of use to anyone in the early years of legal
practice, experienced solicitors who have had limited involvement
with civil litigation, and those training to be a barrister or
solicitor.
A provocative, accessible, and cleverly illustrated guide to legal
principles and practice, by a law instructor and internationally
experienced attorney
This might be the most useful book law students ever read. Not because
it contains the details of case law, but because it teaches them how to
think like a lawyer. From the fundamentals of effective argument to the
principles, structures, and assumptions underlying our legal system,
101 Things I Learned in Law School makes the impenetrable clear and the
complex understandable. Illustrated lessons summarize landmark cases
and illuminate a fascinating range of questions, including:
* What is the difference between honesty and truthfulness?
* Why is circumstantial evidence often better than direct evidence?
* How does one find the proper sources to substantiate a legal argument?
* Why do states deliberately pass unconstitutional laws?
* How can testimony from a hostile witness be helpful?
Written by an internationally experienced attorney and law instructor,
101 Things I Learned in Law School is a concise, highly readable
resource for law students, graduates, professionals, and anyone else
fascinated--or confused--by our legal system.
According to the Oral History Association, the term oral history
refers to "a method of recording and preserving oral testimony"
which results in a verbal document that is "made available in
different forms to other users, researchers, and the public."
Ordinarily such an academic process would seem to be far removed
from legal challenges. Unfortunately this is not the case. While
the field has not become a legal minefield, given its tremendous
growth and increasing focus on contemporary topics, more legal
troubles could well lie ahead if sound procedures are not put in
place and periodically revisited. A Guide to Oral History and the
Law is the definitive resource for all oral history practitioners.
In clear, accessible language it thoroughly explains all of the
major legal issues including legal release agreements, the
protection of restricted interviews, the privacy torts (including
defamation), copyright, the impact of the Internet, and the role of
Institutional Review Boards (IRBs). The author accomplishes this by
examining the most relevant court cases and citing examples of
policies and procedures that oral history programs have used to
avoid legal difficulties. Neuenschwander's central focus throughout
the book is on prevention rather than litigation. He underscores
this approach by strongly emphasizing how close adherence to the
Oral History Association's Principles and Best Practices provides
the best foundation for developing sound legal policies. The book
also provides more than a dozen sample legal release agreements
that are applicable to a wide variety of situations. This volume is
an essential one for all oral historians regardless of their
interviewing focus.
How Can You Represent Those People? is the first-ever collection of
essays offering a response to the 'Cocktail Party Question' asked
of every criminal lawyer. A must-read for anyone interested in
race, poverty, crime, punishment, and what makes lawyers tick.
Transform your legal education into a successful and fulfilling
legal career In How to Be a Lawyer: The Path from Law School to
Success, a team of veteran lawyers and entrepreneurs delivers an
eye-opening discussion of how to translate your years of training
and education into a running start in the world of practice. The
book bridges the gap between law school and practice, whether you
hope to be a big firm transactional attorney, a solo criminal
lawyer, work for the government or any other legal profession.
You'll discover how you can use what you learned in law school and
how you can develop the real skills you'll need as you deal with
clients and colleagues. The authors explain what your professors
won't tell you in law school and what employers and clients will
actually expect from you. You'll also find: Case studies and guest
chapters describing the transition to major areas of law and how it
can and should affect your law school decision making Expert advice
on making your first job a successful one Guidance on how to avoid
the most common career pitfalls and client mistakes Unfiltered
opinions from clients about what they really think about lawyers An
ideal resource for aspiring and current law students and early
career lawyers, How to Be a Lawyer is the practical blueprint you
need to build your legal career from scratch.
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.
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