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Books > Law > Jurisprudence & general issues > Legal profession > General
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.
The studies in this volume use ethnographic, ethnomethodological, and sociolinguistic research to demonstrate how legal agents conduct their practices and exercise their authority in relation to non-expert participants and broader publics. Instead of treating law as a body of doctrines, or law and society as a relationship between legal institutions and an external society, the studies in this volume closely examine law at work: specific legal practices and social interactions produced in national and international settings. These settings include courtrooms and other tribunals, consultations between lawyers and clients, and media forums in which government officials address international law. Because law is a public institution, and legal actions are publicly accountable, technical law must interface with non-expert members of the public. The embodied actions and interactions that comprise the interface between professional and lay participants in legal settings therefore must do justice to legal traditions and statutory obligations while also contending with mundane interactional routines, ordinary reasoning, and popular expectations. Specific chapters examine topics such as family disputes in a system of Sharia Law; rhetorical contestations about possible violations of international law during a violent conflict in the Middle-East; the transformation of a courtroom hearing brought about by the virtual presence of remote witnesses relayed through a video link; the practices through which written records are used to mediate and leverage a witness's testimony; and the discursive and interactional practices through which authorized parties use legal categories to problems with individual conduct. Each chapter shows that it makes a profound difference to the way we understand the law when we examine its meaning and application in practice.
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.
Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.
Both lionized and vilified, Claire L'Heureux-Dube has shaped the Canadian legal landscape - and in particular its highest court. Only the second woman on the Supreme Court of Canada, L'Heureux-Dube anchored her approach to cases in their social, economic, and political context. This compelling biography takes a similar tack, tracing the experience of a francophone woman within the male-dominated Quebec legal profession - and within the primarily anglophone world of the Supreme Court. In the process, Constance Backhouse enhances our understanding of the Canadian judiciary, the creation of law, the Quebec socio-legal environment, and the nation's top court.
This book is about the role of lawyers in constructing a just society. Its central objective is to provide a deeper understanding of the relationship between lawyers' commercial aims and public aspirations. Drawing on interdisciplinary and comparative perspectives, it explores whether lawyers can transcend self-interest to meaningfully contribute to systems of political accountability, ethical advocacy and distributional fairness. Its contributors, some of the world's leading scholars of the legal profession, offer evidence that although justice is possible, it is never complete. Ultimately, how much - and what type of - justice prevails depends on how lawyers respond to, and reshape, the political and economic conditions in which they practise. As the essays demonstrate, the possibility of justice is diminished as lawyers pursue self-regulation in the service of power; it is enhanced when lawyers mobilize - in the political arena, workplace and law school - to contest it.
Employability Skills for Law Students is designed to help you: * identify the academic, practical and transferable skills that can be developed whilst studying for a law degree; * recognise the value of those skills to employers (within both law and non-law professions); * identify any gaps in your skills portfolio; * maximise opportunities to develop new skills through participation in a range of activities; * effectively demonstrate your skills to potential employers; * improve your employability prospects on graduation from university. Whether you are in your first year or your last, this book will ensure you make the most of your time at university, developing skills inside and outside the lecture theatre, so that you are in the best possible position to pursue your chosen career on graduation - as a solicitor, barrister, or a completely different profession. An interactive Online Resource Centre provides a range practical activities designed to give you opportunities to practise and receive feedback upon the skills you are developing.
The New Lawyer analyzes the profound impact changes in client needs and demands are having on how law is practised. Most legal clients are unwilling or unable to pay for protracted litigation and count on their lawyers to pursue just and expedient resolution. These clients are transforming the role of lawyers, the nature of client service, and the principles of legal practice. In this fully revised edition of the now classic text, Julie Macfarlane outlines how lawyers can meet new expectations by committing to lawyer-client collaboration, conflict resolution advocacy, and revised financial structures so that the legal profession can remain relevant in this rapidly changing environment.
The New Lawyer analyzes the profound impact changes in client needs and demands are having on how law is practised. Most legal clients are unwilling or unable to pay for protracted litigation and count on their lawyers to pursue just and expedient resolution. These clients are transforming the role of lawyers, the nature of client service, and the principles of legal practice. In this fully revised edition of the now classic text, Julie Macfarlane outlines how lawyers can meet new expectations by committing to lawyer-client collaboration, conflict resolution advocacy, and revised financial structures so that the legal profession can remain relevant in this rapidly changing environment.
Maria Isabel Medina's chronicle of Loyola University New Orleans College of Law examines the prominent Jesuit institution across its hundred-year history, from its founding in 1914 through the first decade of the twenty-first century. With a mission to make the legal profession attainable to Catholics, and other working-class persons, Loyola's law school endured the hardships of two world wars, the Great Depression, the tumult of the civil rights era, and the aftermath of Hurricane Katrina to emerge as a leader in legal education in the state. Exploring the history of the college within a larger examination of the legal profession in New Orleans and throughout Louisiana, Medina provides details on Loyola's practical and egalitarian approach to education. As a result of the school's principled focus, Loyola was the first law school in the state to offer a law school clinic, develop a comprehensive program of legal-skills training, and to voluntarily integrate African Americans into the student body. The transformative milestones of Loyola University New Orleans College of Law parallel pivotal points in the history of the Crescent City, demonstrating how local culture and environment can contribute to the longevity of an academic institution and making Loyola University New Orleans College of Law a valuable contribution to the study of legal education.
Waterlow's annual Solicitors' and Barristers' Directory is the principal reference for legal professionals in England and Wales Obtain detailed listings for legal professionals, firms and chambers in a well-indexed, easy to cross-reference directory.
"Duncan Kennedy's critique of legal education now gets the wide distribution it deserves. Kennedy's insightful skewering of legal education, supplemented by his own reflections on the work and views of other legal educators, will provide prospective law students with a flavor of what they are in for-- and will remind lawyers of what they went through. Kennedy's message is as important today as it was two decades ago when he first penned this work."--"Mark Tushnet, Georgetown University" "Duncan Kennedy's little red book has become a classic. But now with its republication twenty years later, Kennedy's 'polemic against the system' takes us beyond its origins as a field guide to legal education. Amplified by the voices of other distinguished scholars, this stunning collection of essays forces us to consider the ways in which hierarchies and their resulting social alienation disfigure contemporary society, not just our law schools."--"Lani Guinier, Harvard University" "Kennedy's book remains one of the defining blows of critical legal studies and an enduring challenge to the entire structure of legal education. It remains as vital, incisive and daring as when it first appeared."--"Scott Turow, author of One L: The Turbulent True Story of a First Year at Harvard Law School." "An important founding text in the history of critical approaches to law taken by scholars located in law schools."--"The Law and Politics Book Review" In 1983 Harvard law professor Duncan Kennedy self-published a biting critique of the law school system called Legal Education and the Reproduction of Hierarchy. This controversial booklet was reviewed in several major law journals--unprecedented for aself-published work--and influenced a generation of law students and teachers. In this well-known critique, Duncan Kennedy argues that legal education reinforces class, race, and gender inequality in our society. However, Kennedy proposes a radical egalitarian alternative vision of what legal education should become, and a strategy, starting from the anarchist idea of workplace organizing, for struggle in that direction. Legal Education and the Reproduction of Hierarchy is comprehensive, covering everything about law school from the first day to moot court to job placement to life after law school. Kennedy's book remains one of the most cited works on American legal education. The visually striking original text is reprinted here, making it available to a new generation. The text is buttressed by commentaries by five prominent legal scholars who consider its meaning for today, as well as by an introduction and afterword by the author that describes the context in which Kennedy wrote the book, including a brief history of critical legal studies.
In this penetrating new book, Deborah L. Rhode goes beyond the commonplace attacks on lawyers to provide the first systematic study of the structural problems confronting the legal profession. A past president of the Association of American Law Schools and senior counsel for the House Judiciary Committee during Clinton's impeachment proceedings, Rhode brings an insider's knowledge to the labyrinthine complexities of how the law works, or fails to work, for most Americans and often for lawyers themselves.
Sir Matthew Hale (1609-76) was the best-known judge of the Commonwealth under Oliver Cromwell, but he nonetheless rose to be Lord Chief Justice under King Charles II. His constitutional ideas are of interest both to lawyers and to historians of political thought; but he also wrote extensively on scientific and religious questions, in ways that illustrate the birth of early Enlightenment attitudes to both. This book surveys all aspects of Hale's work, and supplies fresh perspectives on revolutionary developments in science and religion, as well as politics.
The first Hispanic and third woman appointed to the United
States Supreme Court, Sonia Sotomayor has become an instant
American icon. Now, with a candor and intimacy never undertaken by
a sitting Justice, she recounts her life from a Bronx housing
project to the federal bench, a journey that offers an inspiring
testament to her own extraordinary determination and the power of
believing in oneself.
The authors look at how divorce lawyers actually work to address the question of legal professionalism in practice. Through a detailed and systematic study of legal practice at the micro level, they show how lawyers create their own controls over work through their social relationships, formal and informal norms, common knowledge, and shared values. While much of the research on legal professionalism centers on the formal standards of the bar as reflected in codes of professional responsibility, Mather et al. show how the discretionary judgments that lawyers make, and the choices they face, are actually understood in relation to norms and standards of other lawyers with whom they interact or compare themselves.
The authors look at how divorce lawyers actually work to address the question of legal professionalism in practice. Through a detailed and systematic study of legal practice at the micro level, they show how lawyers create their own controls over work through their social relationships, formal and informal norms, common knowledge, and shared values. While much of the research on legal professionalism centers on the formal standards of the bar as reflected in codes of professional responsibility, Mather et al. show how the discretionary judgments that lawyers make, and the choices they face, are actually understood in relation to norms and standards of other lawyers with whom they interact or compare themselves.
Whether you're considering law school or are already committed, "The Law School Decision Game: A Playbook for Prospective Lawyers" explains your choice to enter the legal profession with the candor readers have come to expect from Ann Levine's Law School Expert blog including: What lawyers do, how much money they make, and how hard they work. What's important in choosing a law school. What BigLaw is really like. What to consider before taking on student loan debt in today's job market. What you can do now to increase your likelihood of getting hired later. What is important in choosing an area of specialization. What you need to know and do in law school and in the first few years of your career to set yourself up for success. "Law school admissions directors are going to hate this book, but it's critical for potential lawyers who wish to make an informed decision about their careers before they spend three long years in law school and potentially a lifetime paying off their debt. I know many miserable law students and even more unhappy lawyers who I am sure wish they had read this book before ever taking the LSAT." Spencer Aronfeld, Esq., author of "Make It Your Own Law Firm."
"This is an adoring photo history that wonderfully shows Ginsburg in her private life as well as public."--Publishers Weekly On the 25th anniversary of her appointment to the Supreme Court, this unofficial pictorial retrospective celebrates and honors the barrier-breaking achievements of Ruth Bader Ginsburg--the "Notorious RBG." Featuring a foreword by Mimi Leder, award-winning filmmaker and director of the upcoming major motion picture about RBG, On the Basis of Sex, starring Felicity Jones, Armie Hammer, Kathy Bates, Justin Theroux, and Sam Waterston (set to release on Christmas Day, 2018). Not only does Ruth Bader Ginsburg possess one of the greatest legal minds of our time, she has become an admired pop culture icon. In 2018, Ginsburg celebrates her 25th anniversary as a justice of the Supreme Court. With 130 photographs, inspiring quotes, highlights from notable speeches and judicial opinions, and insightful commentary--plus a foreword by Mimi Leder--this gorgeously illustrated book pays tribute to RBG, whose work on behalf of gender equality, and whose unprecedented career itself, indelibly changed American society. The Unstoppable Ruth Bader Ginsburg covers her formative years growing up in Brooklyn; her time at Cornell University and at Harvard and Columbia Law Schools; her marriage and partnership with husband, Marty; her landmark cases; and the prejudice she overcame to reach the pinnacle of her field as the second woman to ascend to the country's highest court. It also highlights the many "firsts" she achieved--including her becoming the first female tenured professor at Columbia Law School and cofounding the first Women's Rights Project for the ACLU--while becoming a true American icon and pop culture sensation celebrated in the award-winning documentary RBG and the 2018 feature film about her origins, On the Basis of Sex. |
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