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Books > Law > Jurisprudence & general issues > Legal profession > General
This edition makes Susskind's highly-acclaimed and best-selling book available in paperback, and includes a new and substantial preface by the author. His prize-winning book demonstrates why the future of the law is digital. It shows why and how IT is radically altering and will alter further the practice of law and the administration of justice. Beyond automating and streamlining traditional ways of providing legal advice, IT is re-engineering the entire legal process, resulting in legal products and information services focused on dispute pre-emption rather than dispute resolution, and legal risk management rather than legal problem solving. With easy and inexpensive access available, IT will help to integrate the law with business and domestic life. This book explores the implications, opportunities, and challenges presented by the information society as it irrevocably changes how law will be practised and justice administered.
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.
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 book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others - an essential skill in this fast changing world of shifting power dynamics and rising nationalism.
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Criminal Litigation is a comprehensive guide to the criminal justice process in Ireland and its evidential and procedural rules. It profiles the obligations of the state and the rights of the accused at all stages of the trial process for summary and indictable crime, at all court levels, in a framework that reflects the criminal justice process from arrest to trial and beyond. Effective practice knowledge is linked with regulatory crime, juvenile justice, road traffic offences, the ECHR, and European Arrest Warrants. The book's content has been extensively revised for the fourth edition, and it now includes a new chapter on victims' rights in Ireland, incorporating the Victims' Rights Directive. It also takes into account recent changes with respect to advising clients in Garda custody, forensic and DNA evidence, bail application processes and suspended sentences. Criminal Litigation is essential reading for trainee solicitors studying this subject on the Professional Practice Course and an excellent resource for Irish legal practitioners and other actors in the criminal justice system.
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.
This book provides the first comprehensive analysis of globalization's impact on the Brazilian legal profession. Employing original data from nine empirical studies, the book details how Brazil's need to restructure its economy and manage its global relationships contributed to the emergence of a new 'corporate legal sector' - a sector marked by increasingly large and sophisticated law firms and in-house legal departments. This corporate legal sector in turn helped to reshape other parts of the Brazilian legal profession, including legal education, pro bono practices, the regulation of legal services, and the state's legal capacity in international economic law. The book, the second in a series on Globalization, Lawyers, and Emerging Economies, will be of interest to academics, lawyers, and policymakers concerned with the role that a rapidly globalizing legal profession is playing in the development of key emerging economies, and how these countries are integrating into the global market for legal services.
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."
There are shelves of memoirs about overcoming the death of a
parent, childhood abuse, rape, drug addiction, miscarriage,
alcoholism, hustling, gangbanging, near-death injuries, drug
dealing, prostitution, or homelessness. You have in your hands the strange, heart-wrenching, and
exhilarating tale of a woman named Cupcake. It begins as the story
of a girl orphaned twice over, once by the death of her mother and
then again by a child welfare system that separated her from her
stepfather and put her into the hands of an epically sadistic
foster parent. But there comes a point in her preteen years--maybe
it's the night she first tries to run away and is exposed to drugs,
alcohol, and sex all at once--when Cupcake's story shifts from a
tear-jerking tragedy to a dark comic blues opera. As Cupcake's
troubles grow, so do her voice and spirit. Her gut-punch sense of
humor and eye for the absurd, along with her outsized will, carry
her through a fateful series of events that could easily have left
her dead.
Also available as a Random House AudioBook and eBook. "From the Hardcover edition."
Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, David M. Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life. During his time on the Court of Appeals for the Second Circuit (1959-1986), Judge Friendly was revered as a conservative who exemplified the tradition of judicial restraint. But he demonstrated remarkable creativity in circumventing precedent and formulating new rules in multiple areas of the law. Henry Friendly, Greatest Judge of His Era describes the inner workings of Friendly's chambers and his craftsmanship in writing opinions. His articles on habeas corpus, the Fourth Amendment, self-incrimination, and the reach of the state are still cited by the Supreme Court. Dorsen draws on extensive research, employing private memoranda between the judges and interviews with all fifty-one of Friendly's law clerks-a veritable Who's Who that includes Chief Justice John R. Roberts, Jr., six other federal judges, and seventeen professors at Harvard, Yale, Stanford, and elsewhere. In his Foreword, Judge Richard Posner writes: "David Dorsen has produced the most illuminating, the most useful, judicial biography that I have ever read . . . We learn more about the American judiciary at its best than we can learn from any other . . . Some of what I've learned has already induced me to make certain changes in my judicial practice."
Much has changed in the ten years since the publication of the first edition of Women-at-Law. But, unfortunately, much has also stayed the same. Women are still confronting issues of promotions and equal pay, while also struggling to maintain a healthy work/life balance. But no woman is alone in the legal profession, and Women-at-Law, Second Edition is the guide that proves it. Author Phyllis Epstein has interviewed over 500 women lawyers of all ages, backgrounds, and lifestyles nationwide to address how women today are meeting the challenges of competing in the legal profession without sacrificing their home and family lives as well. This updated edition includes: * Wisdom and experience from women lawyers sharing their life experiences* Taking a time out from a legal careerand making a comeback* The intricacies and rewards of juggling a personal and professional life* If the option of part-time work is right, and how to make it work* Updated research on topics like attrition of women lawyers, schedule demands, and the unique focus women can bring to the profession Women-at-Law provides women with ideas and suggestions about how to deal with their professional and personal goals and challenges and make the compromises required to "have it all"even when "having it all" can be different for each individual. You'll learn that, with some effort, a woman can redirect her career, home life, and interests in the long journey that is a successful life.
In the summer of 2008 Kimberley Motley quit her job as a public defender in Milwaukee to join a program that helped train lawyers in war-torn Afghanistan. She was thirty-two at the time, a mother of three who had never travelled outside the United States. Through sheer force of personality, ingenuity and perseverance, Kimberley became the first foreign lawyer to practise in Afghanistan and her work swiftly morphed into a mission - to bring 'justness' to the defenceless and voiceless. She has established herself as an expert on its fledgling criminal justice system, able to pivot between the country's complex legislation and its religious laws in defence of her clients. Her radical approach has seen her successfully represent both Afghans and Westerners, overturning sentences for men and women who've been subject to often appalling miscarriages of justice. Inspiring and fascinating in equal measure, Lawless tells the story of a remarkable woman operating in one of the most dangerous countries in the world.
A Drink at the Bar: A memoir of crime, justice and overcoming personal demons is the witty, opinionated and revealing memoirs of Judge Graham Boal QC, a criminal barrister for thirty years before serving as a judge for nine years until his retirement as a Permanent Judge at London's Central Criminal Court, the Old Bailey, in 2005. Boal's career highlights included his being the legendary George Carman's junior in the Liberal leader Jeremy Thorpe's trial for conspiracy to murder in 1979, leading for the Crown at the Appeal of the Birmingham Six in 1991 and becoming First Senior Treasury Counsel. His memories of key cases in his career are fascinating but his day-to-day experiences, and the underlying legal issues and happenstance, are every bit as revealing and interesting. Boal has been described as 'clubbable', a man who enjoys cricket, golf and life in a Norfolk village, but as his brilliant career progressed he found himself increasingly dependent on the demon alcohol. He went into treatment for alcoholism and depression in 1993, and has been a recovering alcoholic ever since, including his years as a judge at the Old Bailey, the court at which most of the most serious criminal cases in the country are tried. This intriguing memoir reveals the many inside stories of classic criminal cases and the author is unstinting in his analysis of his professional achievements and personal struggles. This will be an essential read for all those interested in legal and political issues and the toll that the pressures of high office can put on one's personal life and wellbeing. The author is now a trustee and board member of WDP, a leading addiction charity.
Human Rights Law provides trainee and practising solicitors with a comprehensive overview of human rights law and the sources of human rights protection in Ireland. The book lays out the foundations of human rights law and considers the protections afforded at national, European and international level, charting the integration of the ECHR into Irish law and the role of the UN. Featuring chapters on due process, liberty, freedom of expression, equality and the right to life and bodily integrity, it offers a unique discussion of key human rights from the perspectives of Irish, ECHR and EU law. Useful guidance on refugee and immigration law is also provided. This fourth edition has been fully updated to cover all recent legislative changes and case law. The manual's thorough approach and practical focus make it an essential reference not only for trainee solicitors on the Professional Practice Courses, but also for students, academics and practitioners in the field.
Law is best interpreted in the context of the traditions and cultures that have shaped its development, implementation, and acceptance. However, these can never be assessed truly objectively: individual interpreters of legal theory need to reflect on how their own experiences create the framework within which they understand legal concepts. Theory is not separate from practice, but one kind of practice. It is rooted in the world, even if it is not grounded by it. In this highly original volume, Allan C. Hutchinson takes up the challenge of self-reflection about how his upbringing, education, and scholarship contributed to his legal insights and analysis. Through this honest examination of key episodes in his own life and work, Hutchinson produces unique interpretations of fundamental legal concepts. This book is required reading for every lawyer or legal scholar who wants to analyse critically where he or she stands when they practice and study 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.
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. |
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