This collection explores developments in the regulation of legal services by examining the control of the markets in several key countries and in jurisdictions within countries. The contributions consider emerging adjustments in regulatory structures and methods; examine the continuing role, if any, of professionals and how this may be changing; and speculate on the future of legal services regulation in each jurisdiction. The introductory and concluding chapters draw together similarities, differences and conclusions regarding directions of change in the regulation of legal services. They consider the emergence of alternatives to professionalism as a means of regulating legal services and some implications for the rule of law.

Authoritarian regimes in many countries, and the men that lead them, depend on the international management of licit and illicit funds under their control. Frank Vogl shows that curbing their activities for their kleptocratic clients is critical to secure democracy, enhance national security, and ensure international financial stability.

This book seeks to reframe our understanding of the lawyer's work by exploring how Martin Luther King, Jr built his advocacy on a coherent set of moral claims regarding the demands of love and justice in light of human nature. King never shirked from staking out challenging claims of moral truth, even while remaining open to working with those who rejected those truths. His example should inspire the legal profession as a reminder that truth-telling, even in a society that often appears morally balkanized, has the capacity to move hearts and minds. At the same time, his example should give the profession pause, for King's success would have been impossible without his substantive views about human nature and the ends of justice. This book is an effort to reframe our conception of morality's relevance to professionalism through the lens provided by the public and prophetic advocacy of Dr King.

Although recent family law debates have been predominantly paedo-centric, the founding of "bio-medically assisted families" still focuses on the individual parents' rights to reproduce. By introducing donations, the donor's genetic contribution becomes instrumental and the legal attribution of parenthood negotiated through expressed intentions. The absence of a genetic, social and legal father can only occur in single women's conceptions by choice, hence calling into question the role of the societal father.This neglects the future child's voice in private and family life issues on at least two levels: informational (lacking information about origins, often related to personal identity) and legal and functional (care provided by both parents). It furthermore emphasises the inconsistency in the treatment of "naturally" and "artificially" conceived children since the latter have restricted access to parental judicial proceedings.The conflicts between individuals in the family go beyond national family laws and become a matter of reconciling progenitors' and children's human rights. Yet the discrepancies between different civil law jurisdictions are remarkable. In addition, the sensitivity of the filiation of children conceived by sperm donation to single women requires more than legal solutions it requires an interdisciplinary approach encompassing ethics, psychology, anthropology and sociology. Moreover, by arguing and suggesting solutions the issue also becomes political. Hence, this book provokes the curious minds of lawyers, ethicists, physicians, bio-technologists and those assisting and wishing to found families. It clarifies concepts, studies the rationale behind the legal complexity in ten national European jurisdictions, and confronts the rights and responsibilities of the stakeholders, providing a balanced independent conclusion and suggestions towards international harmonisation.

A particularly important component of any research project is its ethical dimensions which can refer to varied categories of practice - from the protection of human subjects involved in medical and social research to the publication of results research. More recently, with the estimation of the possible consequences of the implementation of technology, it is important for today's researchers to address the standards of scientific practice and avoid unethical behavior. Ethics in Research Practice and Innovation is an essential reference source that discusses current and historical aspects of ethical values in scientific research and technologies, as well as emerging perspectives of conducting ethical research in a variety of fields. Featuring research on topics such as clinical trials, human subjects, and informed consent, this book is ideally designed for practitioners, medical professionals, nurses, researchers, scientists, scholars, academicians, policy makers, and students seeking coverage on the ethical risks and limitations of research practice.

Currently, the dominant enforcement paradigm is based on the idea that states deal with 'bad people' - or those pursuing their own self-interests - with laws that exact a price for misbehavior through sanctions and punishment. At the same time, by contrast, behavioral ethics posits that 'good people' are guided by cognitive processes and biases that enable them to bend the laws within the confines of their conscience. In this illuminating book, Yuval Feldman analyzes these paradigms and provides a broad theoretical and empirical comparison of traditional and non-traditional enforcement mechanisms to advance our understanding of how states can better deal with misdeeds committed by normative citizens blinded by cognitive biases regarding their own ethicality. By bridging the gap between new findings of behavioral ethics and traditional methods used to modify behavior, Feldman proposes a 'law of good people' that should be read by scholars and policymakers around the world.

Lawyer misconduct affects many people: clients, adversaries, opposing counsel, judges, the legal profession, and society at large. The records of disciplinary proceedings offer a penetrating, and largely ignored, perspective on how lawyers misbehave. Because the lawyers' professional lives are at stake, the factual records are extraordinarily detailed and the lawyers surprisingly open about their motivations and justifications.
In Lawyers on Trial, Richard L. Abel presents the stories of ten California lawyers who broke the rules: hiring an ex-cop to chase ambulances, flouting fee limitations in medical malpractice cases, creating a fictitious company and impersonating non-existent people in order to appropriate Sega's computer games, a former California Real Estate Commissioner defrauding developers and financiers, helping a represented co-defendant negotiate a plea without his lawyer's participation or knowledge, and defying a judge's sealing order and his own client's wishes for closure in order to champion the "defenseless" and "oppressed" and protect "widows and children." The book begins by showing how nearly a century of political struggle over self-regulation shapes the way the disciplinary system selects and processes cases and concludes by canvassing reforms that could improve the performance of the legal profession.
Lawyers on Trialwill be invaluable for those contemplating law school, law students and teachers of professional responsibility, continuing legal education classes, lawyers encountering ethical dilemmas in their practice or trying to understand misbehaving colleagues, members of the public thinking of retaining a lawyer, and clients dealing with their own lawyers.

Due to its scope and depth, Moore's Causation and Responsibility is probably the most important publication in the philosophy of law since the publication of Hart's and Honore's Causation in the Law in 1959. This volume offers, for the first time, a detailed exchange between legal and philosophical scholars over Moore's most recent work. In particular, it pioneers the dialogue between English-speaking and German philosophy of law on a broad range of pressing foundational questions concerning causation in the law. It thereby fulfills the need for a comprehensive, international and critical discussion of Moore's influential arguments. The 15 contributors to the proposed volume span the whole interdisciplinary field from law and morals to metaphysics, and the authors include distinguished criminal and tort lawyers, as well as prominent theoretical and practical philosophers from four nations. In addition, young researchers take brand-new approaches in the field. The collection is essential reading for anyone interested in legal and moral theory.

A legal scholar and sociologist, John Flood spent years observing a large law firm from the inside-much like an embedded journalist, but with the perspective of a researcher on the theory and practice of legal organizations. What he found and analyzed resulted in a study that has been cited by many scholars over the years as the ultimate account of the inner workings of a corporate law firm, including its relations with clients, employees, and the broader profession. Further, using four detailed case studies, he showed how the construction of legal information and problems depended heavily on the role and specialization of the lawyer and the power of the client. Now in its Second Edition, with updated references and account of the radical shifts in legal practice over the past few years in the U.S. and U.K., Flood's pathbreaking book continues to be a fascinating resource for scholars of the legal profession, as well as interested readers who want to see exposed the inner sanctum of private, big-money law practice. This edition also adds a new, reflective introduction by Lynn Mather, the SUNY Distinguished Service Professor at the University at Buffalo.

Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process. The authors argue that mediation ethics should move away from the untenable notions of mediator neutrality and impartiality and towards a focus on party self-determination. They supplement this focus with a view of mediation ethics as emerging dynamically from the efforts of mediators to respond to the unique needs and interests of the parties. This new paradigm provides the basis for a picture of the mediation profession as a community with its own internal standards of excellence, as well as a more sophisticated and realistic ethical framework for mediation practice. Academics in law, social work and psychology will appreciate the book's nuanced account of the dynamics of mediation as a dispute resolution process. Mediation practitioners, including lawyers, social workers and counselors, will find the book a practical and helpful guide to addressing ethical dilemmas. And students of mediation will benefit from the book's clear and up to date overview of the development and principles of mediation ethics.

Issues of the environment and its sustainability are linked to those of global warming, climate change and loss of biodiversity. This is so because there is a general consensus in the scientific community that the long-term shift or alteration of temperature and weather patterns both locally and globally are the result of human activities not the least those of burning of fossil fuels, deforestation, agricultural practices, land-use changes, pollution. Accordingly, questions of environmental justice arise because of the threat that anthropogenic climate change pose to our planet. This book examines these issues using as its point of departure environmental justice, where environmental justice is concerned with environmental sustainability and the equitable treatment and involvement of people of all races, cultures, incomes, and educational levels in the development, implementation, and enforcement of environmental programs, laws, rules, and policies. The book discusses, among other things, the population and consumption debate with regard to resource depletion and loss of biodiversity, problems of global policing of environmental pollution and greenhouse gas emissions by nation-states in the context of the tragedy of the commons and possible solutions to some of these problems from African and Native American philosophies and worldviews.

From the Number One bestselling author, a delicious memoir full of hilarious, personal and surprising stories from their working life in the law. * The Sunday Times Bestseller * * A BBC Radio 4 Book of the Week* 'The SB is a gifted writer. Words tumble out with extraordinary fluency . . . entertaining and instructive' - The Times __________ Just how do you become a barrister? Why do only 1 per cent of those who study law succeed in joining this mysteriously opaque profession? And why might a practising barrister come to feel the need to reveal the lies, secrets, failures and crises at the heart of this world of wigs and gowns? Nothing But The Truth is The Secret Barrister's bestselling memoir. It charts an outsider's progress down the winding path towards practising at the Bar, taking in the sometimes absurd traditions of the Inns of Court, where every meal mandates a glass of port and a toast to the monarch, to the Hunger Games-style contest for pupillage, through the endlessly frustrating experience of being a junior barrister - as a creaking, ailing justice system begins to convince them that something has to change . . . Full of hilarious, shocking and surprising stories, Nothing But The Truth tracks the Secret Barrister's transformation from hang 'em and flog 'em, austerity-supporting twenty-something to campaigning, bestselling, reforming author whose writing in defence of the law is celebrated around the globe. Asking questions about what we understand by justice and what it takes to change our minds, it also reveals the darker side of working in criminal law and how the things our justice system gets wrong are not the things most people expect. __________ 'With compassion, wit and intelligence, The Secret Barrister shows why is it that any of us plunge into the harrowing depths of criminal law' - TLS 'Masterful, compassionate and hilarious' - Adam Rutherford 'The Zorro of the criminal bar' - The Times

This is your essential guide to standards and ethics in the psychological therapies. The book introduces you to key ethical values and principles and discusses how to practice in accordance with these. An accompanying online resource website provides you with over 30 videos showing commonly arising ethical dilemmas, further reading including book chapters and journal articles, and links to ethical codes and frameworks in the UK and internationally.

Questions surrounding the concept of freedom versus security have intensified in recent years due to the rise of new technologies. The increased governmental use of technology for data collection now poses a threat to citizens' privacy and is drawing new ethical concerns. Ethical Issues and Citizen Rights in the Era of Digital Government Surveillance focuses on the risks presented by the usage of surveillance technology in the virtual public sphere and how such practices have called for a re-examination of what limits should be imposed. Highlighting international perspectives and theoretical frameworks relating to privacy concerns, this book is a pivotal reference source for researchers, professionals, and upper-level students within the e-governance realm.

How are new technologies changing the practice of law? With examples and explanations drawn from the UK, US, Canada, Australia and other common law countries, as well as from China and Europe, this book considers the opportunities and implications for lawyers as artificial intelligence systems become commonplace in legal service delivery. It examines what lawyers do in the practice of law and where AI will impact this work. It also explains the important continuing role of the lawyer in an AI world. This book is divided into three parts: Part A provides an accessible explanation of AI, including diagrams, and contrasts this with the role and work of lawyers. Part B focuses on six different aspects of legal work (litigation, transactional, dispute resolution, regulation and compliance, criminal law and legal advice and strategy) where AI is making a considerable impact and looks at how this is occurring. Part C discusses how lawyers and law firms can best utilise the promise of AI, while also acknowledging its limitations. It also discusses ethical and regulatory issues, including the lawyer's role in upholding the rule of law.

This book answers two basic but under-appreciated questions: first, how does the American criminal justice system address a defendant's family status? And, second, how should a defendant's family status be recognized, if at all, in a criminal justice system situated within a liberal democracy committed to egalitarian principles of non-discrimination? After surveying the variety of "family ties benefits" and "family ties burdens" in our criminal justice system, the authors explain why policymakers and courts should view with caution and indeed skepticism any attempt to distribute these benefits or burdens based on one's family status. This is a controversial stance, but Markel, Collins, and Leib argue that in many circumstances there are simply too many costs to the criminal justice system when it gives special treatment based on one's family ties or responsibilities.
Privilege or Punish breaks new ground by offering an important synthetic view of the intersection between crime, punishment, and the family. Although in recent years scholars have been successful in analyzing the indirect effects of certain criminal justice policies and practices on the family, few have recognized the panoply of laws (whether statutory or common law-based) expressly drawn to privilege or disadvantage persons based on family status alone. It is critically necessary to pause and think through how and why our laws intentionally target one's family status and how the underlying goals of such a choice might better be served in some cases. This book begins that vitally important conversation with an array of innovative policy recommendations that should be of interest to anyone interested in the improvement of our criminal justice system.

This unique book examines whether there is sufficient human rights accountability for undertakings supported by bilateral state development and export credit agencies. In contrast to leading international development and financial actors such as the World Bank, the accountability of bilateral development and export credit agencies has, to date, remained widely unexplored. This book analyses the effectiveness of the human rights system in allowing affected individuals to claim accountability for human rights violations resulting from bilateral development and export credit agency supported undertakings. It provides a comprehensive examination of development and export credit agencies' legal nature and explores three legal pathways open to claimants: host state responsibility, home state responsibility and corporate responsibility. Furthermore, it includes empirical data on the corporate responsibility process in seven agencies. Barbara Linder concludes that there is a significant human rights accountability gap with regards to bilateral development and export credit agency supported undertakings. The final chapters make recommendations for strengthening human rights accountability and improving access to justice for adversely affected individuals. Academics and professional lawyers working at the intersection of human rights, development cooperation and investment will find this a compelling body of work. The book provides information on existing case law, highlights human rights accountability gaps and outlines illustrative case studies that will act as a valuable point of reference.

The international community is not taking the action necessary to avert dangerous increases in greenhouse gases. Facing a potentially bleak future, the question that confronts humanity is whether the best of bad alternatives may be to counter global warming through human-engineered climate interventions. In this book, eleven prominent authorities on climate change consider the legal, policy and philosophical issues presented by geoengineering. The book asks: when, if ever, are decisions to embark on potentially risky climate modification projects justified? If such decisions can be justified, in a world without a central governing authority, who should authorize such projects and by what moral and legal right? If states or private actors undertake geoengineering ventures absent the blessing of the international community, what recourse do the rest of us have?

The Sunday Times bestseller and a BBC Radio 4 ‘Book of the Week‘ Full of hilarious and shocking stories, the Secret Barrister's memoir Nothing But The Truth tracks their transformation from hang 'em and flog 'em austerity-supporter to celebrated, campaigning, bestselling author. 'Masterful, compassionate and hilarious' – Adam Rutherford In a diary that takes us behind the scenes of their middling ambition, Nothing But The Truth charts an outsider's progress down the winding path towards practising at the Bar. By way of the painfully archaic traditions of the Inns of Court, where every meal mandates a glass of port and a toast to the monarch, and the Hunger Games-style contest for pupillage - which most don't survive - here is the brilliant reality of being a frustrated junior barrister. With a keen eye for the absurd and an obsessive fondness for Twitter, SB reveals the uncomfortable truths and darkest secrets about life in our criminal courts. _____ ‘Words tumble out with extraordinary fluency . . . entertaining and instructive’ – The Times ‘Written with compassion, wit and intelligence’ – TLS ‘Excellent . . . at once a vicious polemic, a helpful primer and a cringe-inducing account of one barrister's travails' – The Telegraph

This book proposes a new model of professional ethics enabling lawyers to advise clients upon both the law and ethics. This will better protect clients, and society, and enhance lawyers' professional obligations. The current model of legal ethics, developed in the 19th century, specified that the role of lawyers was only to interpret the law, not also to give ethical advice. This was acceptable to lawyers, clients, and society at that time. However, this is not the case now and legal ethics no longer reflects the needs of modern legal practice. This book draws on moral philosophy to present a new model of legal ethics that explains the analytical process to include ethical advice. It analyses the potential harm of the present model to the legal profession who have duties to the law and justice that may compete with demands by clients to serve them. Further, lawyers' duty to clients to act in their best interests is sometimes not adequately fulfilled as legal ethics does not permit lawyers to give ethical advice even if it may be in clients' best interests to do so. The work includes a detailed case study of corporate law practice to show why a new legal ethics is required. Other case examples are provided to demonstrate that lawyers practicing in all areas of law encounter ethical issues and they too will benefit from a new legal ethics. The book will be essential reading for students, academics, lawyers and professional bodies.

Despite its absence in the written text of the European Convention on Human Rights, the European Court of Human Rights now regularly uses the concept of autonomy when deciding cases concerning assisted dying, sexuality and reproductive rights, self-determination, fulfilment of choices and control over body and mind. But is the concept of autonomy as expressed in the ECtHR reasoning an appropriate tool for regulating reproduction or medical practice? Caring Autonomy reveals and evaluates the type of individual the ECtHR expresses and shapes through its autonomy-based case law. It claims that from a social and ethical perspective, the current individualistic interpretation of the concept of autonomy is inadequate, and proposes a new reading of the concept that is rooted in the acknowledgment and appreciation of human interdependence and the importance of interpersonal trust and care.