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Books > Law > Jurisprudence & general issues > Legal profession
A PIONEER IN AMERICAN LEGAL EDUCATION In 1817 David Hoffman published A Course of Legal Study, an ambitious, systematically organized program of readings for aspiring attorneys. It was widely acclaimed upon publication; Joseph Story said it offered "by far the most perfect system for the study of the law which has ever been offered to the public." Hoffman published this book while helping to establish the Law Institute of the newly founded University of Maryland. He expounded the principles of the Course in his lectures. A few were published as pamphlets to promote Hoffman's ideas and attract students. In 1837 he re-published them, along with a few related texts, in a book entitled Introductory Lectures, And Syllabus of a Course of Lectures, Delivered in the University of Maryland. The Law Library of the Library of Congress holds the only known copy. Life, Letters and Lectures returns this rare volume to print and adds an illuminating biographical sketch of Hoffman and a consideration of his library that reprints an auction catalogue of his books prepared for his estate by Henry Wheaton. DAVID HOFFMAN 1784-1854] was a prominent pioneer in the establishment of university-based legal education. He helped to found the University of Maryland Law School in 1816 and was its first professor. His A Course of Legal Study (1817) and Legal Outlines (1829) played a critical role in the development of law school curricula and provided guidance to hundreds of antebellum law students and attorneys. BILL SLEEMAN is the Assistant Director for Technical Services, Thurgood Marshall Law Library, The University of Maryland School of Law.
This open access book provides a snapshot of the state of contemporary access to justice in England and Wales. Legal aid lawyers provide a critical function in supporting individuals to address a range of problems. These are problems that commonly intersect with issues of social justice, including crime, homelessness, domestic violence, family breakdown and educational exclusion. However, the past few decades have seen a clear retreat from the tenets of the welfare state, including, as part of this, the reduced availability of legal aid. This book examines the impact of austerity and related policies on those at the coalface of the legal profession. It documents the current state of the sector as well as the social and economic factors that make working in the legal aid profession more challenging than ever before. Through data collected via the Legal Aid Census 2021, the book is underpinned by the accounts of over 1000 current and former legal aid lawyers. These accounts offer a detailed demography and insight into the financial, cultural and other pressures forcing lawyers to give up publicly funded work. This book combines a mixture of quantitative and qualitative analysis, allowing readers a broad appreciation of trends in the legal aid profession. This book will equip readers with a thorough knowledge of legal aid lawyers in England and Wales, and aims to stimulate debate as to the fate of access to justice and legal aid in the future.
Jose Francisco Torres was born and raised "up the river" above Trinidad, Colorado and his life spanned from the cowboy days of the late 1800s to the technological era of the late 1900s. Despite the security of his home in the rural Spanish community, there was something lacking: opportunity and respect for his people from the outside world. Early on, he conceived the notion that this was wrong, that he and his people deserved better and, as a child, he felt prompted to do something about it. The question became what and how? Discrimination was everywhere and he had neither money nor support to assist him. But with faith and determination, and to the dismay of his parents, he set out to prove it could be done. Refused entry into law school because of his background, he refused to be stopped by the rejection. This chronicle of the hardships, gains, setbacks and wins in the life of this man details what he felt and what he accomplished in his lifelong battle against prejudice and for equality. In the process, he lost his first love, battled a deadly disease, crossed with the Ku Klux Klan, gained a law degree, defended the poor and disadvantaged, married his Crusita and reared three children, took on the political establishment, joined every civic good cause that came his way, and became the Honorable J. Frank Torres, "the only honest judge we ever had " Lois Gerber Franke was born and reared on an eastern Colorado ranch where she learned to ride, rope and shoot. She graduated from the University of Colorado and has completed studies from other institutions. After college she lived and worked at jobs in San Francisco and Washington, D.C. She married Paul, an engineer, and lived at Grand Lake, Colorado where she learned trout fishing. The family then moved to Santa Fe, New Mexico where she did city planning before settling into a career of teaching high school English and Journalism and coaching the table tennis team. Lois has three grown children and is a compulsive reader who likes horses, dogs, puns, cribbage, lilacs and rainy days. This book springs from her friendship with an intrepid and unforgettable neighbor.
Lawyers have to adapt their reasoning to the increasingly global nature of the situations they deal with. Often, rules formulated in a national, international or European environment must all be jointly applied to a given case. This book seeks to make explicit the analysis the lawyer engages in every time he or she is confronted by the operation of several laws in different contexts. This reasoning is organised according to a basic three-step approach, consisting of the comparison (Part 1), combination (Part 2) and, finally, ordering or 'prioritization' (Part 3) of the methods and solutions of national, international and European law to be used to solve the case. The book conveys in detail how the law is operated through a wide range of concrete examples cutting across domains including criminal law, contract law, fundamental rights, internal market, international trade and procedure. This book focuses on the needs of a global lawyer who must reach conclusions in a pluralistic context. Illustrations from the domestic case law of the UK, Germany, Belgium, Italy, Spain, France and the US are used to demonstrate how lawyers can combine different contexts to improve their legal reasoning. Operating Law in a Global Context will appeal to lawyers in these jurisdictions and beyond, as well as to students training to practice in a global environment.
'They have built a dam across the rivers of justice and then they complain of the drought in the field below.' - With these stinging words W. Clarke Durrant III, then Chairman of the Legal Services Corporation, admonished the American Bar Association in 1987 for its use of monopoly prices to exclude less affluent Americans from access to civil justice.The Right to Justice reviews the history of legal services in the US from its origins in the 1890s to the multi-million dollar Federal program of the late 20th century. But this is no ordinary text. Charles Rowley skilfully shows how government transfers tend to be dissipated in competitive rent-seeking by special interest groups, that much of what is left tends to be subverted to the agendas of the more powerful groups and that the residuals tend to be inefficiently managed by a poorly monitored and ideologically motivated supply bureaucracy. The upshot is that customer preferences play little or no role in the allocation of resources within the legal services budget. In a veritable tour de force, Charles Rowley places the US Federal legal services program on the scholarly rack of public choice - which analyses individual behaviour in terms of universal self-seeking motivations in a political market. He offers a convincing unique explanation of the forces that have subverted a well meaning attempt to assist poor Americans into a co ordinated attack on the central institutions of the family, capitalism and of Madisonian Republicanism which together constitute the essence of the American dream.
The UK's Society of Legal Scholars originally known as the Society of Public Teachers of Law was created in 1909. The Society was fortunate to survive its first half century since it had few members, lacked financial resources, and was weak in influence. In comparison with other university disciplines, the academic field of law enjoyed a fragile status and was often held in low esteem by barristers and solicitors. At times, the Society was caught up in problems of its own making, such as refusing to admit women until the late 1940s. But there were also moments of excitement and achievement, and years filled with hope and new ideas. The establishment of the Journal of the Society of Public Teachers of Law in the 1920s was an important achievement for legal scholars. During the social revolution of the 1960s, the Society continued to function as a rather sedate gentleman's club, gathering at its annual conference to socialize, rather than to engage in academic debate. The 1970s saw a sustained drive from its Young Members' Group to create a new, more serious organization with better conferences and more effective decision-making processes. The Society evolved slowly, but the process accelerated in the 1990s, with members encouraged to reinforce their intellectual contribution to the discipline and act as a central point for policy debate within the legal academic community. Here, at the start of the 21st century, the Society, now with nearly 3,000 members, has come a long way from its small beginnings. The Society of Legal Scholars celebrates its 100th anniversary this year and, with this book, looks back on the Society's creation and history.
A compilation of Washington, DC, attorney Jacob Stein's essays about lawyers, judges, clients, literature, and popular culture. The essays in this volume have previously appeared in Washington Lawyer, American Scholar, the Times Literary Supplement, and Wilson Quarterly. From the Author: About the Author: He is senior editor of Litigation magazine. He is adjunct professor at Georgetown U. Law School, where he teaches an advanced course in the Federal Rules of Evidence. He also has participated in many continuing education programs and has taught in the Harvard Law School trial practice course from 1974 through 1983. He is past president of the District of Columbia Bar and of the Bar Association of the District of Columbia. He served as chairman of the Local Rules Committee of the U. S. District Court for the District of Columbia. Mr. Stein is a Fellow of the American College of Trial Lawyers. Complete Table of Contents and links to past articles at LegalSpectatorAndMore.com
There is a broad consensus amongst law firms and in-house legal departments that next generation "Legal Tech" - particularly in the form of Blockchain-based technologies and Smart Contracts - will have a profound impact on the future operations of all legal service providers. Legal Tech startups are already revolutionizing the legal industry by increasing the speed and efficiency of traditional legal services or replacing them altogether with new technologies. This on-going process of disruption within the legal profession offers significant opportunities for all business. However, it also poses a number of challenges for practitioners, trade associations, technology vendors, and regulators who often struggle to keep up with the technologies, resulting in a widening regulatory "gap." Many uncertainties remain regarding the scope, direction, and effects of these new technologies and their integration with existing practices and legacy systems. Adding to the challenges is the growing need for easy-to-use contracting solutions, on the one hand, and for protecting the users of such solutions, on the other. To respond to the challenges and to provide better legal communications, systems, and services Legal Tech scholars and practitioners have found allies in the emerging field of Legal Design. This collection brings together leading scholars and practitioners working on these issues from diverse jurisdictions. The aim is to introduce Blockchain and Smart Contract technologies, and to examine their on-going impact on the legal profession, business and regulators.
Medicine, Power, and the Law demonstrates that criminal and civil justice interact with medicine and public health more than is presently understood. The book focuses on the role of healthcare practitioners and an array of other professionals across industries in identifying wrongdoers, reporting behavior, and testifying on behalf of the state or government agencies. It also covers circumstances in which law enforcement relies on medicine for evidence or support in ways that compromise medical ethics. By reporting or testifying as experts, a range of people, from specialist pediatricians to flight attendants, can have a life-changing impact on individuals in the name of public health or medicine. People who work in hospitals, social work settings, and even airlines, often contribute to wrongful and aggressive criminal and civil actions against society's most vulnerable people, including parents, older adults, and people living with poverty. The book explores a number of examples, including police use of medicine as a restraint or the collection of blood as evidence and the risks of opting out of certain scientific discoveries, such as pharmaceuticals. It describes the harms that may come to those who engage in suboptimal but generally heretofore legal child-raising behaviors, and people opting to live independently as older adults. These can lead to civil and criminal charges when noticed by those in a position of power. Medicine, Power, and the Law is an important contribution for researchers and practitioners in medicine, the law, and the expanding field of bioethics.
Playing in the Sandbox is a practical guide for the soon-to-be and new lawyer, outlining the situations they will likely encounter during their legal career. Charles J. Goldman is an experienced attorney who presents each topic in an easy-to-read and engaging manner. The information that he provides applies to sole practitioners and midsize and large firms as well. While the chapters have humorous headings, the humor is not a reflection of the authors opinion of the practice of law, as he has a great respect and admiration for the Law, the majority of its practitioners, judges, and support personnel as well. Rather, it is through humor that he effectively presents the topics that can make or break a new lawyer. His chapters include: * Dont go into the Alamo the Day Before the Mexicans Come Over the Wall * Courtesy Counts * Write What You Mean and Mean What You Write * When in Doubt, Dont Remember the Advice, Stop, Look, & Think * Dont Research for an Hour When a One Minute Phone Call Will Get You the Answer ]among others. is a wise investment in your career as a successful and savvy lawyer
THIS BOOK MAKES CLEAR HENRY S. MANLEY'S STATURE AS A SIGNIFICANT FIGURE REGARDING NEW YORK STATE AND, MORE BROADLY, UNITED STATES, LEGAL AND NATIVE AMERICAN HISTORY AND SCHOLARSHIP. Henry S. Manley made legal history, was a skilled chronicler of history, and lived a life that reflected many facets of his far-ranging interests and capabilities. In "Henry S. Manley (1892 - 1967) His Life and Writings: Early Pilot, Constitutional Lawyer, Innovative Farmer and Native American History Specialist" the editors, HSM's direct descendants, present a substantial portion of his published and unpublished works in the fields of law, history, aviation, farming and genealogy replete with photographs and the editors' own explanatory notes. A highlight of this book is a complete reprint of HSM's seminal and long out-of-print 1932 book "The Treaty of Fort Stanwix, 1784" as well as several of his articles on Native American history. Here, too, are some of his equally important legal articles, including "Nebbia Plus Fifteen," about the strategy he employed in successfully arguing the landmark "Nebbia v New York" case before the U.S. Supreme Court (decision handed down March 1934); and his wry and much admired "Mr. Justice Per Curiam," originally appearing under the title "Nonpareil Among Judges." Published for the first time, are HSM's evocative, and in one instance, somewhat harrowing, accounts of his experiences as a U.S. Army Air Corps pilot-trainee and, later, an instructor of pilots in Texas and Illinois during World War I. Available to the general public for the first time is his well-researched and sometimes humorous "Manley Family, New England and New York, 1650-1950." Included in the book is the 1926 correspondence between Benjamin N. Cardozo, one of America's greatest judges, and HSM in which the former stated, "I have found your briefs very helpful and suggestive. You say things in an original way. A mind has been at work, and not a hand with scissors and paste pot." Readers are likely to agree with the cogency of that statement when they delve into HSM's writing.
Prince of Peace: A Memoir of an African-American Attorney, Who Came of Age in Birmingham During the Civil Rights Movement
This study explores the socio-legal context of economic rationality in the legal and judicial systems. It examines the meaning and relevance of the concept of efficiency for the operation of courts and court systems,seeking to answer questions such as: in what sense can we say that the adjudicative process works efficiently? What are the relevant criteria for the measurement and assessment of court efficiency? Should the courts try to operate efficiently and to what extent is this viable? What is the proper relationship between 'efficiency' and 'justice' considerations in a judicial proceeding? To answer these questions, a conceptual framework is developed on the basis of empirical studies and surveys carried out mainly in the United States, Western Europe and Latin America. Two basic ideas emerge from it. First, economic rationality has penetrated the legal and judicial systems at all levels and dimensions, from the level of society as a whole to the day-to-day operation of the courts, from the institutional dimension of adjudication to the organizational context of judicial decisions. Far from being an alien value in the judicial process, efficiency has become an inseparable part of the structure of expectations we place on the legal system. Second, economic rationality is not the prevalent value in legal decision-making, as it is subject to all kinds of constraints, local conditions and concrete negotiations with other values and interests. |
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