In 1936 Piero Calamandrei, an Italian lawyer and law professor, published Elogio dei Giudici Scritto da un Avvocato, a wry collection of maxims, anecdotes and observations on the nature of the legal process. Translated in 1946 as Eulogy of Judges, Written by a Lawyer, it gradually acquired a reputation among sophisticated legal circles as the best lawyer's book ever written. Written by a self-described member of the "Piero Calamandrei Freemasonry Society," Eulogy of Lawyers revives the spirit of its great predecessor while shifting the focus to the other side of the bench. Preface by Bryan A. Garner, President, Law Prose, Inc.; Distinguished Research Professor of Law, Southern Methodist University, Dallas, Texas; Editor, current editions of Black's Law Dictionary. "Stein is a rare breed: a superb, noted advocate - one of the finest of his day - who is also a literary essayist. I can think of only two comparable predecessors: Lord Brougham and Clarence Darrow." --Bryan A. Garner, Preface, xii-xiii. Jacob A. Stein has, for over 60 years, conducted a trial practice. He has been an adjunct professor at American University Law School, George Washington University Law School, and Georgetown University Law School where he has taught for the last 21 years. He has been president of the District of Columbia Bar. He has served on various judicial committees connected with the Federal Judiciary. He was appointed in 1985 to serve as the United States Independent Counsel to inquire as to the suitability of the President's choice as Attorney General of the United States. His articles have appeared in The American Scholar, Times Literary Supplement, The Washington Post, The Wilson Quarterly, the Washington Lawyer, the Green Bag, Litigation, and other publications. His books include Legal Spectator & More (2003), The Law of Law Firms (1994), Closing Argument: The Art and the Law (1969) and other titles.

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.

Defeasibility, most generally speaking, means that given some set of conditions A, something else B will hold, unless or until defeating conditions C apply. While the term was introduced into philosophy by legal philosopher H.L.A. Hart in 1949, today, the concept of defeasibility is employed in many different areas of philosophy. This volume for the first time brings together contributions on defeasibility from epistemology (Mikael Janvid, Klemens Kappel, Hannes Ole Matthiessen, Marcus Willaschek, Michael Williams), legal philosophy (Frederick Schauer) and ethics and the philosophy of action (Claudia Bloeser, R. Jay Wallace, Michael Quante and Katarzyna Paprzycka). The volume ends with an extensive bibliography (by Michael de Araujo Kurth).

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.

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.

"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.

Judicial errors, deliberate or otherwise, often cause damage to litigants. Sometimes the damage suffered by the litigant is irreversible. In England and many other common law countries the injured person will normally have no redress because of the privilege of immunity from suit enjoyed by judges. This result also normally follows when the complaint is against the actions of someone acting in a quasi-judicial capacity. The situation then raises a number of questions, including questions about civil rights, the redress of wrongs, and the whole foundation of judicial independence. As more people resort to the courts and other judicial tribunals for the resolution of their disputes the question of the proper approach to injurious judicial errors becomes more important, especially since every participant in judicial proceedings is a potential victim. This book presents an in-depth study of the substantive, procedural and theoretical issues that arise when a judge is to be sued. The material is drawn mainly from English and American Federal case law. The study however also incorporates some Canadian, Australian, and New Zealand case law.

The essays in this text deal with aspects of British legal learning. It traces the tradition of learning dating back to the Middle Ages and how the inns of court provided the equivalent of a legal university. The essays describe how before the middle of the 19th-century there was little formal provision of legal education in Britain and that law in the ancient universities was not intended to have practical value and entrance to the bar was not dependent upon written examination.

This third edition provides thoroughly updated information on the status of women in all aspects of the U.S. criminal justice system, from incarcerated women to professionals in the legal, law enforcement, and correctional fields. While concentrating on the present, Clarice Feinman traces changes in theories, goals, practices, and policies concerning women of different racial, ethnic, and socioeconomic backgrounds--be they offenders, professionals, or reformers--since 1800, with a focus on why changes occurred. This unique text is an important tool for filling gaps in information, continuity, and understanding of issues affecting women in the up-hill battle to transform this male-dominated system.

Since the first edition of this popular text was published in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. Newly revised and updated, Law, Politics, and the Judicial Process in Canada, 4th Edition provides an introduction to the issues raised by the changing political role of Canadian judges. It includes over 40 new readings, including two all-new chapters on the Harper Conservatives and Aboriginal Law. Addressing current controversies, including the Canadian Judicial Council's investigations into Justice Robin Camp and Lori Douglas and the Trudeau Government's re-introduction of the Court Challenges Program, this book strives for competing perspectives, with many readings juxtaposed to foster debate. Taking a critical approach to the Charter of Rights and Freedoms and the growth of judicial power, editors F.L. Morton and Dave Snow provide an even-handed examination of current and ongoing issues. Law, Politics, and the Judicial Process in Canada, 4th Edition is the leading source for students interested in the Charter of Rights and Freedoms and the growth of judicial power in Canada.

Experience the multimedia and view the links featured in the book at lawondisplay.com

Visual and multimedia digital technologies are transforming the practice of law: how lawyers construct and argue their cases, present evidence to juries, and communicate with each other. They are also changing how law is disseminated throughout and used by the general public. What are these technologies, how are they used and perceived in the courtroom and in wider culture, and how do they affect legal decision making?

In this comprehensive survey and analysis of how new visual technologies are transforming both the practice and culture of American law, Neal Feigenson and Christina Spiesel explain how, when, and why legal practice moved from a largely words-only environment to one more dependent on and driven by images, and how rapidly developing technologies have further accelerated this change. They discuss older visual technologies, such as videotape evidence, and then current and future uses of visual and multimedia digital technologies, including trial presentation software and interactive multimedia. They also describe how law itself is going online, in the form of virtual courts, cyberjuries, and more, and explore the implications of law's movement to computer screens. Throughout Law on Display, the authors illustrate their analysis with examples from a wide range of actual trials.

"Charles A. Shaw" grew up in a segregated African-American neighborhood in St. Louis. His tight-knit community supported him, and he was inspired to become first a teacher and then a lawyer. From there, he worked his way up to federal prosecutor and state judge before President Bill Clinton appointed him to the federal bench.

Shaw quickly became dismayed by the inequality and severity of mandatory U.S. sentencing guidelines and how they affected young African-American men. Prosecutors opposed him at every turn as he sought to impose fair sentences, but he never wavered in seeking to promote equality and curb the destruction of African-American families.

This insightful and at times humorous narrative demonstrates Shaw's love for family, hard work, and God. Including an insider's view of an often unjust legal system, tales of working alongside some of the best legal minds in the country, and challenges to prevailing concepts, "Watch Everything" offers a rare glimpse into the professional life of an unconventional federal judge.

This book examines cooperation among rival partners in a Northeastern US corporate law firm. Members are portrayed as interdependent entrepreneurs who build social niches in their firm, and both cultivate and mitigate status competition among themselves. This behaviour generates informal social mechanisms that help a flat organization to govern itself. The resulting theory of the collegial organization generalizes its results to partnerships, larger multinational professional services firms, and collegial pockets in flattening bureaucracies.