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.

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.

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.

In this current period of the 21st century, our workplace is more diverse than at any other point in time. This diversity is due to a broadening ethnic mix, gender representation and spread of generations. Greater mobility, socioeconomic and legislative developments account in the most part for the first two factors, but what of the third? What has caused this widening of the generational spectrum in the workplace? Historically in law firms, the older generation, in particular partners, would move toward retirement and hand over the reins to the next oldest. In today's world of work, with improved healthcare, increased life expectancy, greater knowledge of fitness, and in part historic anxiety over the effects of the global recession, there's a reluctance to rush to retirement. Specifically, here we're talking about the Baby Boomer generation, who are aged between 55 and 73 and, as the name suggests, are not in short supply. Typically schooled in a traditional hierarchical command management style they are the generation now most often faced with tackling the integration of disruptive and aspirational Gen X'ers and more technologically adept and collaborative (but considered less driven) Gen Y or Millennials. They're also now seeing the newest arrivals, Gen Z, who bring an even greater affinity to everything digital but are not quite so comfortable with matters of an interpersonal nature. It's quite a challenge and the reason why this publication delves into the differences between the generations, their influences, preferences, strengths, and weaknesses, to better understand and thereby manage the staff who fall into the respective age groupings. The consequence of older generations remaining in a post is a fascinating and yet challenging prospect. Law firms can be presented with the task of managing at least four and sometimes five different age groups. It becomes five if we add that fit and able and working who are in their mid-70s and beyond, who belong to the "silent generation". Multiple generations in one practice with the oldest holding on to the power base and ownership can create pressure points for younger, ambitious professionals seeking a stake rather than simply a "steady job". It's likely that in many law firms those appealing for a place at the partners' table will now be coming from Generation Y or Millennials aged in their early to late 30s. Millennials are considered more focused on experiences outside of work than within, but this does not hide or diminish their need for recognition and reward. Gen X'ers will mostly be in their 40s and early 50s and the majority of this group will already have established their partnership credentials. In other words, if it was going to happen for them, it's likely to have been handled one way or another. The X'ers are something of a filling in the career sandwich, with slices of Millennial below and Boomer above. There is a smaller population of Generation X and they will need to find appropriate skills and knowledge to work with their younger and older generational colleagues for mutual gain. By 2020, 50 percent of the US workforce will be made up of Millennial or the "Y" Generation; by 2030 it will be 75 percent. These Millennial employees, born between 1980 and 1996, have ridden several seismic waves of change - from political and environmental to communication and technological innovation - and this pace of change shows little sign of abating. Having experienced an ever more connected, digitally-driven world, Millennials are now moving through firms to take greater responsibility, head teams, run departments or entire businesses, and in certain cases creating their own version of a law firm. This book explores the various generations within law firms and the challenges, threats, and opportunities they face as staff deal with colleagues from younger or older groups be they Baby Boomer or Generations X, Y (Millennial) or the next wave of "Z's" as they enter the world of work.

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.

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.

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.

This book is the first monograph to analyse the workings of Scotland's legal profession in its early modern European context. It is a comprehensive survey of lawyers working in the local and central courts; investigating how they interacted with their clients and with each other, the legal principles governing ethical practice, and how they fulfilled a social role through providing free services to the poor and also services to town councils and other corporations. Based heavily on a wide range of archival sources, and reflecting the contemporary importance of local societies of lawyers, John Finlay offers a groundbreaking yet accessible study of the eighteenth-century legal profession which adds a new dimension to our knowledge of Enlightenment Scotland.

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.

Reprint of the rare 1843 edition. Tucker proposes a vigorous defense of states-rights principles in the manner of John Taylor of Caroline. A notably sophisticated argument, it balances detailed analysis of the U.S. Constitution with criticism of Joseph Story, Daniel Webster and other proponents of a powerful Federal government. Henry St. George Tucker 1780-1848] served as U.S. Congressman representing Virginia's 3rd District in the United States House of Representatives from 1815 to 1819. He studied under his father, St. George Tucker (editor of the American edition of Blackstone's Commentaries), at the College of William & Mary, and after he received his law degree, taught there himself. He was later was captain of Cavalry in the War of 1812, President of Virginia's Supreme Court of Appeals, (1831-1841) and, later in life, a prominent Professor of Law at the University of Virginia. He founded the Honor System there. Works that grew out of the classroom include Commentaries on the Laws of Virginia (1836-1837) and the present work. Tucker County, West Virginia, is named in his honor.

Dr. Martin Luther King, Jr., led the black drive for civil rights, but the changes he sought came largely in legal opinions issued by federal judges. Foremost of these was Frank Minis Johnson, Jr., of Montgomery, Alabama, who presided over some of the most emotional hearings and trials of the rights movement—hearings brimming with dramatic and poignant testimony from the black people who cried out for the freedoms that are the legacy of all Americans. Beginning with Judge Johnson’s coming-of-age in the hill country of Winston County, Alabama, this book covers many of his notable cases: the Montgomery Bus Boycott, the Freedom Rides, school desegregation, the Selma-to-Montgomery march, and the night-rider slaying of Viola Liuzzo, as well as Johnson’s work for prisoners, women, and the mentally ill. Much of the book is comprised of interviews and direct quotes from Johnson himself, making this recounting of Judge Johnson’s life dynamically autobiographical. Includes a new introduction and afterword by the author, Frank Sikora.