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Books > Law > Jurisprudence & general issues > Legal profession
In today's volatile law school environment, curriculum reform has emerged as a significant focus. It is commonly understood that law schools effectively teach certain analytical skills, but are less successful in other areas, and often scramble to adapt to evolving aims. This book demonstrates how law schools are successfully reforming their curriculum - and lays the framework to show how all schools of law can engage in a continuous reform model that proactively shapes our profession. It is expected that faculty and professional staff engaged in legal education will utilize this book as a primary resource to guide their respective reform efforts. Each contributed chapter presents a case study of a data-driven curriculum reform effort. The initial chapters set the conceptual context for the book, while the final chapter offers summative recommendations for considering legal education reform as derived from the earlier case study chapters. This book adds significantly to the literature in legal education, as we gain first hand insight into evidence based reform for the legal education community.
Could the courts really order the death of your innocent baby? Was
there an illegal immigrant who couldn't be deported because he had a
pet cat? Are unelected judges truly enemies of the people?
"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.
Step-by-step guide to preparing your dissertation, written by an author with a clear understanding of the needs of law dissertation students Takes a practical approach to planning and preparing your dissertation, including case studies, tips and worked examples to help you apply your skills to best effect in your dissertation Chapter on researching your dissertation includes a dedicated section on online research skills helping you to locate only the most reliable and authoritative of sources Explains different theoretical approaches to legal research with in-chapter activities to help you put the theory into practice. Includes a chapter on navigating supervision helping you to feel supported during your dissertation. Ideal accompaniment for students who are perhaps having fewer contact hours in the years to come. New edition includes material to help support those undertaking postgraduate research as well. Covers non-traditional as well as traditional dissertation formats, for example work experience or audio projects.
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.
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.
"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.
Konrad Morgen: The Conscience of a Nazi Judge is a moral biography of Georg Konrad Morgen, who prosecuted crimes committed by members of the SS in Nazi concentration camps and eventually came face-to-face with the system of industrialized murder at Auschwitz. His wartime papers and postwar testimonies yield a study in moral complexity.
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.
Kai Draper begins his book with the assumption that individual rights exist and stand as moral obstacles to the pursuit of national no less than personal interests. That assumption might seem to demand a pacifist rejection of war, for any sustained war effort requires military operations that predictably kill many noncombatants as "collateral damage," and presumably at least most noncombatants have a right not to be killed. Yet Draper ends with the conclusion that sometimes recourse to war is justified. In making his argument, he relies on the insights of John Locke to develop and defend a framework of rights to serve as the foundation for a new just war theory. Notably missing from that framework is any doctrine of double effect. Most just war theorists rely on that doctrine to justify injuring and killing innocent bystanders, but Draper argues that various prominent formulations of the doctrine are either untenable or irrelevant to the ethics of war. Ultimately he offers a single principle for assessing whether recourse to war would be justified. He also explores in some detail the issue of how to distinguish discriminate from indiscriminate violence in war, arguing that some but not all noncombatants are liable to attack.
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.
Pavil Gavrilovich, later Sir Paul, Vinogradoff [1854-1925] is well known in Russia principally as a historian and abroad as a legal historian and comparative lawyer. Few in either Russia or abroad are aware that Vinogradoff also wrote on public international law. This volume collects four of his most important contributions to this field: The Legal and Political Aspects of the League of Nations (1918), The Reality of the League of Nations (c. 1919), The Covenant of the League: Great and Small Powers (1919) and History of the Law of Nations, a series of six lectures delivered at the University of Leiden in 1921.
How Can You Represent Those People? is the first-ever collection of
essays offering a response to the "Cocktail Party Question" asked
of every criminal lawyer: how do you represent guilty criminals?
This unique volume salutes the work of pioneering forensic psychologist Lawrence S. Wrightsman, Jr., by presenting current theorizing and research findings on issues that define the field of psychology and law. Ongoing topics in witness behaviors, suspect identification, and juror decision making illustrate how psychology and law complement and also conflict at various stages in legal processes. The book also sheds light on evolving areas such as DNA exonerations, professional trial consulting, and jury selection strategies, and the distinct challenges and opportunities these issues present. Noted contributors to the book include Wrightsman himself, who offers salient observations on the field that he continues to inspire. Featured among the topics: The credibility of witnesses. Psychological science on eyewitness identification and the U.S. Supreme Court. False confessions, from colonial Salem to today. Identifying juror bias: toward a new generation of jury selection research. Law and social science: how interdisciplinary is interdisciplinary enough? Race and its place in the American legal system. With its diverse mix of perspectives and methodologies, The Witness Stand and Lawrence S. Wrightsman, Jr. will interest forensic researchers in academic and applied settings, as well as individuals working in the legal system, such as attorneys, judges and law enforcement personnel.
In any field whether scientific, business, or social ethics plays a critical role in determining what is acceptable in a particular community and what is considered taboo. The source of these preconditions is often a complex interweaving of tradition and rational thought. Socio-Cybernetic Study of God and the World-System investigates morality in a socio-scientific worldview, examining the epistemology of existence in conjunction with Islamic monotheistic law to generate a world-system that governs action and reaction in the context of a variety of cognitive and social environments. Readers with backgrounds in finance and economics can utilize this book to construct a more thorough theoretical understanding of their societal and professional associations."
According to the Oral History Association, the term oral history refers to "a method of recording and preserving oral testimony" which results in a verbal document that is "made available in different forms to other users, researchers, and the public." Ordinarily such an academic process would seem to be far removed from legal challenges. Unfortunately this is not the case. While the field has not become a legal minefield, given its tremendous growth and increasing focus on contemporary topics, more legal troubles could well lie ahead if sound procedures are not put in place and periodically revisited. A Guide to Oral History and the Law is the definitive resource for all oral history practitioners. In clear, accessible language it thoroughly explains all of the major legal issues including legal release agreements, the protection of restricted interviews, the privacy torts (including defamation), copyright, the impact of the Internet, and the role of Institutional Review Boards (IRBs). The author accomplishes this by examining the most relevant court cases and citing examples of policies and procedures that oral history programs have used to avoid legal difficulties. Neuenschwander's central focus throughout the book is on prevention rather than litigation. He underscores this approach by strongly emphasizing how close adherence to the Oral History Association's Principles and Best Practices provides the best foundation for developing sound legal policies. The book also provides more than a dozen sample legal release agreements that are applicable to a wide variety of situations. This volume is an essential one for all oral historians regardless of their interviewing focus.
Haliburton Fales 2d, former President of the New York State Bar Association and senior partner in the law firm White & Case, has been centrally, until recently, involved during his professional life of the past half century in the on-going changes that have swept through American Law. These changes, no less profound than parallel and similar changes in American society at large, are described in this engaging account of the joys of trying cases. Fales takes the reader behind closed doors at the firm, into judges' chambers, and to government and industry-sponsored roundtables of the 1980's and 90's. From this, a larger story emerges, namely that of the development of corporate law as seen by an American trial lawyer, an evolution from an enterprise primarily local into one that is immensely powerful, broadly diversified, and increasingly global.
Every year, thousands of people seek asylum in the United States because they have been persecuted in other countries due to their race, religion, nationality, social group, or political opinion. In seeking refuge and protection, these immigrants must rely on the American court system to help them achieve safety from the great harm they have suffered. In her unique and compelling judicial memoir, Susan Yarbrough, a former US immigration judge, highlights five significant asylum cases that she heard and decided during almost eighteen years on the benchcases that profoundly changed her not only as a judge, but also as a person. Yarbrough recounts heartrending testimony described against the background of the countries in which the persecution took place, following each account with personal reflections on how she was emotionally and spiritually transformed by each person who testified. From Josue Maldonado, persecuted in El Salvador because of his religion, to Daniel Quetzal, an Indian from Guatemala who was tied naked to a pole and tortured because of his political opinion, the cases that the author shares provide an unforgettable glimpse into the lives of courageous people who risked everything for peace and freedom in the United States. Bench-Pressed is the story of five asylum seekers and the judge who was irrevocably changed by the intersection of her life with theirs. |
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