The Lives and Works of Eminent Jurists From the Last Two Thousand Years. Written by a team of eminent scholars under the auspices of the Association of American Law Schools, this highly readable book covers the lives and chief works of selected eminent Classical, Continental and English jurists including Gaius, Papinian, Ulpian, Bartolus, Alciati, Cujas, Gentili, Hugo Grotius, Selden, Hobbes, Zouche, Pufendorf, Vico, Bynkershoek, Montesquieu, Pothier, Vattel, Beccaria, Bentham, Mittermaier, Savigny and Jhering. Originally published in the Continental Legal History Series. (1914). Contains: GAIUS by James Crawford Ledlie PAPINIAN by E.C. Clark DOMITIUS ULPIAN by James Crawford Ledlie BARTOLUS by the late Sir William Ratigan ANDREA ALCIATA AND HIS PREDECESSORS by Coleman Phillipson ALBERICUS GENTILIS by Coleman Phillipson FRANCIS BACON, BARON VERULAM by James E.G. De Montmorency HUGO GROTIUS by the late Sir William Ratigan JOHN SELDEN by Edward Manson THOMAS HOBBES by James E.G. De Montmorency RICHARD ZOUCHE by Coleman Phillipson JEAN BAPTISTE COLBERT by H.A. De Colyar GOTTFRIED WILHELM VON LEIBNITZ by Sir John MacDonell SAMUEL VON PUFENDORF by Coleman Phillipson GIOVANNI BATTISTA VICO by Michael Rafferty CORNELIUS VAN BYNKERSHOEK by Coleman Phillipson CHARLES LOUIS DE SECONDAT, BARON DE LA BREDE ET DE MONTESQUIEU by Sir Courtenay Ilbert ROBERT JOSEPH POTHIER by James E.G. De Montmorency EMERICH DE VATTEL by Coleman Phillipson CAESAR BONESANA, MARQUIS DI BECCARIA by T. Bridgwater WILLIAM SCOTT, LORD STOWELL by Norman Bentwick JEREMY BENTHAM by John Maxcy Zane CAROL JOSEPH ANTON MITTERMAIER by Levin Goldschmidt FRIEDRICH CAN VON SAVIGNY by James E.G. De Montmorency RUDOLPH VON IHERING by Sir John MacDonell"

This critical report provides the most up-to-date and detailed guide to the practical, regulatory and ethical considerations that must be reflected in your partnership agreement. Extensively revised, the second edition features new case studies and real-life examples, including a sample agreement precedent and comprehensive updates to reflect how new legal and regulatory developments will affect your deed. Key subjects covered include: *The impact of the Legal Services Act on partnership agreements; *Discrimination in partnerships, in particular, age discrimination; *Outcomes-focused regulation; *New business structures; *Distressed partnerships; *Current trends in mergers; *Profit-sharing arrangements and management structures: *The equality system *Profit share by capital contribution *Seniority (lockstep) *Merit or performance systems *Hybrid profit sharing systems *Retirement annuities *Performance measurement, supervision and disciplinary measures; *De-equitisation: provisions for expulsion from the partnership; *Expulsion, retirement and dissolution; *Good faith, arbitration and mediation; *Drafting for the future, avoiding early revisions and much more - Ensure you understand the necessary considerations of an agreement that not only fulfils legislative requirement, but ensures the attraction, retention and motivation of the best talent for your firm.

Innovation. How to go about it, what it can do for your business - what even is it? Can innovation be applied in the legal environment? Such is the interest and appetite for legal innovation that, in the last 18 months, ARK has published over a dozen titles with innovation in their remit, covering everything from knowledge management to pricing, from marketing to recruitment, and everything in between. This compilation deep-dives into the key areas that drive innovation forward in the legal profession, combining the views and experiences of 14 leaders in their fields.

In a highly competitive fee-focused environment, project management can be your law firm's lifeline. Project Management for Lawyers report provides a structured approach to planning, pricing and managing legal work that will boost profitability and deliver superior value to your clients. It aims to: *Demonstrate the value of applying project management to a legal practice; *Explain basic project management principles and how to apply them within your law firm; *Provide a simple legal project management framework; *Describe key tools and techniques to support the framework; *Discuss legal project management as a pricing and business development strategy; *Show how lawyers can manage matter profitability and demonstrate value to clients; *Guide lawyers in overcoming the challenges in managing a matter profitably (time, scope and cost); and, *Share practical advice on how to develop and implement a legal project management programme within your firm. Real-life in-depth case studies provide valuable insight into the successful legal project management programmes of Dechert LLP, Eversheds LLP, Seyfarth Shaw LLP and McCarthy Tetrault. A case study from the Royal Bank of Canada is also included to provide the a client's perspective on the value of legal project management. Project Management for Lawyers also comes with a complimentary CDRom packed with useful forms, templates, checklists and frameworks that can be used immediately in planning and executing your own project management programme. These include: *A generic work plan; *A sample staffing profile; *A sample agenda for a project kick-off meeting; *A sample roles and responsibilities sheet; *A client satisfaction review questionnaire; *A project risk log; *A sample change request form; *A sample monitoring worksheet; *An example of an agenda for a lessons learned session; *An example of how to calculate leverage on matter profitability; *A completed monitoring worksheet; and *A work plan for an asset purchase.

In the modern era, businesses have developed a complex relationship with the society surrounding them. While the effects of business activity are clearly seen, their direct impact varies from country to country. Comparative Perspectives on Global Corporate Social Responsibility is a pivotal reference source for the latest scholarly research on the accountability contemporary businesses face for the environmental, social, and economic impacts that they create. Highlighting the variant expressions between developed and developing countries, this book is ideally designed for graduate students, professionals, practitioners, and academicians interested in furthering their knowledge on corporate social responsibility.

..".You thought that we actually take the rules seriously? No way, not in the world of fear and compromise that we rattle around in. ... Rules and principals are useful to us, just like great teeth, a pretty face and a mouth full of promises are useful to a politician... Lawyers are concerned with results, judges are concerned with clearing cases from their dockets, and cities are concerned with image. Principles like what's right and what's wrong often take a back seat to those priorities. Alex Zouzoulas, Courtroom Confidential

Governments often act in the name of security to protect their citizenries. For example by legislation or by the recruitment and employment of large numbers of armed personnel to detect and prosecute violent crime, or via engagements in military interventions to repel or pre-empt foreign attacks. These practices are often taken to have strong moral justifications. The value of security is linked to the value of life and the disvalue of violence and injury, and all of these are central both to theoretical accounts of and common sense views about the difference between right and wrong. The essays in this volume seek to increase our understanding of state action in the name of security and take a range of viewpoints and approaches. Some articles attempt to delimit the concept of security, or dispute attempted delimitations; some consider security as a 'good' and ask what sort of good it is, and how valuable; whilst others consider the relation between state action in the name of security and state action in the name of other goods, notably liberty, or consider ethical issues in health security, climate security and cybersecurity. Overall, this collection of essays shows how appeals by governments to the value of security have grown out of relatively recent events and processes at a global level, such as the response to pandemics, the acceleration of climate change, and counter-terrorism. The volume features an introductory essay and forms part of a five-volume series on legal ethics and the enforcement of law.

The advancement of technologies in the 20th century has radically transformed the interconnectedness of humans, science, and technology within an evolving society. Evolving Issues Surrounding Technoethics and Society in the Digital Age serves as an interdisciplinary base of scholarly contributions on the subject of technoethics, a field that deals with current and future problems that arise at the intersection of science, technological innovation, and human life and society. This premier reference work leverages ethical analysis, risk analysis, technology evaluation, and the combination of ethical and technological analyses within a variety of real life decision-making contexts, appealing to scholars and technology experts working in new areas of technology research where social and ethical issues emerge.

The authors present the first objective and carefully documented study of this new occupation and explore its development, operations, and future prospects, as well as its significance for both the legal services delivery system and the consuming public. Drawing on extensive field research involving both paralegals and lawyers, the authors compare the different settings in which paralegals are employed and the characteristics of their training and organizations, how they function on the job, and what controls are maintained by the lawyers for whom they work. The authors discuss bureaucratization of legal offices--weighing the claims of efficiency against the need to maintain a professional standard in the delivery of legal services--and trace the significance of both professionalism and bureaucracy in the evolution of the paralegal occupation. Finally, they look at present trends and the possible future role of paralegals, offering recommendations on how to improve the utilization of paralegal services.

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.

This study examines judicial leadership in court reform, tying biography, political science, social psychology, law, and history into court reform at the local level through the case of a nationally known jurist and reformer--Judge George Nicola of New Jersey. The work provides an important examination, in depth and over time, of true leadership in the courts and of the exceptionally innovative programs developed by Judge Nicola. The author also addresses two fundamental issues which lie at the heart of court reform and judicial leadership: the perplexing question of whether a judicial system so bound by tradition as that of the United States can be changed from within; and whether judicial leadership provides the best and most fruitful opportunity for changing this institution. This volume will be of interest to scholars of political science, American government, the judiciary, and the practice of law.

This unique book offers a practical guide to deconstructing judgments for the purpose of fair criticism and appeal. It shows how judgments are written and examines the style and language of judges expressing judicial opinion. It will assist experienced practitioners, newly appointed recorders and tribunal chairman. The work is founded upon independent research in the form of interviews conducted with judges at every level from deputy district judge to Lords of Appeal in ordinary, and the practical application of existing academic material more usually devoted to the structure and analysis of wider prose writing. It is illustrated by reference to reported judgments, both well-known and obscure, of the past 100 years. Contents include: .The nature of judgment .How to read a judgment .The use of language in judicial opinion .Argument and legal logic .Fair criticism .Writing judgments .How judges decide .The appellate judgment .Problems with law reporting .Judicial style The author is a practising barrister in the UK and a Professor of Mediation for a US university.

Within the European Union there is considerable diversity in morally sensitive issues like legal recognition of same-sex relationships or reproductive matters, such as abortion, assisted human reproduction (AHR) and surrogacy. States generally expressly claim recognition of such diversity and it is explicitly respected at European level, even though the (implicit) influence of European law is increasingly visible in these areas.Cross-border movement within the EU adds a new dimension to this complex picture. It implies that States are increasingly confronted by (the consequences of) one another's regimes. For example, same-sex couples residing in one EU Member State claim recognition of their marriage concluded in another Member State, or women from Member States with restrictive abortion regimes resort to States with more liberal regimes. This research explores this cross-border dimension, identifies a number of pressing questions and provides insight into the interests that are at stake in such situations.This volume firstly investigates what if any standard-setting is in place in three national jurisdictions (Ireland, Germany and the Netherlands) as well as in the relevant European jurisdictions (EU law and the ECHR) in respect of reproductive matters and legal recognition of same-sex relationships, and how this has developed over time. This analysis inter alia provides insight into what considerations and interests play or have played a role in legislative debates and case-law, in what respects the regimes studied differ, and how European law has influenced national standard-setting. It furthermore provides the necessary basis for the subsequent analysis of how the relevant jurisdictions respond to cross-border movement in these areas and how they interact. While, for example, States sometimes appear to ward off cross-border movement in these areas to protect their national moral standards, in other situations they choose to or are obliged under European law to accommodate such mobility in order to protect the interests of vulnerable parties involved. This research thereby observes and clarifies the dynamics in decision-making regarding these issues, analysing and explaining how various areas and levels of law interact.

Are you involved in making decisions in court, a tribunal, or another formal decision-making environment? This book gives guidance in the skills required to reach and deliver well-structured judicial decisions. The authors (all of whom have extensive judicial and quasi-judicial experience across England and Wales) guide the readers on the skills required at each stage of a hearing, including: ensuring there is a fair hearing; standards and conduct for decision-makers; successful communication; taking into account the needs of vulnerable participants and litigants in person; case management; assessing evidence; and reaching and delivering a well-structured decision. The book includes practical guidance, examples, and short exercises to help the reader engage with the issues discussed and understand the skills required. Having this book to hand will enable you to make effective and fair decisions that inspire confidence.

Retired Justice Macklin Fleming argues that in its quest for money, the legal profession has lost sight of its true tasks and responsibilities, with the result that the profession is rife with client dissatisfaction, public distrust, and individual lawyer discontent. Money is now the measure of success, he says, and honesty has been diluted, while fiduciary responsibility has eroded. Fleming elaborates his case with unusual rigor. In the quest for the brass ring of financial success, corner-cutting, absence of candor, and distortions of fact have become increasingly tolerated, to the extent that clients, the public, and lawyers themselves no longer have a sense of trust and confidence in the legal profession. Obviously, changes are needed, and unless they come from within the firms themselves, lawyers can be sure that they will come from individuals, agencies, and organizations outside these firms. Attorneys in all kinds of practices, their clients in all sectors of the economy, and academics concerned with the practice of law in all its dimensions will find Fleming's book informative, challenging, and certainly provocative reading.

Fleming starts by examining what he sees as a paradox: a large increase in lawyers' fees despite a fourfold increase in lawyer numbers and a threefold increase in their proportion of the general population. What happened to the law of supply and demand? he asks. After tracing the history of the large corporate law firm and its dominance within the profession, he shows how cost-effectiveness within large firms has declined while at the same time what he calls the magic of the emperor's new clothes has suspended the law of supply and demand. He discusses excessive legal fees, their resistance to client and court controls, and relates his discussion to the present pervasive distrust of lawyers among the public. Fleming outlines the four existing challenges to business-as-usual by lawyers and law firms, and then ventures his own analysis of the needed future changes in law firms. These include professional law firm management under a less archaic structure, effective integrity and quality controls, cost-controlled delivery of legal services, and increased job satisfaction for its working lawyers.

"Provides a richly documented history of Weinfeld's personal and professional life."
--" The Law and Politics Book Review"

"This book leaves Weinfeld, as most of his social circle doubtless found him: an admirable and highly accomplished man whose deeper self remained a mystery, perhaps to him as much as to anyone else."--"Trial"

In Pursuit of Right and Justice chronicles the life of the United States District Court's Judge Edward Weinfeld, from his humble Lower East Side origins to his distinction as one of the nation's most respected federal judges. Judge Edward Weinfeld's personal growth and socio-economic mobility provides an excellent illustration of how Catholics and Jews descended from turn-of-the-century immigrants were assimilated into the mainstream of New York and American life during the course of the twentieth century. Weinfeld left a rich collection of personal papers that William E. Nelson examines, which depict the compromises and sacrifices Weinfeld had to make to attain professional advancement. Weinfeld's jurisprudence remained closely tied to his own personal values and to the historical contexts in which cases came to his court.

Nelson aptly describes how Weinfeld strove to avoid making new law. He tried to make decisions on preexisting rules or bedrock legal principles; he achieved just results by searching for and finding facts that called those rules into play. Weinfeld's vision of justice was simultaneously a liberal one that enabled him to develop law that reflected societal change, and an apolitical one that did not rest on contested policy judgments.

It is a sine qua non of legal practice that lawyers should not allow themselves to act for two clients whose interests may,potentially, conflict. However, this principle is being placed under increasing pressure, the main reasons for this being increased demand for specialist legal services, the globalisation of commerce, a dramatic growth in the size of leading law firms, and significantly greater mobility within the legal profession. As a result, there is a growing trend, especially within the commercial legal environment, for solicitors to face conflicts of interest which have no easy solution. Increasingly, conflicts are being 'managed', rather than avoided altogether. This is a field within which the Law Society's own rules are flouted on a daily basis, and in which these rules appear increasingly at odds with the common law. Based on extensive interviews with lawyers and their clients, this book provides the first thorough consideration of how conflicts of interest are handled within law firms. It will be essential reading to all those who have an interest in professional legal ethics, including law students, legal scholars, practitioners, and regulators.

"In this well-written and carefully documented book Professor Gottlieb contends that the conservative direction of this court is so strong that it is impossible for the poor and less fortunate to receive proper consideration and, ultimately, redress."
"--New York Law Journal"

We like to think of judges and justices as making decisions based on the facts and the law. But to what extent do jurists decide cases in accordance with their own preexisting philosophy of law, and what specific ideological assumptions account for their decisions?

Stephen E. Gottlieb adopts a unique perspective on the decision-making of Supreme Court justices, blending and re-characterizing traditional accounts of political philosophy in a way that plausibly explains many of the justices' voting patterns.

A seminal study of the Rehnquist Court, Morality Imposed illustrates how, in contrast to previous courts which took their mandate to be a move toward a freer and/or happier society, the current court evidences little concern for this goal, focusing instead on thinly veiled moral judgments. Delineating a fault line between liberal and conservative justices on the Rehnquist Court, Gottlieb suggests that conservative justices have rejected the basic principles that informed post-New Deal individual rights jurisprudence and have substituted their own conceptions of moral character for these fundamental principles.

Morality Imposed adds substantially to our understanding of the Supreme Court, its most recent cases, and the evolution of judicial philosophy in the U.S.