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Books > Law > Jurisprudence & general issues > Legal profession
The Mindful Law Student is an innovative guide to learning about
mindfulness and integrating mindfulness practices into the law
school experience. Through the use of metaphor, insight,
mindfulness practices, and relaxation, and self-care exercises,
students are reminded of the tools they have long carried with them
to navigate the exciting and challenging environment of law school
and the practice of law. Scott Rogers brings readers on a journey
through the law school experience with seven hypothetical students
who experience situations that make tangible the challenges,
benefits, and promise of mindfulness. He provides real-world
examples of applying mindfulness in law school using language of
the law to impart mindfulness insights and practices. This novel
guide is an approachable and valuable resource for any law student.
This timely Research Handbook offers significant insights into an
understudied subject, bringing together a broad range of
socio-legal studies of medicine to help answer complex and
interdisciplinary questions about global health - a major challenge
of our time. Interdisciplinary chapters explore both how the
terrain of medicine can generate new questions about law,
regulation and the state, and how the law intersects with health
and medicine at every level. Bringing together leading
international scholars, the Research Handbook assembles concrete
case studies to suggest avenues for further research on socio-legal
inquiries, such as the construction of disorders by law, the
reparation of injuries, and how race and gender impact justice. The
Research Handbook for Socio-Legal Studies of Medicine and Health
will be an inspiring read for researchers, academics and graduate
students in the fields of health law, socio-legal studies, and
gender and sexuality. Contributors include: P. Arcidiacono, J.
Barbot, L. Barrera, E. Bernheim, E. Brennan, B. Can, E. Chiarello,
E. Cloatre, V. De Greef, N. Dodier, A. Doll, J. Edwards, A.-M.
Farrell, J.A. Hamilton, R. Harding, J. Harrington, H.R. Hlavka,
C.W.-L. Ho, K. Hoeyer, I. Iyioha, M.-A. Jacob, V. Karavas, A.
Kirkland, J. Metzl, D. Moore, C. Morrill, L. Mulcahy, S. Mulla, T.
Phillips, J. Piemonte, R. Singh, M. Suchman, M. Thomson, S.
Westwood
Globally, countries are faced with a complex act of statecraft: how
to design and defensible complaints and discipline regime. In this
collection, contributors provide critical analyses of judicial
complaints and discipline systems in thirteen diverse
jurisdictions, revealing that an effective and legitimate regime
requires the nuanced calibration of numerous public values
including independence, accountability, impartiality, fairness,
reasoned justification, transparency, representation, and
efficiency. The jurisdictions examined are Australia, Canada,
China, Croatia, England and Wales, India, Italy, Japan, the
Netherlands, Nigeria, Poland, South Africa, and the United States.
The core findings are four-fold. First, the norms and practices of
each discipline regime differ in ways that reflect distinct social,
political, and cultural contexts. Second, some jurisdictions are
doing better than others in responding to challenges of designing a
nuanced and normatively defensible regime. Third, no jurisdiction
has yet managed to construct a regime that can be said to
adequately promote public confidence. Finally, important lessons
can be learned through analysis of, and critically constructive
engagement with, other jurisdictions. The first comprehensive
comparative collection on judicial discipline systems, Disciplining
Judges, will inspire new conversations among academics, students,
judges, governmental officials and political scientists.
When is a gift not a gift? When it's a bribe. For many, corporate
hospitality oils the wheels of commerce. But where do you draw the
line? Bribes, incentives and inducements are not just a matter of
used banknotes stuffed in brown envelopes. Expenses, corporate
settlement of personal bills, gifts and hospitality can all be used
to influence business partners, clients and contractors. Can you
afford unlimited fines? Under the Bribery Act 2010, a maximum of
ten years' imprisonment and an unlimited fine may be imposed for
offering, promising, giving, requesting, agreeing, receiving or
accepting bribes. With such strict penalties, it's astonishing that
so few companies have few or no measures in place to ensure that
they are not liable for prosecution. This is especially astonishing
as the Ministry of Justice's Quick start guide to the Bribery Act
makes it clear that "There is a full defence if you can show you
had adequate procedures in place to prevent bribery." Such
procedures can be found in BS 10500:2010, the British Standard for
anti-bribery management systems (ABMSs). How to implement an ABMS
An Introduction to Anti-Bribery Management Systems (BS 10500)
explains how to implement an ABMS that meets the requirements of BS
10500, from initial gap analysis to due diligence management: * An
introduction to BS 10500 * An explanation of an ABMS * Management
processes within an ABMS * Implementing an ABMS * Risk assessment
in due diligence * Whistleblowing and bribery investigations *
Internal auditing and corrective action * Certification to BS 10500
It provides helpful guidance on the importance of clearly defining
policies; logging gifts and hospitality in auditable records;
ensuring a consistent approach across the organisation; controls
for contractors; facilitation payments; charitable and political
donations; risk assessment in due diligence; whistle-blowing and
bribery investigations; and internal auditing and corrective
action. Meet the stringent requirements of the Bribery Act Not only
will a BS 10500-compliant ABMS help your organisation prove its
probity by meeting the stringent requirements of the Bribery Act,
it can also be adapted to most legal or compliance systems. An
ethical approach to business is not just a legal obligation but a
way to protect your reputation. About the author Alan Field, MA,
LL.B (Hons), PgC, MCQI CQP, MIIRSM, AIEMA, GIFireE, GradIOSH is a
Chartered Quality Professional, an IRCA Registered Lead Auditor and
member of the Society of Authors. Alan has particular expertise in
auditing and assessing anti-bribery management systems to BS 10500
and public-sector counter-fraud systems to ISO9001. Alan has many
years' experience with quality and integrated management systems in
the legal, financial, property services and project management
sectors in auditing, assessment and gap analysis roles. Your
company's integrity is important. An Introduction to Anti-Bribery
Management Systems (BS 10500) shows you how to maintain and prove
it.
This book examines patent law and policy in biotechnology across
the full lifecycle of the patent, focusing on the patent bargain
and the public interest. It considers the central issues of how to
strike an effective balance of rights, and whether public interest
is adequately safeguarded - two issues that are particularly
important in areas of rapidly emerging technology. Expert
contributors are brought together to explore patent eligibility in
biotechnology, focusing on the fields of precision medicine,
biofabrication and non-invasive prenatal testing. Chapters also
explore the construction and coherence of exceptions to
patentability,an examination of FRAND licensing in the context of
the internet of medical things, and the possibility of using
licensing to encourage or ensure the ethical use of patented
technologies. With its carefully constructed analysis, this book
will be an excellent resource for academic researchers, and
students, in the fields of biotechnology law, pharmaceutical law
and intellectual property law. It will also be useful for legal
practitioners and policymakers, as well as charitable bodies and
non-governmental organisations.
11 Oak Street is the true story of how the Queen's bankers, Coutts
& Co, sent two cashier's cheques to the law firm of Urie Walsh
in San Francisco with the wrong address on the envelope (11 Oak
Street instead of 1111 Oak Street), setting off a chain of events
that led to the abduction of a three-year-old child from Bristol,
England, to San Francisco, California. It is a horrifying story of
greed, ineptness, corruption, stupidity and wasted years as the
father tries to seek justice and access to his son in the midst of
a thirteen-year nightmare that even Kafka could not have thought
up. If you want to read about the seven California lawyers involved
in this story who either went to jail, were disbarred, or resigned
with charges pending, and inept judges who broke all the rules or
were disciplined, this is the book for you. This is a story that
would never have happened if those concerned had fulfilled their
duties correctly and not broken the law. If Graham Cook, the
author, had known then what he knows now, there would have been no
story and he would not have gone bankrupt, become homeless or,
through the actions of his own brother, ended up in a California
jail. This is the book the California Judges Association refused to
let the author promote to its members, since it reveals in detail
the judicial abuse by some of their past and present members whose
conduct will shock and disgust any right- minded person. The best
way to describe this book is that everything that could go wrong
went and if the internet was around at the start of the nightmare
most of what went on in this book would not have happened.This is a
book where certain people have gone to extraordinary lengths to
stop people buying and have dismally failed in their objective.
Until now, only the twelve jurors who sat in judgment were able to
appreciate these virtuoso performances, where weeks of testimony
were boiled down and presented with flair, wit, and high drama. For
five years the authors researched every archive from those of the
"L.A. Times" to the dusty stacks of the National Archives in
Washington, D.C., and readers can now lose themselves in the
summations of America's finest litigators.
Clarence Darrow saves Leopold and Loeb from the gallows in the
Roaring Twenties. Gerry Spence takes on the nuclear power industry
for the death of Karen Silkwood in a modern-day David and Goliath
struggle. Vincent Bugliosi squares off against the madness of
Charles Manson and his murderous "family" in the aftermath of their
bloody spree. Clara Foltz, the first woman to practice law in
California, argues passionately to an all-male jury, defending her
place in the courtroom. Bobby DeLaughter brings the killer of
civil-rights leader Medgar Evers to justice after thirty years and
two mistrials. Aubrey Daniel brings Lt. William Calley, Jr., to
justice for the My Lai massacre. William Kunstler challenges the
establishment after the '68 Chicago riots in his defense of yippie
leaders known as the Chicago Seven.
Each closing argument is put into context by the authors, who
provide historical background, a brief biography of each attorney,
and commentary, pointing out the trial tactics used to great effect
by the lawyers, all in language that is jargon-free for the benefit
of the lay reader.
Setting out the current rules on legal professional privilege
(LPP), with specific attention to their relevance in EU competition
investigations, this comprehensive book analyses the practice of
LPP by the European Commission and its interpretations in the
European Courts. It also compares this to practice in the EU Member
States, as well as other jurisdictions including Japan, the UK, and
the US. Key Features: An overview of the history of LPP Discussions
on the practice of LPP in the EU and globally Commentary on the
relevant case law of the EU courts in relation to LPP in EU
competition investigations Analysis of LPP in competition
investigations in the EFTA countries, EU Member States, and other
jurisdictions This book will be an essential resource for
competition practitioners – both private practitioners and
in-house counsel – as well as officials at the Commission and at
the competition authorities and enforcement agencies.
This innovative book proposes new theories on how the legal system
can be made more comprehensible, usable and empowering for people
through the use of design principles. Utilising key case studies
and providing real-world examples of legal innovation, the book
moves beyond discussion to action. It offers a rich set of
examples, demonstrating how various design methods, including
information, service, product and policy design, can be leveraged
within research and practice. Providing a forward-thinking outlook,
this book presents an in-depth examination of how a human-centred,
visual and participatory design approach can improve legal services
and outcomes. Spanning numerous fields of legal practice, from
education, housing and contracts to intellectual property, it
highlights how visuals, information design and better communication
can help prevent and solve legal problems. Chapters explore a new
vision of lawyering and its potential to encompass a more creative
and collaborative approach to legal practice. Legal Design will be
of benefit to students and scholars seeking an up-to-date analysis
of current trends related to legal design thinking and execution.
It will also be a key resource for legal practitioners,
policy-makers, government officials and business professionals
looking to deepen their understanding of the field and improve
their own design tools.
This Research Handbook offers crucial ethical perspectives on
navigating the increasingly complex and contested landscape of
contemporary energy law. Taking an interdisciplinary approach, it
brings together diverse scholarship and expertise from academia,
international organizations, legal practice and the judiciary to
address wide-ranging issues linking energy and law to ethical
drivers such as wealth, peace and war, development, climate change,
and use and abuse of natural resources. The Handbook investigates
first the governing dynamics of energy, law and ethics, providing a
conceptual overview of key topics. It then examines the ethics of
financing energy projects, renewable energy transition and climate
change mitigation. The final part is a case study of energy, law
and ethics in practice. Throughout, the Handbook draws on the vital
underlying theme of intergenerational equity, offering a toolbox of
arguments for framing the law and policies that will shape the
future of the planet. The Research Handbook on Energy, Law and
Ethics will be an essential resource for scholars and practitioners
working in all areas of energy law, particularly its intersections
with climate change, renewable energy transition and environmental
justice. Negotiators and policymakers will also find its
delineation of current debates and reference to practical
experience invaluable.
The SRA's latest report on financial stability (February 2014) said
its engagement with firms found poor financial management that
ranged from "naive to reckless". They have also seen poor practice
in the management of client accounts. This toolkit will help firms
to address those common financial issues facing many firms. This
toolkit will cover the following: What the requirement to maintain
financial stability will mean in practice for firms. What are the
danger signals and how can action be taken to remedy them? The
steps that need to be taken to take control of cash management in
order to achieve financial stability. Part of our popular toolkit
series, it will contain a mixture of draft policies, procedural
checklists and other instruments to assist practitioners in
demonstrating sound financial management. The aim is to produce a
working resource which practitioners can use to monitor the
financial health of the firm. It will form part of a series of
toolkits branded with the livery of the Risk and Compliance
Service.
This book offers both a biography of Ruth Bader Ginsburg, only the
second-ever woman appointed to the Supreme Court, and a historical
analysis of her impact. Ruth Bader Ginsburg: A Life in American
History explores Ginsburg's path to holding the highest position in
the judicial branch of U.S. government as a Supreme Court justice
for almost three decades. Readers will learn about the choices,
challenges, and triumphs that this remarkable American has lived
through, and about the values that shape the United States.
Ginsburg, sometimes referred to as "The Notorious RBG" or "RBG" was
a professor of law, a member of the American Civil Liberties Union,
an advocate for women's rights, and more, before her tenure as
Supreme Court justice. She has weighed in on decisions, such as
Bush v. Gore (2000); King v. Burwell (2015); and Masterpiece
Cakeshop v. Colorado Civil Rights Commission (2018), that continue
to guide lawmaking and politics. Ginsburg's crossover to stardom
was unprecedented, though perhaps not surprising. Where some
Americans see the Supreme Court as a decrepit institution, others
see Ginsburg as an embodiment of the timeless principles on which
America was founded. Presents well-researched, factual material in
an easy-to-understand writing style Positions Ginsburg in the
panorama of U.S. history Humanizes the U.S. government by providing
an intimate glimpse into the life of a public servant Gives readers
firsthand accounts of Ginsburg's words, beliefs, and decisions in
primary documents
On 6 April 2014 long-awaited reforms, came into force, unifying and
radically reforming the law governing enforcement agents, and
creating a new statutory procedure of commercial rent arrears
recovery. In the second edition of this popular book, highly
respected practitioners in property law and enforcement set out the
most up-to-date and comprehensive review of the new law. Coverage
includes: the new standards and certification for enforcement
agents a complete review of the Taking Control of Goods Regulations
2013 the abolition of distress for rent the introduction of
Commercial Rent Arrears Recovery (CRAR) the criminalisation of
squatting. The authors combine their authoritative review and
analysis of the law with insights into the practical impact of the
rules and regulations, uniquely illustrated by numerous examples
and practice points. The book also includes extracts from the
relevant law and regulations, and so gathers in one convenient
volume all the relevant law and guidance on enforcement and debt
recovery for property lawyers, enforcement agents, commercial
landlords, surveyors and insolvency practitioners.
The Mindful Law Student is an innovative guide to learning about
mindfulness and integrating mindfulness practices into the law
school experience. Through the use of metaphor, insight,
mindfulness practices, and relaxation, and self-care exercises,
students are reminded of the tools they have long carried with them
to navigate the exciting and challenging environment of law school
and the practice of law. Scott Rogers brings readers on a journey
through the law school experience with seven hypothetical students
who experience situations that make tangible the challenges,
benefits, and promise of mindfulness. He provides real-world
examples of applying mindfulness in law school using language of
the law to impart mindfulness insights and practices. This novel
guide is an approachable and valuable resource for any law student.
During the ''golden age of law firm growth'' from the late 1960s
until 2007, most large law firms adopted a default growth strategy,
increasing practice areas and offices, aided by the momentum of the
tail winds of law firm growth. Since the recession of 2008-2009,
however, the legal marketplace has drastically changed. The market
has become too sophisticated for undifferentiated large firms, and
in this timely book, Jay Westcott suggests strategic building
blocks that firms can adopt in order to adapt themselves to this
radical change and prosper as lasting institutions. In order to
counteract client pushback, firms must concentrate on their market
strengths, and clients will differentiate firms by price, size, and
expertise. This book will serve as a critical resource for law firm
partners and managers who are interested in developing successful,
distinctive firms. Law scholars will also be interested in this
examination of the profession and how it is changing, as will
clients and businesses.
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