The essays in Erotic Justice address the ways in which law has been implicated in contemporary debates dealing with sexuality, culture and `different' subjects - including women, sexual minorities, Muslims and the transnational migrant. Law is analyzed as a discursive terrain, where these different subjects are excluded or included in the postcolonial present on terms that are reminiscent of the colonial encounter and its treatment of difference. Bringing a postcolonial feminist legal analysis to her discussion, Kapur is relentless in her critiques on how colonial discourses, cultural essentialism, and victim rhetoric are reproduced in universal, liberal projects such as human rights and international law, as well as in the legal regulation of sexuality and culture in a postcolonial context. Drawing her examples from postcolonial India, Ratna Kapur demonstrates the theoretical and disruptive possibilities that the postcolonial subject brings to international law, human rights, and domestic law. In the process, challenges are offered to the political and theoretical constructions of the nation, sexuality, cultural authenticity, and women's subjectivity.

There are law books about constructive trusts, the Perpetuities and Accumulations Act 1964, and the rule in Foss v Harbottle. This law book is not one of them. Writer David Pannick has always been much more interested in unpersuasive advocates and injudicious judges. In this entertaining and sometimes shocking collection of his fortnightly columns from The Times (London), Pannick passes judgement on advocates who tell judges that their closing submissions to the jury will not take long because "I would like to move my car before 5 o'clock." Pannick also sentences judges who claim to have invisible dwarf friends sitting with them on the Bench, who order the parties to "stay loose - as a goose," and who signal their rejection of an advocate's argument by flushing a miniature toilet on the bench. Pannick will entertain and inform the reader about judges, lawyers, legal culture, and law reform. I Have to Move My Car is an ideal gift for all those who appreciate the lighter side to court life.

Women lawyers,less than a century ago still almost a contradiction in terms, have come to stay. Who are they? Where are they? What impact have they had on the profession that had for so long been a bastion of male domination? These are key questions asked in this first comprehensive study of women in the world's legal professions. Answers are based on both quantitative and qualitative analyses, using a variety of conceptual frameworks. 26 contributions by 25 authors present and evaluate the situation of women in the legal profession in both common and civil law countries in the developed world. 15 countries from four continents are covered: the United States of America, Canada, Australia, New Zealand, England, Israel, Germany, the Netherlands, Poland, Finland, France, Italy, Brazil, Korea, and Japan. The focus ranges from judges and public prosecutors, to law professors, lawyers (attorneys), notaries and company lawyers. National differences are clearly in evidence, but so are common features cutting across national boundaries. Experience of glass ceilings and revolving doors is as widespread and as real as success stories of women lawyers pursuing their own projects.

This text provides a new dimension to the exciting and rapidly expanding field of sport and the law. David McArdle contemplates laws influence over the development of football between the founding of the English Football League in 1888 and the European Court of Justices seminal ruling in the Bosman case over a century later. From Boot Money to Bosman provides insights into how the law on violence and consent impacts upon acts of on-field violence,the courts role in securing players a greater degree of contractual freedom and the football governing bodies responses to player power. It also looks at the games, and the legislatures, attempts to prevent hooliganism and racism and considers the impact of the move towards all-seater stadia in the wake of the Hillsborough disaster. The book provides information on how race and sex discrimination law impact upon footballs employment practices, explains why the sports governing bodies are immune to public law remedies such as judicial review (but are possibly not immune the provisions of the Human Rights Act 1998) and exhorts footballs governing bodies to take the lead in participant protection initiatives. Lucid and thought-provoking, this book will be required reading for sports studies students and particularly those who are concerned with football and the law. It will also appeal to people working within the football industry and others who wish to understand how the law has influenced, and will continue to influence, the development of football.

First published in 1849 in London under the title Hortensius: or, The Advocate, Forsyth's History of Lawyers is a spirited account of advocacy in ancient Greece, Rome, and England and of the bar in France. Acknowledging that " w]e are too apt to cloth the ancients in buckram, and view them, as it were, through a magnifying glass, so that they loom before us in the dim distance in almost colossal proportions," Forsyth presents in familiar terms the language of the law and how advocates behaved. Frequently citing classical sources with his own translations, he describes in impressive detail such things as curious trials and the rights and obligations of counsel.William Forsyth 1812-1899] was an English lawyer and author of many works on law and literature, including History Of Trial By Jury (1852).CONTENTS CHAPTER I. Advocacy in Theory CHAPTER II. The Athenian Courts CHAPTER III. Sketch of the Roman Law and the Roman Courts During the Republic CHAPTER IV. Advocacy in Ancient RomeCHAPTER V. Some Account of the Advocates or Rome During the Republic CHAPTER VI. The Bar Under the Empire, and in the Middle Ages CHAPTER VII. The Noblesse de la Robe CHAPTER VIII. Advocacy in England CHAPTER IX. The Honorarium CHAPTER X. Forensic Casuistry

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.

Understood one way, the branch of contemporary philosophical ethics that goes by the label "metaethics" concerns certain second-order questions about ethics-questions not in ethics, but rather ones about our thought and talk about ethics, and how the ethical facts (insofar as there are any) fit into reality. Analogously, the branch of contemporary philosophy of law that is often called "general jurisprudence" deals with certain second order questions about law- questions not in the law, but rather ones about our thought and talk about the law, and how legal facts (insofar as there are any) fit into reality. Put more roughly (and using an alternative spatial metaphor), metaethics concerns a range of foundational questions about ethics, whereas general jurisprudence concerns analogous questions about law. As these characterizations suggest, the two sub-disciplines have much in common, and could be thought to run parallel to each other. Yet, the connections between the two are currently mostly ignored by philosophers, or at least under-scrutinized. The new essays collected in this book are aimed at changing this state of affairs. Dimensions of Normativity collects together works by metaethicists and legal philosophers that address a number of issues that are of common interest, with the goal of accomplishing a new rapprochement between the two sub-disciplines.

Due to its scope and depth, Moore's Causation and Responsibility is probably the most important publication in the philosophy of law since the publication of Hart's and Honore's Causation in the Law in 1959. This volume offers, for the first time, a detailed exchange between legal and philosophical scholars over Moore's most recent work. In particular, it pioneers the dialogue between English-speaking and German philosophy of law on a broad range of pressing foundational questions concerning causation in the law. It thereby fulfills the need for a comprehensive, international and critical discussion of Moore's influential arguments. The 15 contributors to the proposed volume span the whole interdisciplinary field from law and morals to metaphysics, and the authors include distinguished criminal and tort lawyers, as well as prominent theoretical and practical philosophers from four nations. In addition, young researchers take brand-new approaches in the field. The collection is essential reading for anyone interested in legal and moral theory.

It was a hot August day in 1920 when a man rode on horseback away from his forty-acre Arkansas farm to fetch a doctor. His son, Gerald Brown, was about to be born. A short time later as he gazed at the tiny baby in his arms, he had no idea that Gerald would one day be the first in his family to graduate high school and college-eventually becoming become a trial lawyer and a state Supreme Court judge. In his compelling narrative that details his fascinating life story, Gerald shares a chronological glimpse into what it was like to grow up on a farm where his father plowed with mules. He attended a one-room school, rode a work horse seven miles to high school, and took a bath only one night a week. Even as the devastation of the Great Depression loomed around him, Gerald nurtured a dream to become something more-a dream that led him to serving as a marine in World War II and later attending college on the GI Bill. "The Clod-Hoppin' Judge: Memoirs of Judge Gerald Parker Brown" is the inspirational story of how an Arkansas farm boy overcame insurmountable odds to achieve professional success and personal fulfillment.

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.

A legal scholar and sociologist, John Flood spent years observing a large law firm from the inside-much like an embedded journalist, but with the perspective of a researcher on the theory and practice of legal organizations. What he found and analyzed resulted in a study that has been cited by many scholars over the years as the ultimate account of the inner workings of a corporate law firm, including its relations with clients, employees, and the broader profession. Further, using four detailed case studies, he showed how the construction of legal information and problems depended heavily on the role and specialization of the lawyer and the power of the client. Now in its Second Edition, with updated references and account of the radical shifts in legal practice over the past few years in the U.S. and U.K., Flood's pathbreaking book continues to be a fascinating resource for scholars of the legal profession, as well as interested readers who want to see exposed the inner sanctum of private, big-money law practice. This edition also adds a new, reflective introduction by Lynn Mather, the SUNY Distinguished Service Professor at the University at Buffalo.

Career Management for Lawyers is a practical resource for any lawyer, from the newly qualified through to those facing a career transition later in life. Packed with step-by-step guidance, action plans and self-assessment tools, this resource acts as a personal career coach, challenging and encouraging you to work through key career questions. This practical book covers: * the importance of career adaptability * how to take stock of your skills and qualities * the different types of career crossroads that lawyers face * case studies of lawyers who have made a successful career transition * how to change career direction * the importance of developing SMART career goals * how to relaunch yourself when changing career direction * how to overcome potential blocks to career success. Whether you have recently qualified, are facing a key career crossroads or want to take stock of your career, this book gives you all the essential tools to develop a plan you can put into action.

Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process. The authors argue that mediation ethics should move away from the untenable notions of mediator neutrality and impartiality and towards a focus on party self-determination. They supplement this focus with a view of mediation ethics as emerging dynamically from the efforts of mediators to respond to the unique needs and interests of the parties. This new paradigm provides the basis for a picture of the mediation profession as a community with its own internal standards of excellence, as well as a more sophisticated and realistic ethical framework for mediation practice. Academics in law, social work and psychology will appreciate the book's nuanced account of the dynamics of mediation as a dispute resolution process. Mediation practitioners, including lawyers, social workers and counselors, will find the book a practical and helpful guide to addressing ethical dilemmas. And students of mediation will benefit from the book's clear and up to date overview of the development and principles of mediation ethics.

One of the secrets within the legal profession is that the stories behind the cases matter more than the legal doctrines involved. A full understanding of legal disputes requires knowing about the cultural and historical context in which the cases arise. In Backstories in the Law: Tales of Victors, Villains and Victims, distinguished law professor Alan Weinberger examine some of the most extraordinary cases of the past century with a focus not so much on the winning and losing, but rather on the backstories behind the disputes. The chapters provide insights and background into the cases, and explain why the decisions continue to resonate today. Most of all, these chapters remind us of the transcendent importance of good stories: in disputes involving fundamental human emotions and desires, there is usually a victor, villain and victim. Ultimately it is the reader who gets to decide whether justice was done or denied.

Artificial intelligence and related technologies are changing both the law and the legal profession. In particular, technological advances in fields ranging from machine learning to more advanced robots, including sensors, virtual realities, algorithms, bots, drones, self-driving cars, and more sophisticated "human-like" robots are creating new and previously unimagined challenges for regulators. These advances also give rise to new opportunities for legal professionals to make efficiency gains in the delivery of legal services. With the exponential growth of such technologies, radical disruption seems likely to accelerate in the near future. This collection brings together a series of contributions by leading scholars in the newly emerging field of artificial intelligence, robotics, and the law. The aim of the book is to enrich legal debates on the social meaning and impact of this type of technology. The distinctive feature of the contributions presented in this edition is that they address the impact of these technological developments in a number of different fields of law and from the perspective of diverse jurisdictions. Moreover, the authors utilize insights from multiple related disciplines, in particular social theory and philosophy, in order to better understand and address the legal challenges created by AI. Therefore, the book will contribute to interdisciplinary debates on disruptive new AI technologies and the law.

This is the first book that directly addresses the cultural history of the legal profession. An international team of scholars canvasses wide-ranging issues concerning the culture of the legal profession and the wider cultural significance of lawyers,including consideration of the relation to cultural processes of state formation and colonisation. The essays describe and analyse significant aspects of the cultural history of the legal profession in England, Canada, Australia, France, Germany, Italy, Sweden, Switzerland, Norway and Finland. The book seeks to understand the complex ways in which lawyers were imaginatively and institutionally constructed, and their larger cultural significance. It illustrates both the diversity and the potential of a cultural approach to lawyers in history. Contents: Introduction and Overview; Part I The Formation of Lawyers; Part II Lawyers and the Liberal State; Part III Work and Representations; Part IV Lawyers and Colonialism Contributors: David Applebaum, Professor of History, Rowan University, Glassboro, NJ; Harold Dick, Barrister and Solicitor, City of Winnipeg, Manitoba, Canada; Ann Fidler, Assistant Professor and Dean, History Department, Honors Tutorial College, Ohio University; Jean-Louis Halperin, University of Bourgogne, CNRS; Esa Konttinen.Senior Lecturer of Sociology, University of Jyraskyla, Finland; David Lemmings, Associate Professor of History, University of Newcastle, Australia; Anne McGillivray, Professor of Law, University of Manitoba, Canada; Rob McQueen, Professor of Law, Victoria University, Melbourne, Australia; Kjell A Modeer, Lund University, Sweden; W. Wesley Pue, Nemetz Chair in Legal History, Faculty of Law, University of British Columbia; John Savage, Assistant Professor, History Department, Lehigh University; Hannes Siegrist, Professor of Modern European History, University of Leipzig; David Sugarman, Professor of Law, Law School, Lancaster University.

Outside the United States, Norway's 1814 constitution is the oldest still in force. Constitutional judicial review has been a part of Norwegian court decision-making for most of these 200 years. Since the 1990s, Norway has also exercised review under the European Convention of Human Rights (ECHR). Judicial review of legislation can be controversial: having unelected judges overruling popularly elected majorities seems undemocratic. Yet Norway remains one of the most democratic countries in the world. How does Norway manage the balance between democracy and judicial oversight? Author Anine Kierulf tells the story of Norwegian constitutionalism from 1814 until today through the lens of judicial review debates and cases. This study adds important insights into the social and political justifications for an active judicial review component in a constitutional democracy. Anine Kierulf argues that the Norwegian model of judicial review provides a useful perspective on the dichotomy of American and European constitutionalism.

The "Ball Four" of the legal profession, "The Legal Lampoon" is a practical, must-read humorous guide to the legal profession for any person considering a career in the legal field or wanting to hire an attorney. Richard Icci, a lawyer with more than twenty years experience, addresses and debunks many of the popularly held beliefs and myths about attorneys and their roles, and details how our American system of justice works. Icci covers such topics as: Types of lawyers Law school experiences Client billings and the mystery of billable hours Myths of great salaries And much more Written from the perspective of an experienced civil and appellate litigator, "The Legal Lampoon" satirizes every system related to the practice of law, including legal education and the courtroom process. Down-to-earth and hilarious, "The Legal Lampoon" is everything you ever wanted to know about the legal profession but didn't think to ask.

Provides an authoritative analytical and practical doctrinal consideration of the law relating to professional immunities in tort law. Dr Davies primarily focuses on English law with some coverage of other common law jurisdictions where cases and other materials are relevant. Professional obligations and liabilities play an important role in tort, with a limited number of professional and occupational groups considered to benefit from some 'immunity' from these. This essential text reviews the nature of immunities and considers the contexts in which the term is used before providing examples of those 'immune' professions with reference to case law and leading secondary commentary. It addresses the rationales and justifications for immunities and, more broadly, their interaction with general professional negligence and liability issues.

Over the past twenty years, the volume of international litigation and arbitration has increased exponentially. As the number of new international courts and tribunals has proliferated, the diversity and volume of advocates appearing before the international courts has also increased. With this increase, the ethical standards that apply to counsel have become a growing field of interest to practitioners of public international law. Problems threatening the integrity of the international judicial process and concerns about divergent ethical standards amongst counsel have multiplied in the international judicial system, prompting early attempts by senior members of the 'international bar' to articulate common ethical standards. Professional Ethics at the International Bar examines the question of how to articulate common ethical standards for counsel appearing before international courts and tribunals, and the legal powers and practical ability of international courts to prescribe and enforce such standards. It conducts original research into both the theory and practice of the issues arising from this nascent process of professionalization. Using various sources, including interviews with judges, registrars, and senior practitioners, it argues that the professionalization of advocacy through the articulation of common ethical standards is both desirable and feasible in order to protect the integrity and fairness of the international judicial process.

- Provides new Law students with a step-by-step guide to answering a key form of assessment. - Accessibly written so will suit both domestic and international students studying Law for the first time. - Includes extensive pedagogical assistance with tasks to reinforce learning at each step in the process.