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.

This volume of proceedings from the IVth conference of the European Association of psychology and law, held in Barcelona, Spain, in 1994, summarizes the recent advances in the field of the psychology of law, with particular reference to contribution by (increasingly, southern) European researchers and practitioners. The book reflects an enormous variety in terms of areas of interest and methodologies. Most areas of research receive attention, from prison to courtroom to international comparative studies, from victims to offenders to legal operators. Methodologies range from survey research to experiments to meta analysis, and reflect the vast expansion in empirical research that this field has witnessed in recent years. The volume, a continuation of a series, will be of interest to scholars and practitioners from both legal and psychological areas, and serves to document the increasing applicability of psychological perspectives to legal and criminal justice interventions.

A rare and evocative memoir of a respected constitutional scholar, dedicated public servant, political reformer, and facilitator of peace in the land of his ancestors. John D. Feerick's life has all the elements of a modern Horatio Alger story: the poor boy who achieves success by dint of his hard work. But Feerick brought other elements to that classic American success story: his deep religious faith, his integrity, and his paramount concern for social justice. In his memoir, That Further Shore, Feerick shares his inspiring story, from his humble beginnings: born to immigrant parents in the South Bronx, going on to practice law, participating in framing the U.S. Constitution's Twenty-Fifth Amendment, serving as dean of Fordham Law, and serving as President of the New York City Bar Association and chair of state commissions on government integrity. Beginning with Feerick's ancestry and early life experiences, including a detailed genealogical description of Feerick's Irish ancestors in County Mayo and his laborious quest to identify them and their relationships with one another, the book then presents an evocative survey of the now-vanished world of a working-class Irish Catholic neighborhood in the South Bronx. Feerick's account of how he financed his education from elementary school through law school is a moving tribute to the immigrant work ethic that he inherited from his parents and shared with many young Americans of his generation. The book then traces Feerick's career as a lawyer and how he gave up a lucrative partnership in a prestigious New York City law firm at an early age to accept the office of Dean of the Fordham School of Law at a fraction of his previous income because he felt it was time to give back something to the world. John Feerick has consistently shown his commitment to the law as a vocation as well as a profession by his efforts to protect the rights of the poor, to enable minorities to achieve their rightful places in American society, and to combat political corruption. That Further Shore is an inspiring memoir of how one humble and decent man helped to make America a more just and equitable society.

In The Protectors of Indians in the Royal Audience of Lima: History, Careers and Legal Culture, 1575-1775 Mauricio Novoa offers an account of the institution that developed in the vice-royalty of Peru for the protection of Indians before the high courts of justice. Making use of historical materials, Novoa provides a comprehensive view on the formation of the legal elite in Lima during the colonial period; reviews the litigation undertaken by indigenous plaintiffs, and explains the legal culture that allowed the development of juristic doctrine around the Indian personal status.

The concept of practical reason is central to contemporary thought on ethics and the philosophy of law - acting well means acting for good reasons. Explaining this requires several stages. How do reasons relate to actions at all, as incentives and in explanations? What are values, how do they relate to human nature, and how do they enter practical reasoning? How do the concepts of 'right and wrong' fit in, and in what way do they involve questions of mutual trust among human beings? How does our moral freedom - our freedom to form our own moral commitments - relate to our responsibilities to each other? How is this final question transposed into law and legal commitments?
This book explores these questions, vital to understanding the nature of law and morality. It presents a clear account of practical reason, valuable to students of moral philosophy and jurisprudence at undergraduate or postgraduate levels. For more advanced scholars it also offers a reinterpretation of Kant's views on moral autonomy and Smith's on self-command, marrying Smith's 'moral sentiments' to Kant's 'categorical imperative' in a novel way.
The book concludes and underpins the author's Law, State, and Practical Reason series. Taken together the books offer an overarching theory of the nature of law and legal reason, the role of the State, and the nature of moral reason and judgement.

Shines a light on the emerging field of law dedicated to responding to and resolving the crises of the twenty-first century In an increasingly globalized world, a complex and interlocking web of nations, governments, non-state actors, laws, and rules affect human behavior. When crisis hits-whether that be extrajudicial detention, unprompted deportation, pandemics, or natural disasters-lawyers are increasingly among the first responders, equipped with the knowledge necessary to navigate the regulations of this ever more complex world. Crisis Lawyering explores this phenomenon and attempts to identify and define what it means to engage in the practice of law in crisis situations. In so doing, it hopes to sketch out the contours of the emerging field of crisis lawyering. Contributors to this volume explore cases surrounding domestic violence; dealing with immigrants in detention and banned from travel; policing in Ferguson, Missouri; the kidnapping of journalists; and climate change, among other crises. Their analysis not only serves as guidance to lawyers in such situations, but also helps others who deal with crises understand those crises-and the role of lawyers in them-better so that they may respond to them more effectively, efficiently, collaboratively and creatively. Crisis Lawyering shines a light on the emerging field of law dedicated to responding to and resolving the complex crises of the twenty-first century.

Questions surrounding the concept of freedom versus security have intensified in recent years due to the rise of new technologies. The increased governmental use of technology for data collection now poses a threat to citizens' privacy and is drawing new ethical concerns. Ethical Issues and Citizen Rights in the Era of Digital Government Surveillance focuses on the risks presented by the usage of surveillance technology in the virtual public sphere and how such practices have called for a re-examination of what limits should be imposed. Highlighting international perspectives and theoretical frameworks relating to privacy concerns, this book is a pivotal reference source for researchers, professionals, and upper-level students within the e-governance realm.

This is your essential guide to standards and ethics in the psychological therapies. The book introduces you to key ethical values and principles and discusses how to practice in accordance with these. An accompanying online resource website provides you with over 30 videos showing commonly arising ethical dilemmas, further reading including book chapters and journal articles, and links to ethical codes and frameworks in the UK and internationally.

For more than a decade, American lawyers have bewailed the ethical crisis in their profession, wringing their hands about its bad image. But their response has been limited to spending money on public relations, mandating education, and endlessly revising ethical rules. In this book, Richard Abel will argue that these measures will do little or nothing to solve the problems illustrated by the six disciplinary case studies featured in this book unless the legal monopoly enjoyed by attorneys in the U.S. is drastically contracted.
Richard Abel examines some of the most common ethical complaints made about lawyers in Lawyers in the Dock. Using detailed records of disciplinary proceedings, he describes the actions surrounding certain cases based on three of the most common complaints: neglecting the client by failing to pursue cases diligently; overcharging of clients by mystifying billing practices; and betraying adversaries and courts out of excessive loyalty to clients or causes.
In this book, Richard Abel will argue that these measures will do little or nothing to solve the problems exposed by his six disciplinary case studies unless structural changes are made to the legal monopoly in order to restore the public trust in lawyers. Lawyers in the Dock is essential reading for lawyers, law students, and potential clients who wish to restore trust and professional responsibility in the legal profession.

Since its inception as an international principle to protect the welfare of patients and volunteers taking part in medical research, informed consent has become increasingly important within healthcare. Despite its ubiquitous status, there are a number of scholars who are beginning to question whether consent is adequate for contemporary biomedical research. The Limits of Consent considers a number of criticisms that have been levelled at the prominence given to autonomy, a central tenet underpinning the rationale for informed consent in Western bioethics. It raises questions about how quickly and easily this principle has been adopted, and how appropriate it is for those actively engaged in research. In the context of genetic research, for example, the individual's overriding right of autonomy to give consent to research could have huge implications for other members of their families.
The Limits of Consent questions the assumption that informed consent protects or facilitates individual autonomy, and discusses empirical studies which suggest that gaining a truly informed consent can be difficult to achieve in practice. With the expectation of treatment and guidance from the physician, how much is the process of consent governed by social norms and expectations? The Limits of Consent focuses upon three principal areas within biomedical research: clinical trials, genetic research, and research with those who may have impaired capacity to consent. It is a truly multi-disciplinary book, incorporating perspectives from medicine, law, philosophy and sociology.
The Limits of Consent is a fascinating exploration of the inadequacies of consent, and will appeal to those in the fields of bioethics, socio-legal studies, sociology, and health law. Policy makers, research ethics committee members, and those healthcare professionals with an interest in medical ethics, will also find the book of interest.

The Renegade Lawyer satirizes today's legal profession, putting a smile on your face or leaving you laughing out loud. Rather than collecting stories of widows leaving their fortunes to their cats or stupid cases from the 1800s, this book tackles such topics as how majoring in political science is pointless, how the way the law is taught (the Socratic method) would have Socrates turning over in his grave, how to lose friends by constantly arguing and nitpicking (important legal skills), how court decisions result from what the judge had for breakfast, and how stress becomes a lawyer's constant companion. The book offers advice based on actual experiences, such as don't wear short pants to a luncheon with your law school dean or slippers in your law firm partner's office. One chapter teaches you how to write rejection letters to law firms before they reject you while another chapter suggests movies to watch to overcome law school burnout. To test your legal acumen after each chapter, there are short quizzes with wacky questions. Is true romance possible for a law student or lawyer? Can you really lose 20 pounds your first semester of law school eating nothing but Mint Milano cookies? Is a law firm more like Ancient Rome, the Dark Ages, or the Klingon Empire? How can the rule No Horses in the Park mean that a pony can be in the park but a zebra can't? Is double-billing evil? The book starts by asking whether a lawyer can smile and continues with an overall jocular tone. As the subtitle suggests, the Renegade Lawyer makes a nice gift of legal humor for prospective law students, lawyers, or other people who simply enjoy seeing the legal profession lampooned.

How are new technologies changing the practice of law? With examples and explanations drawn from the UK, US, Canada, Australia and other common law countries, as well as from China and Europe, this book considers the opportunities and implications for lawyers as artificial intelligence systems become commonplace in legal service delivery. It examines what lawyers do in the practice of law and where AI will impact this work. It also explains the important continuing role of the lawyer in an AI world. This book is divided into three parts: Part A provides an accessible explanation of AI, including diagrams, and contrasts this with the role and work of lawyers. Part B focuses on six different aspects of legal work (litigation, transactional, dispute resolution, regulation and compliance, criminal law and legal advice and strategy) where AI is making a considerable impact and looks at how this is occurring. Part C discusses how lawyers and law firms can best utilise the promise of AI, while also acknowledging its limitations. It also discusses ethical and regulatory issues, including the lawyer's role in upholding the rule of law.

Legal professionals are thought to have higher levels of mental health issues and lower levels of wellbeing than the general population. Drawing on qualitative data from new research with legal practitioners, this in-depth study of mental health and wellbeing in the UK and Republic of Ireland's legal sector is a timely contribution to the urgent international debate on these issues. The authors present a comprehensive discussion of the cultural, structural and other causes of legal professionals' compromised wellbeing. They explore the everyday demands and difficulties of the legal working environment and consider the impacts on individuals, the legal profession and wider society. Making comparisons with systems overseas, this is an invaluable resource that provides evidence-based suggestions for swift and effective organisational and policy-related interventions in the legal sector.

A concise, well-documented review and discussion of the exposure that lawyers and others in law-related professions have to malpractice suits against them in this malpractice crazed U.S. society. Warren Freedman makes clear that except for product liability suits, malpractice suits are the most litigated legal actions in civil matters, and points out that professionals in these fields are held to higher standards of conduct and ethics than their counterparts in many other fields. He discusses the facts and rulings in various, representative cases and, in so doing, provides lawyers and professionals in related fields with awareness of what they can and cannot do, and what the consequences can be if they behave unethically. A valuable resource for professionals, graduate students, professors of law, government officials, and civil liberties experts.

This is the latest book from law and technology guru Richard Susskind, author of best-selling The Future of Law, bringing together in one volume eleven significant essays on the application of IT to legal practice and the administration of justice, including Susskind's very latest thinking on key topics such as knowledge management and the impact of electronic commerce and electronic government.

Self-representation has a long, venerable history dating to biblical times and continuing through the common law, the colonial era, to the present. This book collects and analyzes the law, ethics opinions, and empirical studies about the wide range of issues surrounding Self-represented litigants (SRLs) in our justice system, including how much, if any, assistance should a judge provide, what duties do lawyers interacting with SRLs, and many others. Using recent empirical studies from both Civil litigation and criminal defense, Jona Goldschmidt argues that SRLs' cases cannot be fairly heard without a mandatory judicial duty of reasonable assistance. In order to maintain public trust and confidence in our justice system, self-represented parties must be guided and assisted. Courts and the legal profession should continue to adapt and meet the challenge of managing and interacting with those who choose or are compelled to self-represent. Only when self-represented litigants are embraced by the courts, they will finally receive "equal justice under law." This book would be of interest to those studying criminal justice and legal studies, specifically legal history and legal ethics, as well as judges, lawyers and other professionals in the field.

Brings a distinctive and appropriately provocative stance to a growing debate;

The role of general counsel and in-house lawyers is changing continually. Legal is now considered a vital component of leadership in most enterprises, and it is increasingly common for the GC to be called on for strategic input prior to important business decisions. Added to this is the convergence of social and political trends driving new demand for legal advice and service delivery; an increasing focus on productivity and efficiency; pressure to demonstrate the value of legal to the business in order to gain budget support; and the need to adapt and advance digitally. The competencies required of the general counsel and their increasingly multi-disciplinary team are also growing with responsibilities expanding to encompass reputational risk, government relations, data privacy, ESG and interacting with diverse stakeholders including regulators. Edited by E Leigh Dance and Christoph H Vaagt, both with distinguished careers advising legal departments and teams for more than two decades, the second edition of General Counsel in the 21st Century offers general counsel and all in-house legal professionals a variety of expert perspectives on the evolution of the role of the GC and the corporate legal department. Chapters are written by an international group of well-known general counsel, corporate legal leaders, and other experts, and cover important topics for general counsel today, including: The evolution of the general counsel's role; Legal operations as a competitive advantage; How adaptive legal functions are embracing technology; Managing change in a legal department; and Doing more with less. This title provides guidance on how legal departments can best support the businesses they serve, identify and address areas where change is necessary, and anticipate developments on the horizon. Readers - whether in-house counsel or private practitioners - will gather best practices and learn new and perhaps surprising lessons to help them succeed in their jobs as leaders at the intersection of law and business.

This unique book examines whether there is sufficient human rights accountability for undertakings supported by bilateral state development and export credit agencies. In contrast to leading international development and financial actors such as the World Bank, the accountability of bilateral development and export credit agencies has, to date, remained widely unexplored. This book analyses the effectiveness of the human rights system in allowing affected individuals to claim accountability for human rights violations resulting from bilateral development and export credit agency supported undertakings. It provides a comprehensive examination of development and export credit agencies' legal nature and explores three legal pathways open to claimants: host state responsibility, home state responsibility and corporate responsibility. Furthermore, it includes empirical data on the corporate responsibility process in seven agencies. Barbara Linder concludes that there is a significant human rights accountability gap with regards to bilateral development and export credit agency supported undertakings. The final chapters make recommendations for strengthening human rights accountability and improving access to justice for adversely affected individuals. Academics and professional lawyers working at the intersection of human rights, development cooperation and investment will find this a compelling body of work. The book provides information on existing case law, highlights human rights accountability gaps and outlines illustrative case studies that will act as a valuable point of reference.

This innovative handbook provides a comprehensive, and truly global, overview of the main approaches and themes within law and society scholarship or social-legal studies. A one-volume introduction to academic resources and ideas that are relevant for today's debates on issues from reproductive justice to climate justice, food security, water conflicts, artificial intelligence, and global financial transactions, this handbook is divided into two sections. The first, 'Perspectives and Approaches', accessibly explains a variety of frameworks through which the relationship between law and society is addressed and understood, with emphasis on contemporary perspectives that are relatively new to many socio-legal scholars. Following the book's overall interest in social justice, the entries in this section of the book show how conceptual tools originate in, and help to illuminate, real-world issues. The second and largest section of the book (42 short well-written pieces) presents reflections on topics or areas concerning law, justice, and society that are inherently interdisciplinary and that are relevance to current - but also classical - struggles around justice. Informing readers about the lineage of ideas that are used or could be used today for research and activism, the book attends to the full range of local, national and transnational issues in law and society. The authors were carefully chosen to achieve a diverse and non-Eurocentric view of socio-legal studies. This volume will be invaluable for law students, those in inter-disciplinary programs such as law and society, justice studies and legal studies, and those with interests in law, but based in other social sciences. It will also appeal to general readers interested in questions of justice and rights, including activists and advocates around the world.

This book proposes a new model of professional ethics enabling lawyers to advise clients upon both the law and ethics. This will better protect clients, and society, and enhance lawyers' professional obligations. The current model of legal ethics, developed in the 19th century, specified that the role of lawyers was only to interpret the law, not also to give ethical advice. This was acceptable to lawyers, clients, and society at that time. However, this is not the case now and legal ethics no longer reflects the needs of modern legal practice. This book draws on moral philosophy to present a new model of legal ethics that explains the analytical process to include ethical advice. It analyses the potential harm of the present model to the legal profession who have duties to the law and justice that may compete with demands by clients to serve them. Further, lawyers' duty to clients to act in their best interests is sometimes not adequately fulfilled as legal ethics does not permit lawyers to give ethical advice even if it may be in clients' best interests to do so. The work includes a detailed case study of corporate law practice to show why a new legal ethics is required. Other case examples are provided to demonstrate that lawyers practicing in all areas of law encounter ethical issues and they too will benefit from a new legal ethics. The book will be essential reading for students, academics, lawyers and professional bodies.