Due to new developments in prenatal testing and therapy the fetus is increasingly visible, examinable and treatable in prenatal care. Accordingly, physicians tend to perceive the fetus as a patient and understand themselves as having certain professional duties towards it. However, it is far from clear what it means to speak of a patient in this connection. This volume explores the usefulness and limitations of the concept of 'fetal patient' against the background of the recent seminal developments in prenatal or fetal medicine. It does so from an interdisciplinary and international perspective. Featuring internationally recognized experts in the field, the book discusses the normative implications of the concept of 'fetal patient' from a philosophical-theoretical as well as from a legal perspective. This includes its implications for the autonomy of the pregnant woman as well as its consequences for physician-patient-interactions in prenatal medicine.

This book addresses the difficult decisions in the life of law students, graduates and young law professionals in deciding the area of legal practice to pursue as a career. The number of legal fields and subfields is over one hundred, making it virtually impossible for an upcoming lawyer to explore all of these career avenues. Many students finish law school with little understanding of what specific law careers involve, for example, or what sports or space lawyers routinely do. This book highlights the time-consuming nature of law education and training that causes a lack of experience in legal fields as being able to successfully determine the right legal profession for the student. Finding a law career that is a significant source of satisfaction is a function of serious thinking and active research, which the current university to legal practice does not facilitate. This book is a practical guide for any student or current lawyer who is deciding and evaluating their future legal profession.

The enormous financial cost of criminal justice has motivated increased scrutiny and recognition of the need for constructive change, but what of the ethical costs of current practices and policies? Moreover, if we seriously value the principles of liberal democracy then there is no question that the ethics of criminal justice are everybody's business, concerns for the entire society. The Routledge Handbook of Criminal Justice Ethics brings together international scholars to explore the most significant ethical issues throughout their many areas of expertise, anchoring their discussions in the empirical realities of the issues faced rather than applying moral theory at a distance. Contributions from philosophers, legal scholars, criminologists and psychologists bring a fresh and interdisciplinary approach to the field. The Handbook is divided into three parts: Part I addresses the core issues concerning criminal sanction, the moral and political aspects of the justification of punishment, and the relationship between law and morality. Part II examines criminalization and criminal liability, and the assumptions and attitudes shaping those aspects of contemporary criminal justice. Part III evaluates current policies and practices of criminal procedure, exploring the roles of police, prosecutors, judges, and juries and suggesting directions for revising how criminal justice is achieved. Throughout, scholars seek pathways for change and suggest new solutions to address the central concerns of criminal justice ethics. This book is an ideal resource for upper-undergraduate and postgraduate students taking courses in criminal justice ethics, criminology, and criminal justice theory, and also for students of philosophy interested in punishment, law and society, and law and ethics.

The comprehensive source on attorney licensing and how to reform it. In Shaping the Bar, Joan Howarth describes how the twin gatekeepers of the legal profession—law schools and licensers—are failing the public. Attorney licensing should be laser-focused on readiness to practice law with the minimum competence of a new attorney. According to Howarth, requirements today are both too difficult and too easy. Amid the crisis in unmet legal services, record numbers of law school graduates—disproportionately people of color—are failing bar exams that are not meaningful tests of competence to practice. At the same time, after seven years of higher education, hundreds of thousands of dollars of law school debt, two months of cramming legal rules, and success on a bar exam, a candidate can be licensed to practice law without ever having been in a law office or even seen a lawyer with a client. Howarth makes the case that the licensing rituals familiar to generations of lawyers—unfocused law degrees and obsolete bar exams—are protecting members of the profession more than the public. Beyond explaining the failures of the current system, this book presents the latest research on competent lawyering and examples of better approaches. This book presents the path forward by means of licensing changes to protect the public while building an inclusive, diverse, competent, ethical profession. Thoughtful and engaging, Shaping the Bar is both an authoritative account of attorney licensing and a pragmatic handbook for overdue equitable reform of a powerful profession.

Sir Edward Marshall Hall KC saved more people from the hangman's noose than any other known barrister. In an age of inadequate defence funding, minimal forensic evidence, a rigid moral code making little allowance for human passion and a reactionary judiciary, his only real weapons were his understanding of human psychology and the power of his personality. His charismatic oratory and film star profile made him an Edwardian celebrity. Jurors collapsed and judges wept at the overwhelming power of his performances. Thousands congregated to await the verdicts in the trials in which he appeared for the defence. Curtains were brought down in West End theatres to announce the acquittals he secured. His famous trials included the Camden Town murder, Seddon the Poisoner, the Brides in the Bath, the Green Bicycle Murder and the Murder at the Savoy. As a result of his oratory in these he was adulated as an entertainer, his performances greeted with the same relish as those by the great actors; but he was also loved as a champion of the underdog, who almost single-handedly introduced compassion in to the Edwardian legal system. No other barrister in any age can claim such celebrity, nor such public adoration and affection. Meticulously researched, Marshall Hall: A Law unto Himself is the first modern biography of a complex and influential man and, as a result of access to new material: * Sets the legendary barrister in his social, historical and political context. * Reveals the sensational private life of the man behind the public figure, the two turbulent marriages, and the mistresses. * Tells the full story of his first wife's death. * Examines his magnetic oratory and extraordinary fame from a modern perspective.

A Lincoln Legacy: The History of the U.S. District Court for the Western District of Michigan by David Gardner Chardavoyne with Hugh W. Brenneman, Jr. provides the first and only comprehensive examination of the history of the United States federal courts in the Western District of Michigan. The federal courts were established by the U.S. Constitution to adjudicate disputes involving federal laws, disputes between litigants from different states involving state and federal laws, and to punish violations of criminal laws passed by Congress. During the Civil War, Abraham Lincoln signed legislation creating two federal districts in the state of Michigan: the Eastern and Western Districts-the latter of which is headquartered in Grand Rapids and which now encompasses the western half of the Lower Peninsula and all of the Upper Peninsula. With the rapid expansion of legislation passed by Congress, the increasing mobility of society, and the growth of interstate commerce, the federal courts have assumed an important and sometimes dominant role in major litigation today. In A Lincoln Legacy, Chardavoyne tracks the history of these courts over eleven chapters, from their creation by the Northwest Ordinance of 1787 to 2020. He discusses the changes in society that drove the evolving federal litigation and some significant cases heard in the Western District. Additionally, fifteen appendices are included in the book, listing of all the federal circuit and district judges in the Western District; commissioners; magistrate judges and bankruptcy judges; U.S. Attorneys; clerks of the courts; U.S. Marshals; and more. Chardavoyne also identifies auxiliary offices and organizations revolving around the federal court that play a major role in its activities (e.g., the U.S. Attorney's Office, the Federal Public Defender's Office, the Federal Bar Association, etc.). A Lincoln Legacy provides a thorough examination of the history of the federal courts of Western Michigan. It will appeal to those learning and practicing law, as well as those with an interest in Michigan history.

Legal and Ethical Issues of Live Streaming explores the potential legal and ethical issues of using live streaming technology, citing that although live streaming has a broadcasting capability, it is not regulated by the Federal Communications Commission, unlike other broadcasting media such as radio or television. Without this regulation, live streaming is opened up for broad use and misuse, including broadcasts of horrifying incidents such as the mass shootings at mosques in Christchurch, New Zealand in 2019, sparking outrage and fear about the technology. Contributors provide a pathway to move forward with ethical and legal use of live streaming by analyzing the wide spectrum of critical issues through the lens of communication, ethics, and law. Scholars of legal studies, ethics, communication, and media studies will find this book particularly useful.

Experience the multimedia and view the links featured in the book at lawondisplay.com

Visual and multimedia digital technologies are transforming the practice of law: how lawyers construct and argue their cases, present evidence to juries, and communicate with each other. They are also changing how law is disseminated throughout and used by the general public. What are these technologies, how are they used and perceived in the courtroom and in wider culture, and how do they affect legal decision making?

In this comprehensive survey and analysis of how new visual technologies are transforming both the practice and culture of American law, Neal Feigenson and Christina Spiesel explain how, when, and why legal practice moved from a largely words-only environment to one more dependent on and driven by images, and how rapidly developing technologies have further accelerated this change. They discuss older visual technologies, such as videotape evidence, and then current and future uses of visual and multimedia digital technologies, including trial presentation software and interactive multimedia. They also describe how law itself is going online, in the form of virtual courts, cyberjuries, and more, and explore the implications of law's movement to computer screens. Throughout Law on Display, the authors illustrate their analysis with examples from a wide range of actual trials.

The stories of Guantanamo detainees, silenced and imprisoned without trial, as told by their lawyers Following the terrorist attacks of 9/11, the United States imprisoned more than seven hundred and fifty men at its naval base at Guantanamo Bay, Cuba. These men, ranging from teenage boys to men in their eighties from over forty different countries, were detained for years without charges, trial, and a fair hearing. Without any legal status or protection, they were truly outside the law: imprisoned in secret, denied communication with their families, and subjected to extreme isolation, physical and mental abuse, and, in some instances, torture. These are the detainees' stories, told by their lawyers because the prisoners themselves were silenced. It took habeas counsel more than two years-and a ruling from the United States Supreme Court-to finally gain the right to visit and talk to their clients at Guantanamo. Even then, lawyers were forced to operate under severe restrictions designed to inhibit communication and envelop the prison in secrecy. In time, however, lawyers were able to meet with their clients and bring the truth about Guantanamo to the world. The Guantanamo Lawyers contains over one hundred personal narratives from attorneys who have represented detainees held at "GTMO" as well as at other overseas prisons, from Bagram Air Base in Afghanistan to secret CIA jails or "black sites." Mark Denbeaux and Jonathan Hafetz-themselves lawyers for detainees-collected stories that cover virtually every facet of Guantanamo, and the litigation it sparked. Together, these moving, powerful voices create a historical record of Guantanamo's legal, human, and moral failings, and provide a window into America's catastrophic effort to create a prison beyond the law. An online archive, hosted by New York University Libraries, will be available at the time of publication and will contain the complete texts as well as other accounts contributed by Guantanamo lawyers. The documents will be freely available on the Internet for research, teaching, and non-commercial uses, and will be preserved indefinitely as a historical collection. Read free excerpts from the book at http://www.theguantanamolawyers.com and explore the complete archive of narratives at http://dlib.nyu.edu/guantanamo

Innovation in legal services remains a hot topic, yet technology adoption does not always keep up with the hype. While there is a plethora of academic and professional research about the area, there is a lack of guidance on the practicalities of helping professionals actually get innovation right. This book focuses on implementing innovation and the innovation process in a law firm, from pilot to adoption and everything in between (whether that be within the law firm itself or undertaken by the law firm’s clients). Divided into four parts to reflect the innovation lifecycle of examine, explore, develop and reflect, this book is a practical guide for those starting or doing innovation in law firms. Students keen to know how innovation is implemented in practice will also find it useful. Innovation in Law Firms is packed with insight from the authors who lead the award-winning innovation team at Weightmans, and who have experience of starting innovation from scratch, as well as viewpoints ranging from the strategic, board-level perspective to the on-the-ground experience of actually doing innovation projects. It is practical rather than theoretical in style and aims to fill some of the adoption gap by exploring the highs and lows of innovating in law firms, and outlining practical steps that can be taken to mitigate some of the potential pitfalls. Whether at the start or part way through an innovation journey, this book allows readers to dip in and out providing guidance on specific issues as they arise as part of the innovation lifecycle.

The global financial crisis highlighted the corrosive effects of unethical behaviour within the banking industry. This edited collection focuses on the role that ethics, as well as the law, can play to prevent such behaviour from reoccurring. It also examines the effectiveness of newly introduced regulations and supervisory actions in fostering ethical conduct with the aim of realigning the interests of financiers with those of society as a whole. Featuring contributions from authors in academia, central banks, and professional practice, this Research Handbook presents a comprehensive assessment of law, regulation and professional and market standards in the financial industry. The chapters discuss the philosophical foundations of ethics in financial law, the existence of a social licence to operate and how to nudge banks to be more inclusive. They also critically evaluate some of the key topics in the debate, including fiduciary duties and enforcement measures. The Research Handbook will be of great interest to academics, policy makers and practitioners in financial law and banking law, as well as legal ethics. Those working within the financial industry with an interest in corporate conduct and culture, will find the Handbook to be an invaluable source of information.

While many young people become lawyers for the big bucks, others are motivated by the pursuit of social justice, seeking to help people for whom legal services are financially, socially, or politically inaccessible. These progressive lawyers often bring a considerable degree of idealism to their work, and many leave the field due to insurmountable red tape and spiraling disillusionment. But what about those who stay? And what do their clients think? Negotiating Justice explores how progressive lawyers and their clients negotiate the dissonance between personal idealism and the realities of a system that doesn't often champion the rights of the poor.

Corey S. Shdaimah draws on over fifty interviews with urban legal service lawyers and their clients to provide readers with a compelling behind-the-scenes look at how different notions of practice can present significant barriers for both clients and lawyers working with limited resources, often within a legal system that many view as fundamentally unequal or hostile. Through consideration of the central themes of progressive lawyering--autonomy, collaboration, transformation, and social change--Shdaimah presents a subtle and complex tableau of the concessions both lawyers and clients often have to make as they navigate the murky and resistant terrains of the legal system and their wider pursuits of justice and power.

Very Short Introductions: Brilliant, Sharp, Inspiring Law is at the heart of every society, protecting rights, imposing duties, and establishing a framework for the conduct of almost all social, political, and economic activity. Despite this, the law often seems a highly technical, perplexing mystery, with its antiquated and often impenetrable jargon, obsolete procedures, and endless stream of complex statutes and legislation. In this Very Short Introduction Raymond Wacks introduces the major branches of the law, describing what lawyers do, and how courts operate, and considers the philosophy of law and its pursuit of justice, freedom, and equality. Wacks locates the discipline in our contemporary world, considering the pressures of globalization and digitalisation and the nature of the law in our culture of threatened security and surveillance. In this new edition, Wacks considers a number of social and political events that have had an impact on the law, including the COVID-19 pandemic, surveillance, and the killing of George Floyd and the rise of the Black Lives Matter movement. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

This book critically analyses how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector have dealt with a series of key arbitrator duties to date. In addition, it offers a range of feasible and well-grounded proposals regarding investment arbitrators' duties in the future. The following aspects are examined in depth: the duty of disclosure the duty to investigate the duty of diligence and integrity , which in turn may be divided into temporal availability, a non-delegation of responsibilities, and adhering to appropriate behaviour the duty of confidentiality, and other duties such as monitoring arbitration costs, or continuous training . Investment arbitration is currently undergoing sweeping changes. The EU proposal to create a Multilateral Investment Court incorporates a number of ground-breaking developments with regard to arbitrators. Whether this new model of permanent "members of the court" will ever become a reality, or whether the classical ex-parte arbitrator system will manage to retain its dominance in the investment arbitration milieu, this book is based on the assumption that there is a current need to re-examine and rethink the main duties of investment arbitrators. Apart from being the first monograph to analyse these duties in detail, the book will spark a crucial debate among international scholars and practitioners. It is essential to identify arbitrators' duties and find consensus on how they should be reshaped in the near future, so that these central figures in investment arbitration can reinforce the legitimacy of a system that is currently in crisis.

Originally published in 2005. One of the leading causes of death is organ failure, that is, when one or other of the organs that run the machine we call the body gives out. However, whereas with a machine spare parts can usually replace faulty parts, in the case of humans the supply of these is limited as it is dependent on organs being obtained from living or dead donors. Due to the limitations of supply, increasing attention is being paid to alternative schemes for obtaining organs. One of these possibilities is xenotransplantation: using organs from animals. In this book, the authors examine the legal and ethical issues surrounding xenotransplantation and consider the implications for the future. As they point out, xenotransplantation represents a major deviation from standard medical practice and the possibility of transplantation of large segments of tissue, or whole organs, from animals into humans poses an entirely novel set of considerations - ethical, legal and scientific - which it is necessary to evaluate and understand.

Culturally Relevant Ethical Decision-Making in Counseling presents a hermeneutic orientation and framework to address contextual issues in ethical decision-making in counseling and psychotherapy. Authors Rick Houser, Felicia L. Wilczenski, and Mary Anna Ham incorporate broad perspectives of ethical theories which are grounded in various worldviews and sensitive to cultural issues. Key Features: Introduces a wide range of ethical theories: Important to the foundation of ethical decision-making is an in-depth understanding of general culturally relevant ethical theories that represent most world philosophical views. In addition to covering mainstream theories, this book introduces a wide range of ethical theories from Western, Eastern, Middle Eastern, Pan African, Native American, and Latino ethical perspectives. Offers numerous examples: Case studies are provided throughout the text to show how to apply diverse ethical theories to clinical practice. The authors also discuss how to negotiate between an enhanced ethical perspective based on diversity and professional standards codified and mandated in this country. Provides a systematic ethical decision-making model: Ethical decision-making has become a critical part of the training and practice of professional counselors and they can benefit immensely from systematic training in this area. The model in this book provides practitioners with a broad based approach to ethical decision-making, and ultimately improves the ethical decision-making process for counselors. Intended Audience: This is an ideal textbook for advanced undergraduate and graduate courses on professional standards and ethics in the fields of Counseling, Psychotherapy, and Psychology.

Judicial Education has greatly expanded in common law countries in the past 25 years. More recently it has become a core component in judicial reform programs in developing countries with gender attentiveness as an element required by donor agencies. In civil law jurisdictions judges schools have long played a role in the formation of the career judiciary with a focus on entry to the judicial profession, in some countries judges get an intensive in-service education at judicial academies. Gender questions, however, tend to be neglected in the curricula. These judicial education activities have generated a significant body of material and experience which it is timely to review and disseminate. Questions such as the following require answers. What is the current state of affairs? How is judicial education implemented in developed and developing countries all around the world? Who are the educators? Who is being educated? How is judicial education on gender regarded by judges? How effective are these programs? The chapters in this book deal with these questions. They provide a multiplicity of perspectives. Six countries are represented, of these four are civil law countries (Germany, Argentina, Japan, Bosnia and Herzegovina) and two are common law countries (Canada; Uganda). This book was previously published as a special issue of International Journal of the Legal Profession.

The topic of "too many lawyers" is both timely and timeless. The future make up and performance of the legal profession is in contest, challenged by new entrants, technology and the demand for transparency; at the same time, lawyers long have participated in contests over professional boundaries. In this book, we take up several fundamental questions about the question of whether there are "too many lawyers". What do we mean by "too many"? Is there a surplus of lawyers? What sort of lawyers are and will be needed? How best can we discern this? These questions and more are addressed here in scholarly articles presented at the Onati International Institute for the Sociology of Law (Spain) by some of the best researchers in the field. The collection, witha chapter by Prof. Richard L. Abel, addresses methodological, normative and policy questions regarding the number of lawyers in particular countries and worldwide, while connecting this phenomenon to political, social, economic, historical, cultural and comparative contexts. This book was previously published as a special issue of the International Journal of the Legal Profession.

Across the country, races for judgeships are becoming more and more politically contested. As a result, several states and cities are now considering judicial election reform. Running for Judge examines the increasingly contentious judicial elections over the last twenty-five years by providing a timely, insightful analysis of judicial elections. The book ties together the current state of the judicial elections literature, and presents new evidence on a wide range of important topics, including: the history of judicial elections; an understanding of the types of judicial elections; electoral competition during races; the increasing importance of campaign financing; voting in judicial elections; the role interest groups play in supporting candidates; party organizing in supposedly non-partisan elections; judicial accountability; media coverage; and judicial reform of elections.

Running for Judge is an engaging, accessible, empirical analysis of the major issues surrounding judicial elections, with contributions from prominent scholars in the fields of judicial politics, political behavior, and law.

Contributors: Lawrence Baum, Chris W. Bonneau, Brent D. Boyea, Paul Brace, Rachel P. Caufield, Jennifer Segal Diascro, Brian Frederick, Deborah Goldberg, Melinda Gann Hall, Richard L. Hasen, David Klein, Brian F. Schaffner, and Matthew J. Streb.

- A resource suitable for both existing legal professionals and students interested in gaining an advantage ahead of practising. - Language level benchmarked against CFER (Common European Framework of Reference) means the book can be used by tutors throughout Europe. - Addresses soft language skills not met in competing titles - Features a companion website with listening exercises and, if the book is used in the classroom, teaching notes. - Authors are experienced teachers and also former legal professionals.

It has been said that the only asset that a lawyer has is time. But the reality is that a lawyer's greatest asset is information. The practice and the business of law is all about information exchange. The flow of information travels in a number of different directions during the life of a case. A client communicates certain facts to a lawyer. The lawyer assimilates those facts and seeks out specialised legal information which may be applicable to those facts. In the course of a generation there has been a technological revolution which represents a paradigm shift in the flow of information and communication. Collisions in the Digital Paradigm is about how the law deals with digital information technologies and some of the problems that arise when the law has to deal with issues arising in a new paradigm.

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.

For several years legal professions across the world have, to varying degrees, been undergoing dramatic changes as a result of a range of forces such as globalization, diversification and changes in regulation. In many jurisdictions the extent of these transformations have led to a process of professional fragmentation and generated uncertainty at institutional, organisational and individual levels about the nature and future of legal professionalism. As a result legal education is in flux in many of jurisdictions including the United States, the UK and Australia, with further effects in other Common Law and some Civil law countries. The situation in the UK exemplifies the sense of uncertainty and crisis, with a growing number of pathways into law; an increasing surplus of law graduates to graduate entry positions and most recently proposals for reform of legal education and training by the Solicitors Regulation Authority (SRA). This collection addresses both current and historical approaches showing that some problems which appear to be modern are endemic, that there are still some important prospects for change and that policy issues may be more important than the interests of lawyers and educators. This makes this volume a source of interest to lawyers, law students, academic and policy makers as well as the discerning public. This book was previously published as a special issue of the International Journal of the Legal Profession.

Published in 1821, Outlines of the Philosophy of Right is considered the definitive articulation of the legal, moral, social, and political philosophy of G.W.F. Hegel. However, shortly before its publication, Hegel delivered a series of lectures on the subject matter of the work at the University of Berlin. These lectures are unlike any others Hegel gave on the philosophy of Right in that they do not supplement a published text but rather give a full and independent presentation of his mature political thought. Yet, they are also unlike Hegel’s formal treatise in that they form a smooth and flowing discourse, much like Hegel’s lectures on the philosophy of history, philosophy of art, philosophy of religion, and history of philosophy. Substantively, these lectures contain more extensive discussions of poverty and the proletariat than are found in Hegel’s published text – discussions that carry out the retreat from optimism about the present age intimated in the preface to Outlines but nowhere evident in the text itself. Translated with an introduction and notes by Alan Brudner, Hegel’s 1819/20 lectures on the philosophy of Right present his complete thoughts on law and the state in a manner that is more accessible and engaging than any other Hegelian text on these subjects.