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Books > Law > Jurisprudence & general issues > Legal profession
The contributions in this volume suggest that "the ethics project in legal education" is increasingly an international one. Even though the strength of commitment by both the profession and the legal academy to "ethics learning" within law schools varies, two fundamental questions confront all who work in this area. First, what is it that we want our students to learn (or, perhaps, in what manner do we want our students to develop) from the teaching of "legal ethics"? Second, how can we create a learning environment that will encourage the nature and quality of learning we think is important? All the contributors to this volume take a strong stand on the importance of ethical legal practice and the role of law schools in developing students' capacities in this area. They share a belief in the essential need to encourage law students to engage with the moral dimensions of legal practice. The questions that these scholars grapple with are therefore not of the "should we be teaching this?" variety, but "how might we best to go about doing this, so that our efforts within law schools really make some difference?" Each of the chapters in this volume adds uniquely to our understanding of these matters.
This innovative volume explores empirical legal issues around the world. While legal studies have traditionally been worked on and of letters and with a normative bent, in recent years quantitative methods have gained traction by offering a brand new perspective of understanding law. That is, legal scholars have started to crunch numbers, not letters, to tease out the effects of law on the regulated industries, citizens, or judges in reality. In this edited book, authors from leading institutions in the U.S., Europe, and Asia investigate legal issues in South Africa, Argentina, the U.S., Israel, Taiwan, and other countries. Using original data in a variety of statistical tools (from the most basic chi-square analysis to sophisticated two-stage least square regression models), contributors to this book look into the judicial behaviours in Taiwan and Israel, the determinants of constitutional judicial systems in 100 countries, and the effect of appellate court decisions on media competition. In addition, this book breaks new ground in informing important policy debates. Specifically, how long should we incarcerate criminals? Should the medical malpractice liability system be reformed? Do police reduce crime? Why is South Africa's democratic transition viable? With solid data as evidence, this volume sheds new light on these issues from a road more and more frequently taken-what is known as "empirical legal studies/analysis." This book should be useful to students, practitioners and professors of law, economics and public policy in many countries who seek to understand their legal system from a different, and arguably more scientific, perspective.
A significant barrier to successful juvenile intervention is misconduct committed against juveniles by the persons employed to help them. "Professional Misconduct with Juveniles" explores the nature of employee-on-youth misconduct, its extent, its consequences, factors that increase its occurrence, and potential solutions to the problem. Obviously, employee-on-youth misconduct interferes with the effective treatment of delinquent and at-risk youth, but it also harms the agency as a whole and creates a poor working environment for all employees. "Professional Misconduct with Juveniles" offers a practical, theory-based approach to preventing or stopping such exploitation of vulnerable young men and women so that we can focus on effective approaches to rehabilitation, deterrence, and public safety. About the Real-World Criminology Series More than just
textbooks, the short books in the Real-World Criminology series are
designed to be of interest to particular fields within criminology.
They can be policy primers, spurring innovations in policing and
corrections, theoretical works dealing with policy implications, or
program evaluations incorporating theoretical foundations. Each
book covers something that is happening -or should be happening-in
the world of criminal justice.
- 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.
- 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.
Geoffrey Robertson led students in the '60s to demand an end to racism and censorship. He went on to become a top human rights advocate, saving the lives of many death-row inmates, freeing dissidents and taking on tyrants in a career marked by courage, determination and a fierce independence. In this witty, honest and sometimes irreverent memoir, he recalls battles on behalf of George Harrison and Julian Assange, Salman Rushdie and Vaclav Havel, Mike Tyson and the Sex Pistols, and battles against General Pinochet, Lee Kuan Yew and Mrs Thatcher (the true story of Spycatcher is told for the first time). Interspersed with these forensic fireworks is the story of a pimply schoolboy from a state comprehensive, inspired by a banned book to become a barrister at the Old Bailey and who went on to found the UK's leading human rights practice (Doughty Street Chambers) and to defend troublemakers throughout the world. Rather His Own Man captures the drama of the trial, the thrill of victory and the feeling of `courtus interruptus' when a big case settles. Its cast of characters includes Princess Diana, Pee-Wee Herman, Dame Edna, the Queen and Rupert - the bear and the media mogul. It's a read that is both exhilarating and erudite - and very funny.
Leadership includes the ability to persuade others to embrace one's ideas and to act upon them. Teaching law students the art of persuasion through advocacy is at the heart of legal education. But historically law schools have not included leadership studies in the curriculum. This book is one of the first to examine whether and how to integrate the theory and practice of leadership studies into legal education and the legal profession. Interdisciplinary in its scope, with contributions from legal educators and practitioners, the book defines leadership in the context of the legal profession and explores its challenges in legal academia, private practice, and government. It also investigates whether law students need to study leadership and, if they should, why it should be offered as part of the curriculum. Finally, it considers how leadership should be taught and how it should be integrated into classes. It evaluates new leadership courses and the adaptation of existing courses to reflect on how to effectively blend law and leadership in doctrinal, clinical, and experiential classrooms. The book includes a foreword by Pulitzer Prize-winning historian and noted leadership scholar, James MacGregor Burns and a foundational essay by prominent leadership scholar and one of the founders of the International Leadership Association, Georgia Sorenson. It will be a valuable resource to anyone interested in leadership, education policy and legal ethics.
Lawyers and the Construction of Transnational Justice will show students and scholars what it means in practice to talk about building transnational justice - both on the side of economic regulation and on the side of human rights and humanitarian law. It links national and transnational processes, tracing the activities of lawyers with their successful and less successful strategies to build institutions and credibility for a transnational legal field. Examples include developments in international criminal justice, including the unsuccessful quest to establish universal jurisdiction for the prosecution of human rights violators; the very successful efforts to build transnational trade and intellectual property regimes; and the relative success in building a European legal field. The introductory and concluding chapters by the co-editors, drawing on the sociology of Pierre Bourdieu, link the chapters together and explore the possibilities for a more institutionalized and unified transnational legal field - bridging the economic and corporate side with the human rights and humanitarian side.Addressing a range of international issues, Lawyers and the Construction of Transnational Justice is a major contribution to the field of sociology of law, as well as to debates about global governance.
The contemporary legal landscape is no longer a rigid hierarchy composed of limited and complacent behemoths, but rather an ecosystem, filled with a wide variety of players that facilitate disruption and revolution and jostle for clients' attention with agility and innovation. This includes - but is certainly not limited to - entities such as technology companies, consultants, alternative legal service providers, and paraprofessionals. Law firms are not the only ones in this environment that must adapt or fail; the legal department and in-house counsel, too, must transform in order to remain relevant and competitive. The world of the general counsel (GC) has already seen massive shifts - ever-increasing globalization has meant more legal issues and corporate activism, which in turn has generated new challenges and heightened demand. The GC cannot simply act in the role of outsourcer of work to external counsel, as in the past. With the growth of legal departments (it is now not uncommon for legal departments to number in the hundreds or even thousands, often formed of expensive lateral hires) the GC must now wear a number of hats, including that of the "CEO" of their department. The introduction of data analysis into the legal space and the oft-repeated mantra of "less with more" has meant that the GC must now think in terms of spend and budget more than ever before, transforming the legal department from a cost-center to a value-add. They must cultivate a breadth and scope of vision, able to organize and lead their department as an innovator. The flourishing legal ops role also provides yet another challenge for the GC. As the incorporation of legal ops within the law department becomes increasingly essential, the GC must work to ensure alignment and manage change. The present time has been hailed as the golden age of in-house lawyering, yet - and perhaps because of this - it is an uncertain and challenging time for the GC. Tipping Point: Transformation and Innovation in the Legal Department is intended as a handbook for the GC looking to build a truly modern legal department and revolutionize their role. Encompassing aspects from leveraging influence with the c-suite to reimagining organizational hierarchies and seeking the right operational professional, this publication features contributions from those at the frontiers of the profession as it transforms and embraces new areas of expertise.
Beyond the Courtroom provides a compilation of articles and chapters by a dispute resolution scholar who has made remarkable contributions over his thirty-year career. Professor Abramson has focused his research and practice on parties trying to resolve their own disputes. This book includes publications that have contributed to launching the then new field of mediation representation with special attention on how attorneys, as gate keepers to mediation, can effectively represent clients. The book also includes his original publications that have contributed to the emerging field of intercultural and international mediation and the already robust and mature field of negotiations.
Law, Ethics and the Biopolitical explores the idea that legal authority is no longer related to national sovereignty, but to the 'moral' attempt to nurture life. The book argues that whilst the relationship between law and ethics has long been a central concern in legal studies, it is now the relationship between law and life that is becoming crucial. The waning legitimacy of conventional conceptions of sovereignty is signalled the renewal of a version of natural law, evident in discourses of human rights, that de-emphasises the role of a divine law-giver in favour of an Aristotelian conception of the natural purpose of life and the 'common good'. Synthesising elements of legal scholarship on sovereignty, theories of biopolitics and biopower, as well as recent developments in the domains of ethics, Amy Swiffen examines the invocation of 'life' as a foundation for legal authority. The book documents the connection between law, life and contemporary forms of biopolitical power by critically analysing the fundamental principles of the bioethical paradigm. Unique in its critical and cross-disciplinary approach, Law, Ethics and the Biopolitical will be of interest to students and teachers in the areas of law and society, law and literature, critical legal studies, social theory, bioethics, psychoanalysis, and biopolitics.
It has been over thirty years since the founding crises that birthed legal ethics as both a field of study and a discrete field of law. In that time thinking about the ethical dimension of legal practice has taken several turns: from justifications of zealous advocacy, to questions of process and connections to specifically legal values, to more recently consideration of legal conduct as part of a wider field of virtue. Parallel to this dynamism of thought, there has also been significant changes in how legal professions, especially within those that possess a common law heritage, have been regulated and the values and conceptions of legitimate conduct that has informed this regulation. This volume represents an opportunity for a comprehensive review of legal ethics as an international movement. Contributors include many of the key participants to the legal ethics field from the United States, United Kingdom, Canada, Australia, New Zealand and South Africa, including David Luban and Deborah Rhode, as well as many of the recognised emerging thinkers. The theme of the book is taking stock of the last thirty years of legal ethics practice and scholarship and also a forum for new ideas and new thinking regarding the conduct of lawyers and the moral and social responsibility of the legal profession. The contributions also consider the topic of dynamism. Over the last decade significant developments in both the expectations of professional conduct and the regulation of the profession has been experienced in all jurisdictions, which has seen traditional, and once sacred, conceptions of lawyering challenged and re-evaluated. The contributors also look at the theme of affirmation. Within an increasingly complex environment of change and dynamism, this volume reaffirms that there is value within the field of legal ethics. That is the project of reflecting on the unique ethical and conduct requirements of lawyering can not be submerged into a broader field of applied philosophy, management or regulatory studies. While this volume does not deny the opportunities that exist for interdisciplinary engagement with philosophy, social science or politics, it affirms legal ethics as a legitimate and highly relevant field of inquiry.
Lawyers and the Construction of Transnational Justice will show students and scholars what it means in practice to talk about building transnational justice both on the side of economic regulation and on the side of human rights and humanitarian law. It links national and transnational processes, tracing the activities of lawyers with their successful and less successful strategies to build institutions and credibility for a transnational legal field. Examples include developments in international criminal justice, including the unsuccessful quest to establish universal jurisdiction for the prosecution of human rights violators; the very successful efforts to build transnational trade and intellectual property regimes; and the relative success in building a European legal field. The introductory and concluding chapters by the co-editors, drawing on the sociology of Pierre Bourdieu, link the chapters together and explore the possibilities for a more institutionalized and unified transnational legal field bridging the economic and corporate side with the human rights and humanitarian side. Addressing a range of international issues, Lawyers and the Construction of Transnational Justice is a major contribution to the field of sociology of law, as well as to debates about global governance.
Animal law is a growing discipline, as is animal ethics. In this wide-ranging book, scholars from around the world address the intersections between the two. Specifically, this collection focuses on pressing moral issues and how law can protect animals from cruelty and abuse. A project of the Oxford Centre for Animal Ethics, the book is edited by the Oxford Centre's directors, Andrew Linzey and Clair Linzey, and features contributions from many of its fellows. Divided into three sections, the work explores historical perspectives and ethical-legal issues such as "personhood" and "property" before focusing on five practical case studies. The volume introduces readers to the interweaving between these subjects and should act as a spur to further interdisciplinary work.
This is the first biography of Stanley Mosk (1912-2001), iconic protector of civil rights and civil liberties during his 37 years as a justice of the Supreme Court of California (1964 to 2001). It recounts Mosk's previously unexplored pre-Court years where he quickly rose as a leader among Los Angeles reformers, becoming the executive secretary of California governor Culbert Olson and then gaining wide popularity during his 16 years as a superior court judge. Mosk's unprecedented 1958 election and service as state attorney general soon won national attention and the promise of likely election in 1964 to the U.S. Senate, but an unexpected aborted campaign augured a new course in American history. The whole book frames Mosk's Supreme Court years and the landmark cases where his opinions or biting dissents continue to resonate. It is a singular and timely portrait of the dynamic interplay of law, politics, and justice in America.
It has never been more important for law firms to plan for the future. A highly competitive market, an aging profession, the changing ambitions of younger generations, many of whom place greater importance on work-life balance than reaching top leadership levels, and a long-held reluctance to discuss retirement and succession, all combine to create what some are calling a succession crisis. It is time to face the issue head-on and start putting systems in place to ensure the long-term success and health of lawyers and their firms: succession planning is the answer to this. A successful succession encompasses two core elements: transitioning firm management to a new generation, and transferring client relationships. This title provides guidance not only on how these two transitions can be achieved effectively, from the perspectives of both individual partners and the firm, but also on the plethora of issues involved in preparing for the departure of retiring partners and transitioning in new leadership, including compensation, the role of diversity and inclusion and financial considerations. It also considers situations where more specific and specialised plans may be required, such as managing the succession of a rainmaker or a founding partner. A strong and effective succession plan ensures that clients are retained over the long-term, retiring partners leave optimistic and satisfied, future leaders are in place and prepared for their roles, and the firm continues to grow and flourish. The shift to a more remote work environment has also made the institutionalising of processes such as succession planning even more important. By providing a thorough understanding of its many elements, this title explains how effective succession planning can be implemented and ensure smooth leadership and client transitions, securing and enhancing the current and future success of partners and their firms.
Law, Ethics and the Biopolitical explores the idea that legal authority is no longer related to national sovereignty, but to the 'moral' attempt to nurture life. The book argues that whilst the relationship between law and ethics has long been a central concern in legal studies, it is now the relationship between law and life that is becoming crucial. The waning legitimacy of conventional conceptions of sovereignty is signalled the renewal of a version of natural law, evident in discourses of human rights, that de-emphasises the role of a divine law-giver in favour of an Aristotelian conception of the natural purpose of life and the 'common good'. Synthesising elements of legal scholarship on sovereignty, theories of biopolitics and biopower, as well as recent developments in the domains of ethics, Amy Swiffen examines the invocation of 'life' as a foundation for legal authority. The book documents the connection between law, life and contemporary forms of biopolitical power by critically analysing the fundamental principles of the bioethical paradigm. Unique in its critical and cross-disciplinary approach, Law, Ethics and the Biopolitical will be of interest to students and teachers in the areas of law and society, law and literature, critical legal studies, social theory, bioethics, psychoanalysis, and biopolitics.
Criminal cases are commonly seen as a fight between adversaries of equal strength: the intrusive power of the State versus skilled defence lawyers advocating their clients' cause. The reality, according to this major new study, is rather different. The provision of defence counsel is often rudimentary and unsatisfactory. Based upon one of the largest studies of legal professional practice ever undertaken, involving nearly fifty solicitors' firms, this book offers a critical examination of the practices and organisation of defence lawyers in Britain from the moment of initial contact with clients through to the routine preparation and representation of defendants in both Magistrates' and Crown Courts, the authors show how defence lawyers discharge their obligations to clients. For the first time, this study reveals the role of paralegals and unqualified staff in providing defence assistance, and highlights how their inexperience and assumption of their client's guilt can critically undermine defendants' rights. The deficiencies highlighted by their research leads the authors to question the effectiveness of recent liberal and managerial reforms, with their excessive reliance on market-led considerations. The authors propose a cultural transformation in criminal defence work, a reassertion of the defendants' rights within an adversarial system, and offer constructive suggestions for improving defence services. Extensively researched and documented, this study is a major contribution to current debates about the criminal justice system, and as such will be required reading for all lawyers, scholars and professionals interested in the administration of justice.
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.
The contributions in this volume suggest that "the ethics project in legal education" is increasingly an international one. Even though the strength of commitment by both the profession and the legal academy to "ethics learning" within law schools varies, two fundamental questions confront all who work in this area. First, what is it that we want our students to learn (or, perhaps, in what manner do we want our students to develop) from the teaching of "legal ethics"? Second, how can we create a learning environment that will encourage the nature and quality of learning we think is important? All the contributors to this volume take a strong stand on the importance of ethical legal practice and the role of law schools in developing students' capacities in this area. They share a belief in the essential need to encourage law students to engage with the moral dimensions of legal practice. The questions that these scholars grapple with are therefore not of the "should we be teaching this?" variety, but "how might we best to go about doing this, so that our efforts within law schools really make some difference?" Each of the chapters in this volume adds uniquely to our understanding of these matters.
Other lawyers are living extraordinary lives and their success can be discovered and modeled! Who wants to spend 60 to 70 hours per week in the office? What lawyer would love nothing more than to be accessible to his or her clients 24 hours a day, 7 days a week? "Great Legal Marketing" will show you how you can implement proven strategies into your marketing campaign that will make your ideal clients come knocking on your door. "Great Legal Marketing" will dramatically alter the way you view the marketing of your law practice. Ben Glass illustrates, in an easy-to-follow format, how you can: - Improve your mindset about marketing and its purpose - Build a valuable database of past, current and future clients - Cultivate a group of followers who will send business your way - Create a system that puts your marketing on auto-pilot - Follow the footsteps of other successful lawyers who have "figured it out" - Integrate various marketing techniques into your practice...today - Avoid the common pitfalls of lawyer marketing Not only does "Great Legal Marketing" incorporate Ben's valuable advice, there are also guest chapters written by people who are in the marketing trenches on a daily basis. You will be able to learn various perspectives on marketing, including what works and what does not. Don't leave marketing to chance. Let "Great Legal Marketing" guide you on the path toward a profitable law practice that doesn't require you to spend each and every day in the office!
The study of legal ethics and the legal profession has emerged as a distinct and important field of scholarship over the last 30 years. However, as in other disciplines, academic recognition can in turn entrench static and powerful meta-theories and narratives about professional ethos and practise, this collection seeks to disrupt this homogenising impulse and to present alternative voices by bringing together a range of international scholars writing about legal ethics and the legal profession. The book features significant and timely contributions which take contemporary and non-mainstream perspectives on the current and future shape of the legal profession. The essays not only describe the rapidly changing profession but canvas different approaches to scholarship on the legal profession. The collection seeks to explore a diverse and contextualised profession from a number of angles. Authors examine how the public sees lawyers and how lawyers see their own profession; how we practise law and how this practice shapes lawyers; how such cultural and professional practice intersects with institutional structures of the law to create certain legal outcomes; and how we regulate the legal profession to modify or institute ethical practice. The volume provides insights into legal culture and ethics from the perspective of authors from Australia, Canada, England, the United States, New Zealand and Kenya - a diversity of national perspectives that give valuable insights into developments in the profession at the local and global level. It also illustrates diversity within the profession by tracing differing professional career trajectories based on raced or gendered barriers, alternative ethical strategies and the impact of organisational cultures in which lawyers practice.
It has been over thirty years since the founding crises that birthed legal ethics as both a field of study and a discrete field of law. In that time thinking about the ethical dimension of legal practice has taken several turns: from justifications of zealous advocacy, to questions of process and connections to specifically legal values, to more recently consideration of legal conduct as part of a wider field of virtue. Parallel to this dynamism of thought, there has also been significant changes in how legal professions, especially within those that possess a common law heritage, have been regulated and the values and conceptions of legitimate conduct that has informed this regulation. This volume represents an opportunity for a comprehensive review of legal ethics as an international movement. Contributors include many of the key participants to the legal ethics field from the United States, United Kingdom, Canada, Australia, New Zealand and South Africa, including David Luban and Deborah Rhode, as well as many of the recognised emerging thinkers. The theme of the book is taking stock of the last thirty years of legal ethics practice and scholarship and also a forum for new ideas and new thinking regarding the conduct of lawyers and the moral and social responsibility of the legal profession. The contributions also consider the topic of dynamism. Over the last decade significant developments in both the expectations of professional conduct and the regulation of the profession has been experienced in all jurisdictions, which has seen traditional, and once sacred, conceptions of lawyering challenged and re-evaluated. The contributors also look at the theme of affirmation. Within an increasingly complex environment of change and dynamism, this volume reaffirms that there is value within the field of legal ethics. That is the project of reflecting on the unique ethical and conduct requirements of lawyering can not be submerged into a broader field of applied philosophy, management or regulatory studies. While this volume does not deny the opportunities that exist for interdisciplinary engagement with philosophy, social science or politics, it affirms legal ethics as a legitimate and highly relevant field of inquiry.
English is the dominant language of international business relations, and a good working knowledge of the language is essential for today's legal or business professional. This book provides a highly practical approach to the use of English in commercial legal contexts, and covers crucial law terminology and legal concepts. Written with the needs of both students and practitioners in mind, this book is particularly suitable for readers whose first language is not English but need to use English on a regular basis in legal contexts. The book covers both written and verbal legal communication in typical legal situations in a straightforward manner. In addition to chapters on the grammar and punctuation utilised in legal writing, the book features sections on contract-drafting and the language used in negotiations, meetings and telephone conversations. It features a companion website which contains exercises covering the majority of the topics covered in the book's chapters. This edition thoroughly revises and expands the content of the companion website and contains updated examples, more detailed explanations of problematic areas and an expanded section on writing law essays. |
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