- 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.

Biomedical patents have been the subject of heated debate. Regulatory agencies such as the European Patent Office make small decisions with big implications, which escape scrutiny and revision, when they decide who has access to expensive diagnostic tests, whether human embryonic stem cells can be traded in markets, and under what circumstances human health is more important than animal welfare. Moreover, the administration of the Trade Related Aspects of Intellectual Property Rights by the World Trade Organization has raised considerable disquiet as it has arguably created grave health inequities. Those doubting the merits of the one size fits all approach ask whether priority should be given to serving the present needs of populations in dire need of medication or to promoting global innovation. The book looks in detail into the legal issues and ethical debates to ask the following three main questions: First, what are the ideas, goals, and broader ethical visions that underpin questions of governance and the legal reasoning employed by administrative agencies? Second, how can we democratize the decision making process of technocratic institutions such as the European Patent Office? Finally, how can we make the global intellectual property system more equitable? In answering these questions the book seeks to contribute to our understanding of the role and function of regulatory agencies in the regulation of the bioeconomy, explains the process of interpretation of legal norms, and proposes ways to rethink the reform of the patent system through the lens of legitimacy.

Succeed in your course and prepare for your paralegal career with ESSENTIALS OF CONTRACT LAW, Second Edition. Presenting the law of contracts in an understandable and organized manner, the book's effective "road map" approach to contracts helps you master the details of contract formation, determining the applicable law, unenforceable contracts and breach of contract. In addition, the author separately addresses the impact of Article 2 of the UCC, federal preemption, and the UN's Convention on the International Sale of Goods (CISG). Cutting through excess verbiage and outdated doctrine, the book develops each rule of law by presenting theory, illustrating it with an example, and providing a "problem" to give you hands-on practice.

Law students, laterals, government lawyers, and even senior in-house attorneys often make costly mistakes during interviews. Nail Your Law Job Interview provides tips, examples, and substantive advice on different kinds of job interviews. It is the only comprehensive interview book for lawyers.

Through real-life examples and tips from hundreds of prominent legal professionals, this book reveals successful interview strategies, insider perspectives, and bold moves. Topics include:

[[Unique challenges facing foreign and "involuntary" job applicants.

[[Questions not to ask and answers to avoid.

[[Body language, gap-fillers, and effective interview questions.

[[What to wear, what to bring, and how to do your homework.

[[Lunch interview etiquette.

[[Dealing with inappropriate questions and arrogant interviewers.

[[Tips for working with a headhunter and negotiating an offer.

As one of the 'learned' professions requiring advanced learning and high principles, law enjoys a special standing in society. In return for its status and rank, the legal profession is expected to exhibit the highest levels of honesty, trust and morality, the very values which underpin the legal system itself. This, in turn, entrusts to legal education a particular problem of addressing, not only the substantive elements of the body of law, but a means through which the characteristics of the 'calling' of law are imparted and instilled. At a time when the very essence of the legal profession is under threat, this book calls for a realignment of the legal curriculum and pedagogies so as to emphasise the development of culture over industry; character over eloquence; and calling over skill. Chapters are grouped around the core content and key themes of Curiosity, Calling, Character and Conscientiousness, Contract, and Culture. The volume includes contributions from leading experts, drawn internationally and from other professional disciplines in order to present alternative approaches aimed at tackling common issues, providing insight, and provoking debate.

We all know that law is a people business. Clients buy from lawyers whom they like, respect, and trust, and they judge those lawyers and their firms on the quality of service that the firm provides, the results achieved, and whether they receive value for money. This applies to corporate, institutional, and private clients alike. For their business plans to be connected to reality, partners and law firm leaders must learn how they are perceived by their clients and adapt accordingly. They do this by listening to their clients. Historically this was through informal, fireside chats. In recent years, many firms have devised formal client listening programs and in recent years there has been an explosion of review sites and social media channels enabling clients to leave their unfiltered and public feedback, whether solicited or not. Forward-looking firms are adopting multi-channel approaches to taking feedback to maximize the intelligence they gather and to adapt to clients' own preferences. As ever, the most nimble and adaptable will reap the rewards. The Client Experience: How to Optimize Client Service and Deliver Value looks at the client experience from end-to-end, from client listening programs to journey mapping, from customer audits to how legal tech can help improve the way a client interacts with a law firm throughout its relationship. A client-centric business model is essential for future law firm success and the authors of this far-reaching title utilize their own experience and real-life case studies to drill down into the importance of maintaining the one thing no business can do without: its client.

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.

11 Oak Street is the true story of how the Queen's bankers, Coutts & Co, sent two cashier's cheques to the law firm of Urie Walsh in San Francisco with the wrong address on the envelope (11 Oak Street instead of 1111 Oak Street), setting off a chain of events that led to the abduction of a three-year-old child from Bristol, England, to San Francisco, California. It is a horrifying story of greed, ineptness, corruption, stupidity and wasted years as the father tries to seek justice and access to his son in the midst of a thirteen-year nightmare that even Kafka could not have thought up. If you want to read about the seven California lawyers involved in this story who either went to jail, were disbarred, or resigned with charges pending, and inept judges who broke all the rules or were disciplined, this is the book for you. This is a story that would never have happened if those concerned had fulfilled their duties correctly and not broken the law. If Graham Cook, the author, had known then what he knows now, there would have been no story and he would not have gone bankrupt, become homeless or, through the corruptness of his own brother, ended up in a California jail. This is the book the California Judges Association refused to let me promote to its members lest it offend some of them, which of course it will do as the book exposes improper and on occasions corrupt conduct by some of its past and present members. The best way to describe this book is that everything that could go wrong went and if the internet was around at the start of the nightmare most of what went on in this book would not have happened.This is a book where certain people have gone to extraordinary lengths to stop people buying and have dismally failed in their objective.

Ethics and regulation have been catchwords of the late 1990s, yet relatively little has been written about the ethical discourse and regulation of the legal professions in England and Wales. This book attempts to subject the ethical discourse of the English legal professions to in-depth analysis and sustained critique. Drawing on insights from moral philosophy, social theory, the sociology of the legal profession, public law theories of regulation, and the extensive American literature on lawyers ethics, it argues that, in seeking to provide definitive answers to particular problems of professional conduct, professional legal ethics has failed to deliver an approach which requires lawyers actively to engage with the ethical issues raised by legal practice. Through an analysis of the core issues facing lawyers, the authors locate this failure in the profession's reliance on a liberal and adversarial role morality that conceptualizes the ethical values of human dignity, autonomy and equality in a formalistic and narrowly legalistic manner. The text is a wide-ranging and thought-provoking analysis written for lawyers, ethicists and policy-makers interested in this neglected area of pr

This book examines an interesting and relatively understudied area of the evolution of the international rule of law and the role of professional ethics. The rule of law has been gradually developed and promoted at the national level over centuries, however at the international level it has only recently received (more in rhetoric than in implementation) support from a macro perspective - developments of international rules and institutions, and from a micro perspective - ethical codes, independence and un-bias of professionals, working in international organizations and tribunals. The book offers analysis and recommends policies to strengthen the rule of law at international level to meet a major global governance demand in ensuring equity, justice, stability and consistency in international affairs.

In recent years, controversy has surrounded the role of top government lawyers in the United States and the United Kingdom. Allegations of bad lawyering and bad ethics in public office over the 'torture memos' in the United States and the political pressure placed on the Attorney-General in the United Kingdom to approve the legality of the Iraq war, have seen these relatively obscure group of government lawyers thrust into the public debate. Unlike its Anglo-American contemporaries, Australia's chief legal adviser, the Solicitor-General, has remained largely out of the public eye. This collection provides a rare and overdue insight into a fundamental public institution in all Australian jurisdictions. It provides a historical, theoretical, practical and comparative perspective of this little known, but vitally important, office at a time when the transparency and accountability of government has taken on an increased significance. Of interest to anyone interested in the integrity of government, the book will be particularly useful to government, political parties and the academy. It will also be a valuable reference work to those working towards a redefinition of the role of top government legal advisors.

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.
Includes a typology developed to serve as a theoretical framework for studying employee-on-youth misconduct Offers solutions for prevention, detection, and intervention Ideal for use as a supplemental text in many criminology courses or as one of a collection of smaller texts for high-level theory courses

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.

An account of a fundamental change in American legal thought, from a conception of law as something found in nature to one in which law is entirely a human creation. Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer's toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal system, lawyers began thinking of judges as makers of the law instead. In The Decline of Natural Law, the eminent legal historian Stuart Banner explores the causes and consequences of this change. To do this, Banner discusses the ways in which lawyers used natural law and why the concept seemed reasonable to them. He further examines several long-term trends in legal thought that weakened the position of natural law, including the use of written constitutions, the gradual separation of the spheres of law and religion, the rapid growth of legal publishing, and the position of natural law in some of the 19th century's most contested legal issues. And finally, he describes both the profession's rejection of natural law in the late 19th and early 20th centuries and the ways in which the legal system responded to the absence of natural law. The first book to explain how natural law once worked in the American legal system, The Decline of Natural Law offers a unique look into how and why this major shift in legal thought happened, and focuses, in particular, on the shift from the idea that law is something we find to something we make.

Delegitimation has become the new battleground for Israel and the critics of Israeli military operations. But the Israeli experience reveals a more general engagement where all states act strategically to build legitimacy for their policies and all resist attempts at delegitimation. To understand these processes it is necessary to see how politicized moral and legal judgments shape both the use of force by states and our judgments about the means and the outcomes. This is a book about legitimacy, military lawyers, and security. More particularly, it is about how the legitimacy of Israel's asymmetric military operations cannot be detached from the politics of law and ethics. Sometimes it is enough that states respect the laws of armed conflict, but at other times they may be held to a higher standard. This does not happen in a vacuum. Rather it is the product of political engagement in the murky politics of international legitimacy where standards are negotiable and some states get a harder time than others. There is a strong theoretical analysis underpinning a discussion that constantly returns to the practical problems of modern armed conflict where combatants hide among civilians and states complain about the unrealistic expectations of human rights NGOs. Here, the law is unclear and there are choices to be made. The book presents new research into the involvement of Israeli military lawyers in operational targeting decision making that has life and death consequences. The case studies concern targeted killing during the Second Intifada, Israel's 2006 Lebanon War, the 2009 Operation Cast Lead in Gaza and, finally, the 2010 Israeli maritime interception of the 'Turkish Flotilla' to Gaza. The investigation identifies a struggle between the proponents of human rights in war and those who promote the rights of states to deploy military force for the security of their citizens. But not all parties to a military conflict are held to the same standards. In fact, the analysis maps a complex political deployment of law and ethics in the strategic calculation of legitimacy costs and the diplomatic processes whereby they are contested, with policy implications for those in charge of the design and execution of military operations.

The present publication collects the contributions of the colloquium "How to Become a Lawyer in Europe", which took place on June 4, 2010 in Andorra la Vella - within the frame-work of the 15th annual meeting of the representatives of the Network of European Universities in Legal Studies. We gathered articles concerning not only many European countries but also the United States and a special contribution is made to the system in California (USA). Each part is a unique guide through internal regulations leading to different legal professions. The articles present the academic education system in the field of law and also special requirements and professional exams giving the right/permission to perform legal professions. The reader will see the differences and similarities especially in the European systems of the presented countries.

- 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.

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.

This detailed study of the lived experience of legal academics explores not only the culture of legal academia and the professional identities of law teachers, but also addresses some of the most pressing issues currently facing the discipline of law. Given the diverse nature of contemporary legal scholarship, where does the future lie - with traditional doctrinalism, socio-legal studies or critical scholarship? What does academic law have to offer its students, the legal profession and the wider society? How do legal academics "embody" themselves as law teachers, and how does this affect the nature of the law they teach and study? In the context of the RAE, the QAA and all the other pressures facing universities, legal academics discuss the realities of contemporary legal academia in the UK.

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.

This book is about supervision in the legal profession with a focus on the experience of novice lawyers. It is the first of its kind. Until now there have been a range of books dedicated to professional supervision in many disciplines, but not law. Supervision is an important link between formal university-based legal education and independent practice and is relevant to a range of contemporary legal practice issues including changes driven by technology, workplace culture, regulating law firm management, and well-being. This book aims to be scholarly and practical. It provides an overview of how supervision is positioned in the legal regulatory framework; it describes how supervision is conceived in the legal profession and practice management literature; and draws lessons from clinical legal education and other professional disciplines. By reporting on survey data, this book also provides insights into practitioners' attitudes and perceptions about supervision in legal practice.

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!

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.