Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights, such as those of Canada and the United States - as well as cases in constitutional adjudication. It shows the worth of careful reflection on methodological and meta-theoretical issues for a comprehensive account of a present-day legal system which is fast becoming the norm. The author explicitly connects the ongoing Methodology Debate within legal philosophy to constitutional adjudication and Canadian law. By drawing out the implications of the Methodology Debate and the challenge of giving a proper account of constitutional adjudication in a general theory of law, the study examines how a descriptive, morally and politically neutral legal theory can deal with epistemic uncertainty - uncertainty about the actual status of moral-political legal provisions and their jurisprudential function - in a thoroughgoing manner. It also demonstrates the merits of a minimalist version of Legal Positivism with regard to the practical importance of charters in charter systems and societies.

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.

Why this report, why now? We began 2020 in bright spirits and bountiful economic conditions; by early March all that had changed. Economic adjustments were made and, overall, firms ended the year in much better shape than their spring worst-case projections anticipated. Some firms were even close to their original 2020 profit expectations to date - largely due to quick actions to curtail expenditures as COVID-19 got underway in the US. Adjusting the Numbers: The Future of Finance in Law Firms looks back at a year like no other in our lifetimes, highlighting pricing, budgeting, strategic planning and people management principles, and identifying good compensation practices that can be applied during the pandemic, its gradual cessation, and beyond. Unique selling points: First title to look at financial performance post-COVID, focusing on pricing, compensation, financing, KPIs and partner management.

How does one become a member of an elite profession? Managing Elites examines how elites-in-training contest, rationalize and ultimately enthusiastically embrace their dominant positions in society. Using interviews with 79 law and MBA students, the author argues that elite socialization requires both accommodation and resistance to professional ideologies. Students develop a collective cynicism about elements of their education, learning that their discipline imparts esoteric knowledge - but also claiming that they didn't learn anything. They struggle with the idea that fellow students are all equally intelligent and therefore deserving of elite status, and the continuing emphasis on activities that sort students. Students resist that paths to success promoted by school cultures-investment banking, consulting, or becoming partner in a large law firm. Such cynicism is indeed ultimately revealed to be temporary, as most students end up in full support of these "jobs of least resistance". Their critiques do, however, create tensions: between competition and cooperation, between the individual and the collective, and between egalitarianism and elitism. Part of elite socialization is learning to deal with these tensions, or more specifically, to hold contradictory ideals at the same time.

An urgent plea for much needed reforms to legal education The period from 2008 to 2018 was a lost decade for American law schools. Employment results were terrible. Applications and enrollment cratered. Revenue dropped precipitously and several law schools closed. Almost all law schools shrank in terms of students, faculty, and staff. A handful of schools even closed. Despite these dismal results, law school tuition outran inflation and student indebtedness exploded, creating a truly toxic brew of higher costs for worse results. The election of Donald Trump in 2016 and the subsequent role of hero-lawyers in the "resistance" has made law school relevant again and applications have increased. However, despite the strong early returns, we still have no idea whether law schools are out of the woods or not. If the Trump Bump is temporary or does not result in steady enrollment increases, more schools will close. But if it does last, we face another danger. We tend to hope that crises bring about a process of creative destruction, where a downturn causes some businesses to fail and other businesses to adapt. And some of the reforms needed at law schools are obvious: tuition fees need to come down, teaching practices need to change, there should be greater regulations on law schools that fail to deliver on employment and bar passage. Ironically, the opposite has happened for law schools: they suffered a harrowing, near-death experience and the survivors look like they're going to exhale gratefully and then go back to doing exactly what led them into the crisis in the first place. The urgency of this book is to convince law school stakeholders (faculty, students, applicants, graduates, and regulators) not to just return to business as usual if the Trump Bump proves to be permanent. We have come too far, through too much, to just shrug our shoulders and move on.

With the United Kingdom’s exit from the European Union now confirmed, this new Special Report provides a practical explanation of data protection laws as they will exist in a post-EU environment. GDPR will continue, and will be known as UK GDPR, reinforced by additional legislation specific to UK circumstances. Data Protection: The New UK GDPR Landscape takes the reader through the key principles of data protection law and explores the scope of UK legislation and how to assure compliance with the law. Also featured are important recent developments including the Morrisons data breach case and the ECJ judgment on data transfers under the US/UK Privacy Shield. Chapters will cover: a brief history of UK data protection law understanding terminology and how it is used the key data protection principles what it means to be a data controller or data processor transparency – how to draft privacy policies what is special about ‘special category data’? children’s data – duties reflecting the position of children international data transfers – the new UK approach information governance – what the law expects managing subject access rights artificial intelligence and data protection – the tension between innovation and privacy the likely future pathway for data protection in the UK Each topic is illustrated with case studies and references to relevant case law. This Special Report will be of interest to in-house counsel and individuals responsible for personal data management and governance, including data protection officers and anyone with responsibility for data systems and infrastructure at a senior level.

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.

Client loyalty is increasingly difficult to earn and sustain. Furthermore, heightened focus by clients on efficient, cost effective and innovative service delivery - while trying to do more in-house and through automation - makes it more difficult for law firms to remain a dominant firm of choice. Added to this, firms are seeing growing numbers of RFPs and increased competition from law companies, technology providers and clients themselves. Written by management consultant veteran of 35 years, Susan Saltonstall Duncan of RainMaking Oasis, this Special Report addresses the key components of building superior client relationships that result in greater loyalty and long-term success. Featuring case studies and insights from leading companies and business professionals responsible for law firm selection and oversight, it covers legal operations, innovation and client development, and includes a wealth of practical suggestions. The report contains five core sections: *The loyal client framework, which looks at customer experience and clients as loyalists; *A roadmap, getting started and staying on the right foot with clients, which deals with trustworthiness, client feedback and dealing with difficult clients; *Developing loyal client relationships, in-person and remotely, covering remote relationship development, key client teams/account management and succession planning; *Earning loyalty through value, innovation and collaboration, including aligning value, convergence, cross-selling and diversity; and *An appendix with tips and multiple checklists. This title will prove useful to lawyers, law firm leaders, client relationship partners and managers, and all business professionals that support firms in delivering superior service to clients. Moreover, it will assist lawyers to stay relevant and valuable through deeper understanding of a client's needs, enabling them to become a trusted business partner, build and oversee collaborative teams and implement innovative delivery models and tools.

Why this report, why now? It is of course an understatement to say our lives have changed massively since the end of March 2020. The restrictions that have had to be brought in to control COVID-19 saw almost all of us forced to work from home, only connected to our colleagues and clients by Teams, Zoom, and Facetime. At the time it looked like this was going to be a six-month blip. We'd ride it out then things would start to go back to normal and we could carry on as we were. We all now know that is definitely not the case. As I started writing this book in late October 2020 we had started to see a slight return to the office - albeit in shifts to maintain the required social distancing - and face-to-face meetings over coffee or lunch were starting to creep back in. However, it now looks as though in the short-term at least the restrictions will get tighter before they relax again. But you know all this. What does it have to do with business development? Way back in March, a lot of law firms pushed business development to the bottom of their priorities. Work had to come first. And, as we can't do business development the way we always have, there was no way to keep it going even if we wanted to. The only problem is, if you don't do any business development, you are not going to generate the new work required to sustain your practice. You are also going to put yourself at high risk of losing the client relationships you have worked so hard to build. This meant we had to quickly come up with new ways to do business development from home. We had to adapt our approach by using the tools that were available to us. We had to replace physical business development with virtual business development. The Virtual Lawyer examines those new virtual ways of approaching marketing and business development, explaining how you can continue to strengthen your existing relationships, boost your visibility in the markets you serve, and generate the new introductions and new opportunities you'll need to grow your practice whilst working remotely. The book uses a three-step model, designed to take us from where we are today to where we need to be in the future, whatever that future ends up looking like. These three steps are React, Refresh, and Return.

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.

Being a Christian lawyer is possible, but not easy. Law professor Michael Schutt believes that although there are significant obstacles, Christians belong in the legal profession and should regard it as a sacred calling. The Christian God is, after all, a God concerned with justice, both divine and human. However, the pathway beginning with law school and leading to the daily demands of practice doesn't provide much guidance for pursuing law as a Christian calling. Schutt offers this book as a vital resource for reconceiving the theoretical foundations of law and gives practical guidance for maintaining integrity within a challenging profession. A hopeful and practical book for law students and those serving in the legal profession.

This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law world and analyses a number of issues relevant to lawyers' part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers' interactions with mediation and by examining historical and current trends in lawyers' dalliance with mediation, this book seeks to shed new light on a number of related issues, including: lawyers' resistance to mediation; lawyers' motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general."

A timely and apposite treatise on Papua New Guinea's economic environment, this book explores business organizations law and various aspects of commercial law in Papua New Guinea in a readable and informative style.

Business and commerce is the twin engine that propels the economy of a modern nation. They ensure steady economic growth and development. In an age of globalization, they assume even greater importance than at any time in human history. A nation risks being marginalized or left behind in the race for a share of the world economic market unless it ensures the stability of its business and commercial sector. Trade regulation, good governance and democratic institutions go hand in hand in guaranteeing political and social equilibrium. As such the laws designed to facilitate trade and commerce are a vital component of the political and social equation.

This is a valuable book for law students, legal practitioners, accountants and business executives, not only within Papua New Guinea, but also in Australia and throughout the South Pacific.

A timely and apposite treatise on Papua New Guinea's economic environment, this book explores business organizations law and various aspects of commercial law in Papua New Guinea in a readable and informative style.

Business and commerce is the twin engine that propels the economy of a modern nation. They ensure steady economic growth and development. In an age of globalization, they assume even greater importance than at any time in human history. A nation risks being marginalized or left behind in the race for a share of the world economic market unless it ensures the stability of its business and commercial sector. Trade regulation, good governance and democratic institutions go hand in hand in guaranteeing political and social equilibrium. As such the laws designed to facilitate trade and commerce are a vital component of the political and social equation.

This is a valuable book for law students, legal practitioners, accountants and business executives, not only within Papua New Guinea, but also in Australia and throughout the South Pacific.

Law and the City offers a lateral, critical and often unexpected description of some of the most important cities in the world, including Moscow, Istanbul, Berlin, Singapore, Athens, Mexico City, Toronto, Sydney, Johannesburg: each one from a distinctive legal perspective.

An invaluable 'guide' to adopting a different approach to the city and its history, culture and everyday experience, Law and the City is not simply an exploration of the relationship between these two spheres.

It details:

• 
  

  
  

• a flourishing of law's spatiality and urban legal locality
• 
  
• an unfolding of both the juridical urban body and the city's legal dreams, of both the 'urban law' and the 'juridical polis'.
• 
  

Enlightening and at the same time problematizing the reader, this volume is an innovative collection of truly global dimensions that will prove compelling reading both for specialists and for critical travellers.

Successful talent management approaches in law firms focus on creating the conditions for lawyers to thrive and succeed rather than on "managing talent" in the traditional sense. This book reveals the various strategies that law firms of all sizes can take to foster and maintain their lawyers' naturally high level of motivation and search for excellence so that they can deploy their full potential, collaborate and be fit to constantly adapt to change. Following trends seen in other knowledge intensive industries, a number of leading law firms have, in the last few years, started to shift their perspective and initiated interesting changes, particularly in the way they manage performance or consider career progressions. The second edition of this book coordinated by Rebecca Normand-Hochman explores the various elements of what law firms can do to "manage talent" in the most effective ways as well as to overcome the challenges that firms often encounter in their efforts. Topics covered include setting the foundations of a successful talent management strategy, new approaches to managing performance, leading lawyers through change, effective teamwork and collaboration, cultural intelligence and how to develop innovative mindsets for future challenges. Chapters provide practical guidance from experts internationally to help law firm leaders and partners create the conditions for their teams and themselves to develop to the highest levels of success. This book will also be of interest to learning and development specialists and to emerging leaders seeking to understand what will be required of them to inspire others to thrive.

Trial by jury is one of the most important aspects of the U.S. legal system. A reflective look at how juries actually function brings out a number of ethical questions surrounding juror conduct and jury dynamics: Do citizens have a duty to serve as jurors? Might they seek exemptions? Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? Under what conditions might jurors make a valid choice to hold out against or capitulate to their fellow jurors? Is it acceptable to form alliances? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Contributors: Jeffrey Abramson, B. Michael Dann, Shari Seidman Diamond, Norman J. Finkel, Paula Hannaford-Agor, Valerie P. Hans, Julie E. Howe, Nancy J. King, John Kleinig, James P. Levine, Candace McCoy, G. Thomas Munsterman, Maureen O'Connor, Steven Penrod, Alan W. Scheflin, Neil Vidmar

Law and the City offers a lateral, critical and often unexpected description of some of the most important cities in the world, including Moscow, Istanbul, Berlin, Singapore, Athens, Mexico City, Toronto, Sydney, Johannesburg: each one from a distinctive legal perspective.

An invaluable 'guide' to adopting a different approach to the city and its history, culture and everyday experience, Law and the City is not simply an exploration of the relationship between these two spheres.

It details:

• a flourishing of lawa (TM)s spatiality and urban legal locality
• an unfolding of both the juridical urban body and the citya (TM)s legal dreams, of both the a ~urban lawa (TM) and the a ~juridical polisa (TM).

Enlightening and at the same time problematizing the reader, this volume is an innovative collection of truly global dimensions that will prove compelling reading both for specialists and for critical travellers.

This new book argues that sovereignty, generally defined as the supreme authority in a political community, has a neglected democratic dimension that highlights the expansion of substantive individual rights and freedoms at home and abroad. Offering an historically based assessment of sovereignty that neither reifies the state nor argues sovereignty and the state are eroding under globalizing processes, the book maintains that sovereignty norms have continually changed throughout the history of the sovereign state. Matthew Weinert links international legal developments that restrict and coordinate sovereignty practices with an ethical undercurrent in International Relations, one such example is the creation of the International Criminal Court in 2002. Drawing on seven additional historical case studies, he outlines how campaigns informed by a commitment to the common good, or at the very least by opposition to harmful state policies, can be and have been efficacious in transforming the normative basis of sovereignty. Democratic Sovereignty will be of great interest to students working in the fields of sovereignty, international history, ethics, globalization and international relations.

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.

The COVID-19 pandemic has changed working practices across the globe. It has been predicted that as much as 80 percent of the legal workforce will remain transient or permanently working from home after the COVID-19 crisis ends, with only around a fifth as full-time office workers. Although law firms typically weather downturns better than the overall economy, revenues, working practices, and working culture will all change. The expected economic downturn may not directly translate into a decline for professional services, as market difficulties, regulatory responses, stimulus programs, changes in employment, and other stressors provide potential sources of demand - particularly in the legal sector. What is clear is that personnel issues will come to the fore, and law firm leaders will have to respond proactively, both to mitigate risk and to make the best of a challenging and changing situation. Transitioning from an industry famed for office working to one that is more responsive, flexible and individualistic will provide as many opportunities as it will challenges.

Trial by jury is one of the most important aspects of the U.S. legal system. A reflective look at how juries actually function brings out a number of ethical questions surrounding juror conduct and jury dynamics: Do citizens have a duty to serve as jurors? Might they seek exemptions? Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? Under what conditions might jurors make a valid choice to hold out against or capitulate to their fellow jurors? Is it acceptable to form alliances? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Contributors: Jeffrey Abramson, B. Michael Dann, Shari Seidman Diamond, Norman J. Finkel, Paula Hannaford-Agor, Valerie P. Hans, Julie E. Howe, Nancy J. King, John Kleinig, James P. Levine, Candace McCoy, G. Thomas Munsterman, Maureen O'Connor, Steven Penrod, Alan W. Scheflin, Neil Vidmar

Pandemics bring the world to a standstill. All economies are based on confidence, yet during and after a pandemic, uncertainty and fear abound. The entire professional services sector the world over - which includes law firms, accounting firms, brokerages, consulting firms, etc. - are cash-based, people-centric, and relationship-driven businesses. The rapid changes to relationships - both professional and personal - caused by a pandemic are structural and deep. The definition of "business as usual" is altered, and all professional services providers need to adapt and change quickly to respond to the new ways that employees, clients, and everyone else will behave, communicate, buy, and use their services in the future. The speed at which information travels will not slow down.

This book demonstrates that law can be newly interrogated when examined through the lens of literature. The book creates simple pathways which energise and illustrate the links between legal theory and legal science and doctrine through the wider visions of history, literature and culture. This broadening approach is integral to understanding law in the context of wider debates and media in the community. The book provides a collection of essays, with additional commentary which reflects upon very recent scholarship and debate on a range of ethico-legal topics; it also illustrates how conventional legal matters may be rendered lively and palatable, as an adjunct to approaching doctrine and cases 'cold' in the conventional textbook manner. The chapters range from examination of current thought on cohabitation and marriage laws (via Jude the Obscure), 19th century medico-legal cases relevant to current narratives of insanity in women and the nature and status of expert evidence generally; assisted suicide and autonomy (via a poem by Jon Stallworthy) to an essay on the nature of race and ethnicity (via a poem by R S Thomas), a discussion of obscenity and moral philosophy (via an essay on Crash by J G Ballard and the philosophy of Bernard Williams) and a history of ideas discussion of positivism, natural law and political crisis, war and terrorism through legal and political theory texts and a poem by Auden. The materials refer to case law where appropriate.

For some time criminologists have been occupied by the question of whether crime and crime control differs from country to country and between cultures? This book addresses the issues of crime and social control in the 21st century and is designed to provide a comprehensive account of key issues in comparative. cross-cultural and transnational criminology. It considers the nature of comparative and cross-cultural criminology; presents an examination of crime and social control issues in selected regions or countries; focuses on the analyses of major forms of transnational crime and critically examines social control in a transnational perspective. Transnational and Comparative Criminology provides the most comprehensive analyses available to students and others interested issues surrounding comparative and transnational criminology.