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Books > Law > Jurisprudence & general issues > Legal profession
Contemporary legal reasoning has more in common with fictional discourse than we tend to realize. Through an examination of the U.S. Supreme Court's written output during a recent landmark term, this book exposes many of the parallels between these two special kinds of language use. Focusing on linguistic and rhetorical patterns in the dozens of reasoned opinions issued by the Court between October 2014 and June 2015, the book takes nonlawyer readers on a lively tour of contemporary American legal reasoning and acquaints legal readers with some surprising features of their own thinking and writing habits. It analyzes cases addressing a huge variety of issues, ranging from the rights of drivers stopped by the police to the decision-making processes of the Environmental Protection Agency-as well as the term's best-known case, which recognized a constitutional right to marriage for same-sex as well as different-sex couples. Fiction and the Languages of Law reframes a number of long-running legal debates, identifies other related paradoxes within legal discourse, and traces them all to common sources: judges' and lawyers' habit of alternating unselfconsciously between two different attitudes toward the language they use, and a set of professional biases that tends to prevent scrutiny of that habit.
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!
First published in 1999, this international collection of essays on legal education addresses the following issues: The Law School and the University. Research into legal education has often been regarded as a marginal activity as compared with research into substantive areas of law. However, recent years have seen a growing interest in discussions about the purpose of the university law school and the ways in which law is taught within it. Are we educating professional lawyers or legal scholars? What do we really mean when we say we want to offer 'a liberal education in the law'? What effect are the current changes in higher education funding and policy having on law schools and what takes place within them? The international group of scholars who have contributed to this collection come from very different jurisdictions, but they have written about topics which, while they have local resonances, are of concern globally. Global Issues, Local Questions addresses matters which concern all law teachers, whatever their field of substantive legal expertise.
There is significant asymmetry of information and knowledge between insurers and insureds in relation to consumer insurance contracts involving home buildings, home contents, motor vehicle cover, travel, personal accident and consumer credit. In some respects, the insured is in a superior position - he or she is aware of the particular circumstances surrounding the subject matter of the insurance contract and any specific risks to which the property is exposed or where liability may be incurred. Conversely, the insurer is in an advantageous position as regards the scope and content of the insurance cover being sought. The insured is aware of the primary features of the transaction (such as the type of cover, the quantum of cover and the premium payable) but is unlikely to have a clear (or any) understanding of subordinate terms such as average clauses, subrogation provisions and the myriad of exclusions, excesses and limitations upon liability.
The Insurance Act 2015 ('the Act') is the first comprehensive statutory reform of the insurance law of the United Kingdom since the Marine Insurance Act 1906. It introduces thorough and, in some cases, fairly drastic reform of some of the core tenets of UK insurance law, including: the insured's pre-contractual duty to the insurer, and remedies for its breach; the knowledge of the insured and the insurer for the purposes of the pre-contractual duty; the effect of insurance warranties and other terms tending to reduce the risk of loss; fraudulent claims; and damages for failure to pay an insurance claim in a reasonable time. This book is a thorough introduction to the Act. It focuses primarily on the impact of the Act on English law as applied to non-consumer insurance and reinsurance. Of assistance not only to insurance lawyers and members of the judiciary, but also underwriters, claims handlers, brokers and buyers of non-consumer insurance policies, this book covers each of the core changes brought about by the Act. It also analyses the particular ways in which the Act differs from existing law, by reference to the Marine Insurance Act 1906, and cases decided under the old law.
This is the definitive biography of the famous crimefighter, Eliot
Ness. Ness went on to enjoy a successful law enforcement career in Cleveland, ridding the city of corrupt cops and organized crime figures. You've heard the legend; now learn the REAL STORY.
The Lawyer's Guide to the Future of Practice Management provides law firm leaders with expert opinion on the very latest guidance and market knowledge on what today's legal marketplace might look like tomorrow, organized into four crucial areas of practice management - technology, people and culture, finance and strategy - before taking a horizon-scan of the future, and what law firms need to be aware of in the coming months and years.
Mid-sized law firms in today's legal marketplace are often given three choices: merge, grow, or die. That's accepted wisdom. Mid-sized firms may try to compete for profitable corporate litigation, deals and other bread-and-butter work, but everyone knows they (1) don't have the IT and other systems heft to innovate with the big players (2) don't have the scale to market and compete for global business and (3) can't attract the talent they need to go head-to-head with Big Law on major work. But what if that's wrong? What if mid-sized firms are in an ideal position to fix what's wrong with law practice today? Competitive Strategies for Mid-Sized Law Firms - a collection of essays by and about mid-sized firms - offers a new perspective.
Doping is undoubtedly one of the most controversial issues within sport. Doping scandals wreck the careers of sportsmen and women, they can bankrupt governing bodies, infringe personal liberties, threaten livelihoods, tarnish images, galvanise the European Union, undermine the Olympic Movement and invoke invective from politicians. In recent years, sports law has developed into one of the most exciting and challenging legal disciplines and the importance of the law in doping matters has been heightened by the influx of money into sport and the development of sport as a global economy. Drugs and Doping in Sport brings together work from leading academics, practitioners and administrators, analyses contemporary socio-legal and political themes related to doping in sport. It provides a challenging and often controversial view of doping issues and confronts political and legal orthodoxy, supplying the reader with a unique insight into this fascinating area of academic study.
The Neuroethics of Memory is a thematically integrated analysis and discussion of neuroethical questions about memory capacity and content, as well as interventions to alter it. These include: how does memory function enable agency, and how does memory dysfunction disable it? To what extent is identity based on our capacity to accurately recall the past? Could a person who becomes aware during surgery be harmed if they have no memory of the experience? How do we weigh the benefits and risks of brain implants designed to enhance, weaken or erase memory? Can a person be responsible for an action if they do not recall it? Would a victim of an assault have an obligation to retain a memory of this act, or the right to erase it? This book uses a framework informed by neuroscience, psychology, and philosophy combined with actual and hypothetical cases to examine these and related questions.
A long-overdue expose of the astonishing yet shadowy power wielded by the world's largest law firms. Though not a household name, Jones Day is well known in the halls of power, and serves as a powerful encapsulation of the changes that have swept the legal profession in recent decades. Founded in the US in 1893, it has become one of the world's largest law firms, a global juggernaut with deep ties to corporate interests and conservative politics. A key player in the legal battles surrounding the Trump administration, Jones Day has also for decades represented Big Tobacco, defended opioid manufacturers, and worked tirelessly to minimise the sexual-abuse scandals of the Catholic Church. Like many of its peers, it has fought time and again for those who want nothing more than to act without constraint or scrutiny - including the Russian oligarchs as they have sought to expand internationally. In this gripping and revealing new work of narrative nonfiction, New York Times Business Investigations Editor and bestselling author David Enrich at last tells the story of 'Big Law' and the nearly unchecked influence these firms wield to shield the wealthy and powerful - and bury their secrets.
In the last decade, the changing role of time in society has once again taken centre stage in the academic debate. A prominent, but surely not the only, aspect of this debate hinges on the so-called acceleration of time and its societal consequences. Despite the fact that time is fundamental to the way in which law and politics function, the influence of the contemporary experience of time on law and politics remains underdeveloped. How, for example, does society's structural acceleration impact on justice? Does law actually offer stability and predictability in an ever-changing global world? How can legal and political institutions function in the wake of ever-increasing uncertainty? Both law and politics employ time to order society but they are also limited in what can be effectuated by time. It is this very tension between temporal possibilities and limitations that the contributors to this collection - drawn from different fields of law, as well as from other disciplines - examine.
Legal skills are an important and increasing part of undergraduate law degrees as well as postgraduate vocational law courses. This fully updated fourth edition continues to bring together the theory and practice of these skills in an accessible and practical context. The authors draw on their experience of teaching and of law in practice to develop the core skills taught on both undergraduate and postgraduate courses. Skills covered include: * written communication; * mediation; * opinion writing; * drafting; * advocacy; * interviewing; * negotiation; * legal research. The text also considers the professional and ethical context of legal practice, provides an insight into the legal services landscape as well as offering valuable careers advice. Diagrams and flow charts help to explain and develop each skill and each chapter ends with suggestions for further reading. A Practical Guide to Lawyering Skills is essential reading for all undergraduate and vocational law students seeking to develop the necessary skills to work successfully with law in the twenty-first century.
This book critiques the decision-making process in Article 53(a) of the European Patent Convention. To date, such decisions have been taken at high levels of expertise without much public involvement. The book eschews traditional solutions, such as those found within legislative, judicial and patent office realms and instead develops a radical blueprint for how these decisions can be put to the public. By examining wide-scale models of participatory democracy and deliberation, this book fills a significant gap in the literature. It will be invaluable for patent lawyers, academics, practitioners and intellectual property and patent officials.
First published in 1999, this international collection of essays on legal education addresses the following issues: The Law School and the University. Research into legal education has often been regarded as a marginal activity as compared with research into substantive areas of law. However, recent years have seen a growing interest in discussions about the purpose of the university law school and the ways in which law is taught within it. Are we educating professional lawyers or legal scholars? What do we really mean when we say we want to offer 'a liberal education in the law'? What effect are the current changes in higher education funding and policy having on law schools and what takes place within them? The international group of scholars who have contributed to this collection come from very different jurisdictions, but they have written about topics which, while they have local resonances, are of concern globally. Global Issues, Local Questions addresses matters which concern all law teachers, whatever their field of substantive legal expertise.
Sir Edward Marshall Hall KC saved more people from the hangman's noose than any other known barrister. In an age of inadequate defence funding, minimal forensic evidence, a rigid moral code making little allowance for human passion and a reactionary judiciary, his only real weapons were his understanding of human psychology and the power of his personality. His charismatic oratory and film star profile made him an Edwardian celebrity. Jurors collapsed and judges wept at the overwhelming power of his performances. Thousands congregated to await the verdicts in the trials in which he appeared for the defence. Curtains were brought down in West End theatres to announce the acquittals he secured. His famous trials included the Camden Town murder, Seddon the Poisoner, the Brides in the Bath, the Green Bicycle Murder and the Murder at the Savoy. As a result of his oratory in these he was adulated as an entertainer, his performances greeted with the same relish as those by the great actors; but he was also loved as a champion of the underdog, who almost single-handedly introduced compassion in to the Edwardian legal system. No other barrister in any age can claim such celebrity, nor such public adoration and affection. Meticulously researched, Marshall Hall: A Law unto Himself is the first modern biography of a complex and influential man and, as a result of access to new material: * Sets the legendary barrister in his social, historical and political context. * Reveals the sensational private life of the man behind the public figure, the two turbulent marriages, and the mistresses. * Tells the full story of his first wife's death. * Examines his magnetic oratory and extraordinary fame from a modern perspective.
During the last thirty years, the judiciary has undergone an unprecedented expansion in its size and power. Judges now have more influence over our private and public lives than ever before. The effect of this change has been to transform the judiciary from an inward-looking elite into an increasingly heterogeneous professional body. 'The New Judiciary' examines the developments which have taken place in the appointment, training and scrutiny of judges as a result of the expanding judicial role. It highlights the increasing tension between the requirements of judicial independence and accountability which these changes are producing. The traditional insulation of the judiciary from all external influences is being challenged by the need for greater openness and public scrutiny of the judicial process. The passing of the Human Rights Act 1998, incorporating the European Convention on Human Rights into domestic law represents another stage in this process by expanding the policy-making role of the senior judiciary still further. As a result, the continuing modernisation of the judiciary, which is the subject of this book, will be a increasingly important feature of the legal and political process in the years ahead.
A history of legal emotions in William Blackstone's England and their relationship to justice William Blackstone's masterpiece, Commentaries on the Laws of England (1765-1769), famously took the "ungodly jumble" of English law and transformed it into an elegant and easily transportable four-volume summary. Soon after publication, the work became an international monument not only to English law, but to universal English concepts of justice and what Blackstone called "the immutable laws of good and evil." Most legal historians regard the Commentaries as a brilliant application of Enlightenment reasoning to English legal history. Loving Justice contends that Blackstone's work extends beyond making sense of English law to invoke emotions such as desire, disgust, sadness, embarrassment, terror, tenderness, and happiness. By enlisting an affective aesthetics to represent English law as just, Blackstone created an evocative poetics of justice whose influence persists across the Western world. In doing so, he encouraged readers to feel as much as reason their way to justice. Ultimately, Temple argues that the Commentaries offers a complex map of our affective relationship to juridical culture, one that illuminates both individual and communal understandings of our search for justice, and is crucial for understanding both justice and injustice today.
Often thought to be a primitive or ancient practice, scapegoating
is revealed here as occurring in the justice systems of modern
democracies. Ann Daniel, as a first-hand witness, documents several
widely publicized disciplinary cases brought against prominent
professionals in law and medicine. These were the people who became
scapegoats as their professional communities tried to rid itself of
troubles and confusions threatening their reputation at the
time.
Often thought to be a primitive or ancient practice, scapegoating
is revealed here as occurring in the justice systems of modern
democracies. Ann Daniel, as a first-hand witness, documents several
widely publicized disciplinary cases brought against prominent
professionals in law and medicine. These were the people who became
scapegoats as their professional communities tried to rid itself of
troubles and confusions threatening their reputation at the
time.
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.
Today's law firm is an entity in flux. Economic and technological disruption - along with a range of other factors - have contributed to this change, meaning that firms are not what they used to be. It is therefore a necessity that the way they are managed also needs to change. This means, among many things, the need to corporatize the running of the firm; a move away from the focus on the billable hour towards more intangible activities such as business development and marketing and - perhaps the most important factor - the development of a new kind of leader within the legal landscape. The new kind of leader now demanded by a transformed legal profession is not readily forthcoming, however. Legal culture stresses individualism and independence, which is reinforced by firm governance, practice management, and performance management systems that are ill-suited to foster supportive and collaborative leadership practices; lawyers are trained and conditioned to be combative, autonomous, and didactic. To position oneself as a contender in a fast-moving and competitive market, the legal leader of the future must push back against these trends by acting strategically, engaging in people management, investing in their employees, and creating a working environment that places emphasis on communication, teamwork, and growth and development. Legal leadership: a handbook for future success combines the latest and most relevant intelligence from those on the frontline of law firm leadership and management, to serve as the catalyst for change and the foundation on which a strong leadership practice can be built. Drawing on their expertise and experience, our authors - ranging from behavioral psychologists to senior management figures and pofessional coaches -present a wide range of competencies and strategies to cultivate as part of a leader's personal and professional development. Whether you are already a member of your firm's senior management, or in a junior position with big aspirations, Legal leadership: a handbook for future success provides the essential tools to equip you to become a leader of the future. |
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