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Books > Law > Jurisprudence & general issues > Legal profession
Whether you are engaged in the study of law, are considering studying law at university, are a business professional or want to find out more about the law in general, Slapper and Kelly's English Law offers a clear, lively and reliable point of entry to the law in England and Wales. Presented in an easy-to-read style, it provides readers with an accurate explanation of how the English legal system currently works and the content of English law in all its key areas of operation, including criminal law, contract law and the law of negligence. An invaluable introduction, English Law is an excellent resource for students of the English legal system and English law, as well as for professionals and general readers.
Whether you are engaged in the study of law, are considering studying law at university, are a business professional or want to find out more about the law in general, Slapper and Kelly's English Law offers a clear, lively and reliable point of entry to the law in England and Wales. Presented in an easy-to-read style, it provides readers with an accurate explanation of how the English legal system currently works and the content of English law in all its key areas of operation, including criminal law, contract law and the law of negligence. An invaluable introduction, English Law is an excellent resource for students of the English legal system and English law, as well as for professionals and general readers.
In this essential philosophical and practical reckoning, Martha C. Nussbaum, renowned for her eloquence and clarity of moral vision, shows how sexual abuse and harassment derive from using people as things to one's own benefit-like other forms of exploitation, they are rooted in the ugly emotion of pride. She exposes three "Citadels of Pride" and the men who hoard power at the apex of each. In the judiciary, the arts and sports, Nussbaum analyses how pride perpetuates systemic sexual abuse, narcissism and toxic masculinity. The courage of many has brought about some reforms but justice is still elusive-warped sometimes by money, power or inertia; sometimes by a collective desire for revenge. By analysing the effects of law and public policy on our ever-evolving definitions of sexual violence, Nussbaum clarifies how gaps in the law allow this violence to proliferate; why criminal laws dealing with sexual assault need to be complemented by an understanding of the distorted emotions that breed abuse and why anger and vengeance rarely achieve lasting change. Citadels of Pride offers a damning indictment of the culture of male power that insulates high-profile abusers from accountability. Yet Nussbaum offers a hopeful way forward, envisioning a future in which, as survivors mobilise to tell their stories and institutions pursue fair and nuanced reform, we might fully recognise the equal dignity of all people.
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.
The comprehensive source on attorney licensing and how to reform it. In Shaping the Bar, Joan Howarth describes how the twin gatekeepers of the legal profession—law schools and licensers—are failing the public. Attorney licensing should be laser-focused on readiness to practice law with the minimum competence of a new attorney. According to Howarth, requirements today are both too difficult and too easy. Amid the crisis in unmet legal services, record numbers of law school graduates—disproportionately people of color—are failing bar exams that are not meaningful tests of competence to practice. At the same time, after seven years of higher education, hundreds of thousands of dollars of law school debt, two months of cramming legal rules, and success on a bar exam, a candidate can be licensed to practice law without ever having been in a law office or even seen a lawyer with a client. Howarth makes the case that the licensing rituals familiar to generations of lawyers—unfocused law degrees and obsolete bar exams—are protecting members of the profession more than the public. Beyond explaining the failures of the current system, this book presents the latest research on competent lawyering and examples of better approaches. This book presents the path forward by means of licensing changes to protect the public while building an inclusive, diverse, competent, ethical profession. Thoughtful and engaging, Shaping the Bar is both an authoritative account of attorney licensing and a pragmatic handbook for overdue equitable reform of a powerful profession.
"For those lawyers who fall into that group of wanting to better understand AI, there may be no better starting point than Robots in Law" -Robert Ambrogi, Above The Law Although 2016 was the breakthrough year for artificial intelligence (AI) in legal services in terms of market awareness and significant take-up, legal AI represents evolution rather than revolution. Since the first `robot lawyers' started receiving mainstream press coverage, many law firms, other legal service providers, and law colleges are being asked what they are doing about AI. Robots in Law: How Artificial Intelligence is Transforming Legal Services is designed to provide a starting point in the form of an independent primer for anyone looking to get up to speed on AI in legal services. The book is organized into four distinct sections: Part I: Legal AI - Beyond the hype Part II: Putting AI to work Part III: AI giving back - Return on investment Part IV: Looking ahead The first three present an in-depth overview, and analysis, of the current legal AI landscape; the final section includes contributions from AI experts with connections to the legal space, on the prospects for legal AI in the short-term future. "AI is here now. And going to work in law firms. In the second half of 2016, hardly a week went by without some firm, academic or start-up announcing an innovation. Anyone inclined to dismiss this entirely as hype should read Robots in Law. In 150-odd pages we get a clear round-up of what is happening plus (perhaps more interestingly) some predictions from the best human brains in the business about what it all means." - Michael Cross, editor, The Law Society Gazette Along with the emergence of New Law and the burgeoning lawtech start-up economy, AI is part of a new dynamic in legal technology and it is here to stay. The question now is whether AI will find its place as a facilitator of legal services delivery, or whether it will initiate a shift in the value chain that will transform the legal business model. "This book, is recommended for all those wanting to catch up with AI, or those needing to catch up (whether they want to or not). That is pretty much all of us." - Laurence Eastham, Editor of Computers & Law, The Society for Computers and Law Magazine
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.
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.
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."
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.
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:
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.
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:
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.
This title was first published in 2001. This work explores the professional standards of the French bar as it moves, rapidly but with misgivings, into a world of competition, organization and globalism. It focuses on the ideology of French legal ethics in its historical and social contexts, rather than the details of the rules governing avocats. Those rules are technical and, in many respects, similar to the rules in effect in the USA. But lawyers in France and the United States base their rules on strikingly different pictures of lawyers. French avocats classify their duties as a series of virtues - probity, honour and delicacy - to follow one official formulation. By contrast, lawyers in the USA, to judge from the way they justify their rules, consider their fellows scoundrels who, without regulation, would cheat their clients, opposing parties and other lawyers. The author's goal is to describe, in their cultural and institutional contexts, the professional ideals of the French bar as it remembers its past and faces its future.
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
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.
Data-gathering technology is more sophisticated than ever, as are the ethical standards for using this data. This second edition shows how to navigate this complex environment. Data Ethics provides a practical framework for the implementation of ethical principles into information management systems. It shows how to assess the types of ethical dilemmas organizations might face as they become more data-driven. This fully updated edition includes guidance on sustainability and environmental management and on how ethical frameworks can be standardized across cultures that have conflicting values. There is also discussion of data colonialism, the challenge of ethical trade-offs with ad-tech and analytics such as Covid-19 tracking systems and case studies on Smart Cities and Demings Principles. As the pace of developments in data-processing technology continues to increase, it is vital to capitalize on the opportunities this affords while ensuring that ethical standards and ideals are not compromised. Written by internationally regarded experts in the field, Data Ethics is the essential guide for students and practitioners to optimizing ethical data standards in organizations.
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.
This book provides clear and comprehensive coverage of the policing system and police powers. This second edition has been revised and updated to take account of new legislation, case law and other developments in the area.
Flint, Michigan's water crisis, the New Jersey "Bridgegate" scandal, Enron: all these incidents are examples of various forms of leadership failure. More specifically, each represents marked failures among leaders with legal training. When we look closer at one profession from which we often draw our political, business, and organizational leaders—the legal profession—we find a deep chasm between what law schools teach and what the world expects. Legal education ignores leadership, sending the next generation of legally-minded leaders into a dynamic world dangerously unprepared. Dangerous Leaders exposes the risks and results of leaving lawyers unprepared to lead. It provides law schools, law students, and the legal profession with the leadership tools and models to build a better foundation of leadership acumen. Anthony C. Thompson draws from his twenty years of experience in global executive education for Fortune 100 companies and his experience as a law professor to chart a path forward for better leadership instruction within the legal academy. Using vivid, real-life case studies, Thompson explores catastrophic political, business, and legal failures that have occurred precisely because of a lapse in leadership from those with legal training. He maintains that these practices are chronic leadership failures that could have been avoided. In examining these patterns of failures, it becomes apparent that legal education has fundamentally misread its task. Thompson proposes a fundamental rethinking of legal education, based upon intersectional leadership, to prepare lawyers to assume the types of roles that our increasingly fast-paced world requires. Intersectional leadership challenges lawyer leaders to see the world through a different lens and expects a form of inclusion and respect for other perspectives and experiences that will prove critical to maneuvering in a complex environment. Dangerous Leaders imparts invaluable tools and lessons to best equip current and future generations of legal leaders.
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.
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 an original empirical and theoretical study of the use of law to secure land tenure in the face of poverty. urban and peri-urban growth and changing social structures. How easy is it to replace customary law with individual land rights?; is this the road to poverty reduction and capitalist development. as de Soto suggested in The Mystery of Capital? The result of a research project commissioned by the UK Department for International Development. this multidisciplinary book offers case studies from Botswana. Trinidad and Zambia. and analyses wider issues. including colonial legacies that create illegality in peri-urban areas; the impact of HIV/AIDS on social structure and inheritance; and land readjustment approaches in customary areas. The book will be of interest to academics and policy-makers in the areas of land law. law and development. geography. development studies. land economy and human rights. |
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