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Books > Law > Jurisprudence & general issues > Legal profession
This new collection is a contribution to the literature on police ethics, specifically the philosophical literature on ethical issues that arise in police enforcement of the law.
This book provides and accessible text and critical analysis of the concepts and delivery of community justice, a focal point in contemporary criminal justice. The probation service in particular has undergone radical changes in relation to professional training, roles and delivery of services, but now operates within a mosaic of a number of inter-agency initiatives. This book aims to provide a critical appreciation of community justice, its origin and direction, and to engage with debates on the ways in which the trend towards community justice is changing the criminal justice system. At the same time it examines the inter-agency character of intervention and the developing idea of end-to-end offender management, and familiarises the reader with a number of more specialist area, such as hate crime, mental illness, substance abuse, and victims.
Examines the outsized influence of jurors on prosecutorial discretion Thanks to television and popular media, the jury is deeply embedded in the American public's imagination of the legal system. For the country's federal prosecutors, however, jurors have become an increasingly rare sight. Today, in fact, less than 2% of their cases will proceed to an actual jury trial. And yet, when federal prosecutors describe their jobs and what the profession means to them, the jury is a central theme. Anna Offit's The Imagined Juror examines the counterintuitive importance of jurors in federal prosecutors' work at a moment when jury trials are statistically in decline. Drawing on extensive field research among federal prosecutors, the book represents "the first ethnographic study of US attorneys," according to legal scholar Annelise Riles. It describes a world of legal practice in which jurors are frequently summoned-as make-believe audiences for proposed arguments, hypothetical evaluators of evidence, and invented decision-makers who would work together to reach a verdict. Even the question of moving forward with a prosecution often hinges on how federal prosecutors assume a jury will react to elements of the case-an exercise where the perspectives of the public are imagined and incorporated into every stage of trial preparation. Based on these findings, Offit argues that the decreasing number of jury trials at the federal level has not eliminated the influence of the jury but altered it. As imaginary figures, jurors continue to play an important and understudied role in shaping the work and professional identities of federal prosecutors. At the same time, imaginary jurors are not real jurors, and prosecutors at times caricature the public by leaning on stereotypes or preconceived and simplistic ideas about how laypeople think. Imagined jurors, it turns out, are a critical, if flawed, resource for introducing lay perspective into the legal process. As Offit shows, recentering laypeople and achieving the democratic promise of our legal system will require renewed commitment to the jury trial and juries that reflect the diversity of the American public.
The essays in Erotic Justice address the ways in which law has been implicated in contemporary debates dealing with sexuality, culture and `different' subjects - including women, sexual minorities, Muslims and the transnational migrant. Law is analyzed as a discursive terrain, where these different subjects are excluded or included in the postcolonial present on terms that are reminiscent of the colonial encounter and its treatment of difference. Bringing a postcolonial feminist legal analysis to her discussion, Kapur is relentless in her critiques on how colonial discourses, cultural essentialism, and victim rhetoric are reproduced in universal, liberal projects such as human rights and international law, as well as in the legal regulation of sexuality and culture in a postcolonial context. Drawing her examples from postcolonial India, Ratna Kapur demonstrates the theoretical and disruptive possibilities that the postcolonial subject brings to international law, human rights, and domestic law. In the process, challenges are offered to the political and theoretical constructions of the nation, sexuality, cultural authenticity, and women's subjectivity.
The enormous financial cost of criminal justice has motivated increased scrutiny and recognition of the need for constructive change, but what of the ethical costs of current practices and policies? Moreover, if we seriously value the principles of liberal democracy then there is no question that the ethics of criminal justice are everybody's business, concerns for the entire society. The Routledge Handbook of Criminal Justice Ethics brings together international scholars to explore the most significant ethical issues throughout their many areas of expertise, anchoring their discussions in the empirical realities of the issues faced rather than applying moral theory at a distance. Contributions from philosophers, legal scholars, criminologists and psychologists bring a fresh and interdisciplinary approach to the field. The Handbook is divided into three parts: Part I addresses the core issues concerning criminal sanction, the moral and political aspects of the justification of punishment, and the relationship between law and morality. Part II examines criminalization and criminal liability, and the assumptions and attitudes shaping those aspects of contemporary criminal justice. Part III evaluates current policies and practices of criminal procedure, exploring the roles of police, prosecutors, judges, and juries and suggesting directions for revising how criminal justice is achieved. Throughout, scholars seek pathways for change and suggest new solutions to address the central concerns of criminal justice ethics. This book is an ideal resource for upper-undergraduate and postgraduate students taking courses in criminal justice ethics, criminology, and criminal justice theory, and also for students of philosophy interested in punishment, law and society, and law and ethics.
Since the economic downturn law firms that once saw growth as easy and inevitable are finding that the only way to achieve this is now to wrest market share from the competition. There is no one "right" way to do this; some firms have opted for a determined policy of buying market share and recruiting lateral talent, while others rely on more organic growth. With contributions from a wide range of thought leaders and industry experts, Growth Strategies for the Modern Law Firm provides advice on a number growth options available, and shares practical guidance designed to help firm leaders to formulate and implement a profitable, sustainable growth strategy. Topics covered include: Aligning strategy, culture, and performance management with a growth agenda Utilizing a key relationship management program to retain and grow clients and referral sources Implementing listening programs to better serve clients, and create a platform for differentiation and growth Making cross-selling a cornerstone of growth strategies and firm culture Critical success factors that enable lateral hiring to be a key to client growth Creativity and innovations impact on growth strategies for legal departments Systematic programs for lawyer business development Organic growth strategies through focusing practice specialties Holistic approaches to improving client experience that drives client growth and much more...
The founding premise of this book is that the nimbus of prestige, which once surrounded the idea of justice, has now been dimmed to such a degree that it is no longer sufficient to secure the possibility of a good conscience for those who undertake, in good faith, to make the world a better place in the spheres of politics and law. The many decent human beings who have noticed and experienced this diminishment of justice's prestige find themselves in a thoroughly disenchanted existential situation. For them, the attempt to do justice without the illusion of being grounded in something beyond the sheer facticity of their own performances is a distinctly ethical theme, which cries out to be investigated in its own right. Heeding the cry, this book asks and attempts to answer the following fundamental ethical question: is a life in the law - even one spent in the pursuit of justice - worth living, and if so, how can a disenchanted person come to bear the living of it without constantly having to engage in self-deception? If Nietzsche is right that living without illusions is impossible for human beings, then the most important ethical implication of this essentially anthropological fact goes far beyond the question of what illusions we ought to choose. It must also include the question of whether we should succumb to that most seductive and pernicious of all illusions: namely, the belief that exercising great care and responsibility in choosing our illusions - which we might then call our 'principles of justice' - excuses us ethically for what we do to others in their name. The culmination of a 10 year legal-philosophical project, this book will appeal to graduate students, scholars and curious non-academic intellectuals interested in continental philosophy, critical legal theory, postmodern theology, the philosophy of human rights and the study of individual ethics in the context of law.
**PAPERBACK FEATURES NEW CONTENT. NOW WITH AFTERWORD AND READING GROUP QUESTIONS** 'A compelling and courageous memoir forcing the legal profession to confront uncomfortable truths about race and class. Alexandra Wilson is a bold and vital voice. This is a book that urgently needs to be read by everyone inside, and outside, the justice system.' THE SECRET BARRISTER 'A riveting book in the best tradition of courtroom dramas but from the fresh perspective of a young female mixed-race barrister. That Alexandra is "often" mistaken for the defendant shows how important her presence at the bar really is.' MATT RUDD, THE SUNDAY TIMES MAGAZINE Alexandra Wilson was a teenager when her dear family friend Ayo was stabbed on his way home from football. Ayo's death changed Alexandra. She felt compelled to enter the legal profession in search of answers. As a junior criminal and family law barrister, Alexandra finds herself navigating a world and a set of rules designed by a privileged few. A world in which fellow barristers sigh with relief when a racist judge retires: 'I've got a black kid today and he would have had no hope'. In her debut book, In Black and White, Alexandra re-creates the tense courtroom scenes, the heart-breaking meetings with teenage clients, and the moments of frustration and triumph that make up a young barrister's life. Alexandra shows us how it feels to defend someone who hates the colour of your skin, or someone you suspect is guilty. We see what it is like for children coerced into county line drug deals and the damage that can be caused when we criminalise teenagers. Alexandra's account of what she has witnessed as a young mixed-race barrister is in equal parts shocking, compelling, confounding and powerful. 'An inspirational, clear-eyed account of life as a junior barrister is made all the more exceptional by the determination, passion, humanity and drive of the author. Anyone interested in seeing how the law really works should read it.' SARAH LANGFORD 'This is the story of a young woman who overcame all the obstacles a very old profession could throw at her, and she survived, with her integrity intact.' BENJAMIN ZEPHANIAH 'Wilson offers a role model for those who still think the law is for other people, and shows the way for English courts to become ever less Dickensian.' DAVID COWAN, TIMES LITERARY SUPPLEMENT
This book has visibility as its central theme. It will help you to establish where you need to be visible, how to achieve and maintain visibility with clients, and how to convert visibility into new work. It shares a variety of tried-and-tested approaches to boosting visibility, so you can choose those that suit you best. Every suggestion is designed to be put into practice around fee earning responsibilities. Features of this book: Chapters on how to create visibility and stay visible to clients as well as referrers, how to effectively network to get the best results, and intelligent marketing advice that will aid you and your firm in being more visible. Practical tips to manage your day-to-day marketing activities that can be implemented easily and without a huge requirement for time or budget. Highly practical advice you can put into immediate action, including a series of mini-masterclasses with step-by-step guidance and various templates that can be adapted for your own use.
Broken into a series of direct and insightful articles from a broad range of legal and financial experts in the private client sphere, the guide outlines the most important legislative and case law developments and considers their practical impact. Articles also address some of some tricky and related areas that private client solicitors should know about, such as investment strategies, farming law, and litigation.
This latest edition of AS Law has been fully updated to meet the requirements of the most recent changes to the specifications of both AQA and OCR examination boards. This title is tailored to the NEW four-module specifications for both AQA and OCR (although also suitable for the existing six-module specifications) includes a new chapter on Contract as part of the section on The Concept of Liability contains coverage of recent legal changes includes the effects of the Constitutional Reform Act 2005, especially concerning appointment of judges and the role of senior officers, such as the Lord Chancellor; reform of the powers of the police; recent statutes and cases particularly useful in preparing for questions involving judicial precedent and statutory interpretation. is written by authors who are experienced teachers, writers and examiners for AS/A-level law.
Although recent family law debates have been predominantly paedo-centric, the founding of "bio-medically assisted families" still focuses on the individual parents' rights to reproduce. By introducing donations, the donor's genetic contribution becomes instrumental and the legal attribution of parenthood negotiated through expressed intentions. The absence of a genetic, social and legal father can only occur in single women's conceptions by choice, hence calling into question the role of the societal father.This neglects the future child's voice in private and family life issues on at least two levels: informational (lacking information about origins, often related to personal identity) and legal and functional (care provided by both parents). It furthermore emphasises the inconsistency in the treatment of "naturally" and "artificially" conceived children since the latter have restricted access to parental judicial proceedings.The conflicts between individuals in the family go beyond national family laws and become a matter of reconciling progenitors' and children's human rights. Yet the discrepancies between different civil law jurisdictions are remarkable. In addition, the sensitivity of the filiation of children conceived by sperm donation to single women requires more than legal solutions it requires an interdisciplinary approach encompassing ethics, psychology, anthropology and sociology. Moreover, by arguing and suggesting solutions the issue also becomes political. Hence, this book provokes the curious minds of lawyers, ethicists, physicians, bio-technologists and those assisting and wishing to found families. It clarifies concepts, studies the rationale behind the legal complexity in ten national European jurisdictions, and confronts the rights and responsibilities of the stakeholders, providing a balanced independent conclusion and suggestions towards international harmonisation.
This study examines judicial leadership in court reform, tying biography, political science, social psychology, law, and history into court reform at the local level through the case of a nationally known jurist and reformer--Judge George Nicola of New Jersey. The work provides an important examination, in depth and over time, of true leadership in the courts and of the exceptionally innovative programs developed by Judge Nicola. The author also addresses two fundamental issues which lie at the heart of court reform and judicial leadership: the perplexing question of whether a judicial system so bound by tradition as that of the United States can be changed from within; and whether judicial leadership provides the best and most fruitful opportunity for changing this institution. This volume will be of interest to scholars of political science, American government, the judiciary, and the practice of law.
Written by a lawyer who works at the intersection between legal education and practice in access to justice and human rights, this book locates, describes and defines a collective identity for social justice lawyering in the UK. Underpinned by theories of cause lawyering and legal mobilisation, the book argues that it is vital to understand the positions that progressive lawyers collectively take in order to frame the connections they make between their personal and professional lives, the tools they use to achieve social change, as well as ethical tensions presented by their work. The book takes a reflexive ethnographic approach to capture the stories of 35 lawyers working to positively transform law and policy in the UK over the last 50 years. It also draws on a wealth of primary sources including case reports, historic campaign materials and media analysis alongside wider ethnographic interviews with academics, students and lawyers and participant observation at social justice conferences, workshops and events. The book explains the way in which lawyers' networks facilitate their collective positioning and influence their strategic decision making, which in turn shapes their interactions with social activists, with other lawyers and with the state itself.
Transform your legal education into a successful and fulfilling legal career In How to Be a Lawyer: The Path from Law School to Success, a team of veteran lawyers and entrepreneurs delivers an eye-opening discussion of how to translate your years of training and education into a running start in the world of practice. The book bridges the gap between law school and practice, whether you hope to be a big firm transactional attorney, a solo criminal lawyer, work for the government or any other legal profession. You'll discover how you can use what you learned in law school and how you can develop the real skills you'll need as you deal with clients and colleagues. The authors explain what your professors won't tell you in law school and what employers and clients will actually expect from you. You'll also find: Case studies and guest chapters describing the transition to major areas of law and how it can and should affect your law school decision making Expert advice on making your first job a successful one Guidance on how to avoid the most common career pitfalls and client mistakes Unfiltered opinions from clients about what they really think about lawyers An ideal resource for aspiring and current law students and early career lawyers, How to Be a Lawyer is the practical blueprint you need to build your legal career from scratch.
On the first day of his Senate confirmation hearings, John Ashcroft raised his right hand and vowed, "I swear to unhold the laws of the United States of America, so help me God." People who knew him intimately knew they could count on this. And so will others as they read On My Honor, a book that reveals Ashcroft's personal beliefs on racism, abortion, capital punishment, our judicial system, his faith in God, and more. These beliefs were not designed to answer his critics in the Senate. They are beliefs he has held for years, written when he still expected to serve a second term in the Senate. Here is an opportunity to judge this extraordinary man from his own words and deeds. As Ashcroft says, "The verdict of history is inconsequential; the verdict of eternity is what counts." On My Honor was previously published as Lessons From a Father to His Son, ISBN 07852-75401.
This inspirational handbook is packed with hundreds of proven tools, tips, and techniques for increasing revenue and forging relationships with clients and colleagues that will last you a lifetime. The rainmaking secrets revealed will enable you to: Find practice niches; Apply alternative fees; Accelerate cross-selling; Categorise your key targets; Use social media effectively; Identify and build personal strengths; Deliver exceptional levels of client service; Build powerful internal and external networks; Get client meetings and maximise their effectiveness; Improve lateral success and enhance lateral integration; and Make business development a career-long, sustainable process. Secrets of the Masters features a highly regarded team of over two dozen law firm marketing and business development experts who offer their insight, experiences, and real-world tips on attracting, retaining, and growing your client base. Each chapter also includes an extensive range of business development approaches and mini case studies, along with a useful planning worksheet which prompts you to make decisions and take action. PLUS...Within the complimentary CD-Rom you'll find all the supporting worksheets and checklists featured throughout the book, along with a personal business development plan template to help you tailor your strategies. "Secrets of the Masters" is the most comprehensive, yet practical "how to" guide I've seen for developing business in the legal industry. Whether you're a young lawyer starting to build a practice and reputation, or a seasoned practitioner looking to achieve the next level of success, this book is your roadmap. Simply stated, if you heed its principles, you will make more money." - Jonathan Fitzgarrald, Chief Marketing Officer of Greenberg Glusker and author of BADfortheBRAND.com
As law firms have grown larger and client problems have become increasingly complex, effective practice management has become the primary vehicle through which firms seek to deliver value to clients and differentiate themselves in a competitive market. Optimizing Practice Management: Driving Profitability and Market Position is intended to help firm leadership work through all the critical aspects of structuring and implementing an effective and optimized practice management system. The book is divided into five main sections, covering: The business case for practice management; Building the essential foundation; Developing the structure; Keys to successful implementation; and The role of the practice leader. This book will help law firm leaders to: Gain clarity on how to improve their market position and enhance the value perception of their services; Establish the optimal practice management structure to facilitate achievement of the firm's strategy and market position; Focus on particular practice specialties and subspecialties, and on clients or industries, where the firm can establish a sustainable competitive advantage; Define clearly the role of business unit leaders and members; and Align incentives to encourage the level of collaboration that clients are demanding. Detailed appendices contain the results of original research on practice management in the largest US law firms, and sample job descriptions for practice group leaders/members, based on the authors' experiences working with over half of the Am Law 200 law firms.
This book presents an invaluable collection of essays by eminent scholars from a wide variety of disciplines on the main issues currently confronting legal professions across the world. It does this through a comparative analysis of the data provided by the reports on 46 countries in its companion volume: Lawyers in 21st-Century Societies: Vol. 1: National Reports (Hart 2020). Together these volumes build on the seminal collection Lawyers in Society (Abel and Lewis 1988a; 1988b; 1989). The period since 1988 has seen an acceleration and intensification of the global socio-economic, cultural and political developments that in the 1980s were challenging traditional professional forms. Together with the striking transformation of the world order as a result of the fall of the Soviet bloc, neo-liberalism, globalisation, the financialisation of capitalism, technological innovations, and the changing demography of lawyers, these developments underscored the need for a new, comparative exploration of the legal professional field. This volume deepens the insights in volume 1, with chapters on legal professions in Africa, Latin America, the Islamic world, emerging economies, and former communist regimes. It also addresses theoretical questions, including the sociology of lawyers and other professions (medicine, accountancy), state production, the rule of law, regional bodies, large law firms, access to justice, technology, casualisation, cause lawyering, diversity (gender, race, and masculinity), corruption, ethics regulation, and legal education. Together with volume 1, it will inform and challenge conceptions of the contemporary profession, and stimulate and support further research.
The fourth edition of this bestselling guide to money laundering compliance has been updated to take account of significant developments in legislation and best practice including: - the replacement of the Money Laundering Regulations 2007 with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 - the replacement of the Law Society's practice note with the Legal Sector Affinity Group's guidance - the introduction of the Criminal Finances Act 2017 - the National Crime Agency succeeding the Serious Organised Crime Agency. User-friendly and practical, the book provides an overview of the substantive law and guidance on reporting suspicions, managing money laundering procedures and spotting money laundering activities in a solicitor's practice, as well as the full text of the Anti-Money Laundering Guidance for the Legal Sector, making it an essential resource for ensuring compliance.
A rare and evocative memoir of a respected constitutional scholar, dedicated public servant, political reformer, and facilitator of peace in the land of his ancestors. John D. Feerick's life has all the elements of a modern Horatio Alger story: the poor boy who achieves success by dint of his hard work. But Feerick brought other elements to that classic American success story: his deep religious faith, his integrity, and his paramount concern for social justice. In his memoir, That Further Shore, Feerick shares his inspiring story, from his humble beginnings: born to immigrant parents in the South Bronx, going on to practice law, participating in framing the U.S. Constitution's Twenty-Fifth Amendment, serving as dean of Fordham Law, and serving as President of the New York City Bar Association and chair of state commissions on government integrity. Beginning with Feerick's ancestry and early life experiences, including a detailed genealogical description of Feerick's Irish ancestors in County Mayo and his laborious quest to identify them and their relationships with one another, the book then presents an evocative survey of the now-vanished world of a working-class Irish Catholic neighborhood in the South Bronx. Feerick's account of how he financed his education from elementary school through law school is a moving tribute to the immigrant work ethic that he inherited from his parents and shared with many young Americans of his generation. The book then traces Feerick's career as a lawyer and how he gave up a lucrative partnership in a prestigious New York City law firm at an early age to accept the office of Dean of the Fordham School of Law at a fraction of his previous income because he felt it was time to give back something to the world. John Feerick has consistently shown his commitment to the law as a vocation as well as a profession by his efforts to protect the rights of the poor, to enable minorities to achieve their rightful places in American society, and to combat political corruption. That Further Shore is an inspiring memoir of how one humble and decent man helped to make America a more just and equitable society.
Advances in new neuroscientific research tools and technologies have not only led to new insight into the processes of the human brain, they have also refined and provided genuinely new ways of modifying and manipulating the human brain. The aspiration of such interventions is to affect conative, cognitive, and affective brain processes associated with emotional regulation, empathy, and moral judgment. Can the use of neuroscientific technologies for influencing the human functioning brain as a means of preventing offenders from engaging in future criminal conduct be justified? In Neurointerventions, Crime, and Punishment, Jesper Ryberg considers various ethical challenges surrounding this question. More precisely, he provides a framework for considering neuroethical issues within the criminal justice system and examines a set of procedures which the criminal justice system relies on to deal with criminal offending. To do this, Ryberg addresses the following questions, among others: Is it morally acceptable to offer more lenient sentences to offenders in return for participation in neuroscientific treatment programs? Or would such offers be unacceptably coercive? Is it possible to administer neurointerventions as a type of punishment? Would it be acceptable for physicians to participate in the administration of neurointerventions on offenders? What is the moral significance of the sordid history of brain interventions for the present or future use of such treatment options? As rehabilitation comes back into fashion after many decades and as neuroscientific knowledge and technology advance rapidly, these intricate and controversial topics become increasingly more urgent. Ryberg argues that many of the in-principle objections to neuroscientific treatment are premature, but given the way criminal justice systems currently function, such treatment methods should not be put into practice.
This handbook gives legal practitioners, students and new mediators practical guidance on the mediation process. Drawing on her experience as a mediator, academic and a businessperson, Marjorie Mantle takes a down-to-earth approach to mediation, pointing out the pitfalls as well as the benefits.
"Provides a richly documented history of Weinfeld's personal and
professional life." "This book leaves Weinfeld, as most of his social circle doubtless found him: an admirable and highly accomplished man whose deeper self remained a mystery, perhaps to him as much as to anyone else."--"Trial" In Pursuit of Right and Justice chronicles the life of the United States District Court's Judge Edward Weinfeld, from his humble Lower East Side origins to his distinction as one of the nation's most respected federal judges. Judge Edward Weinfeld's personal growth and socio-economic mobility provides an excellent illustration of how Catholics and Jews descended from turn-of-the-century immigrants were assimilated into the mainstream of New York and American life during the course of the twentieth century. Weinfeld left a rich collection of personal papers that William E. Nelson examines, which depict the compromises and sacrifices Weinfeld had to make to attain professional advancement. Weinfeld's jurisprudence remained closely tied to his own personal values and to the historical contexts in which cases came to his court. Nelson aptly describes how Weinfeld strove to avoid making new law. He tried to make decisions on preexisting rules or bedrock legal principles; he achieved just results by searching for and finding facts that called those rules into play. Weinfeld's vision of justice was simultaneously a liberal one that enabled him to develop law that reflected societal change, and an apolitical one that did not rest on contested policy judgments. |
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