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Books > Law > Jurisprudence & general issues > Legal profession
This book is the first formal, empirical investigation into the law faculty experience using a distinctly intersectional lens, examining both the personal and professional lives of law faculty members. Comparing the professional and personal experiences of women of color professors with white women, white men, and men of color faculty from assistant professor through dean emeritus, Unequal Profession explores how the race and gender of individual legal academics affects not only their individual and collective experience, but also legal education as a whole. Drawing on quantitative and qualitative empirical data, Meera E. Deo reveals how race and gender intersect to create profound implications for women of color law faculty members, presenting unique challenges as well as opportunities to improve educational and professional outcomes in legal education. Deo shares the powerful stories of law faculty who find themselves confronting intersectional discrimination and implicit bias in the form of silencing, mansplaining, and the presumption of incompetence, to name a few. Through hiring, teaching, colleague interaction, and tenure and promotion, Deo brings the experiences of diverse faculty to life and proposes a number of mechanisms to increase diversity within legal academia and to improve the experience of all faculty members.
The discipline of knowledge management (KM) continues to evolve along with our ability to record larger and more varied kinds of information than ever before. Since its inception in the 1990s, it has passed through several stages, quickly becoming a credible field, and now an integral part of major businesses worldwide. Now, many have started to argue that KM is undergoing resurgence, possibly even transforming into KM 3.0, thanks to developments in artificial intelligence (AI). And, while AI has been around for many years, it has become a buzzword in the industry as questions loom over what it could mean for the labor market of the future. Adoption has been relatively slow in the legal profession, owing in part to its conservative nature, individual-focused training and no real incentive to overhaul the hourly billing model1. When in-house legal teams can exceed 1,000 people, sharing and reusing knowledge can easily become inefficient, with counsel often needlessly paying for the same research twice. Global intelligence software leader Comintelli estimates that $8.5 billion per year is lost between Fortune 500 companies alone on poor KM2, up from $31.5 billion in 20043, suggesting a recent rise in the number of firms embracing the concept. Despite this, there are still challenges posed to the legal world, and sharing insight is more vital than ever, not only within companies but between them. Innovations in Legal KM explores the endeavors of various legal firms - the problems they have faced, and the solutions they have developed - to improve their KM processes, and, ultimately, their bottom line.
The role of the judiciary is constantly evolving and is in many ways more important than ever. Indeed, many argue that the sovereignty of parliament is eroding and being replaced by the respective power of judges. The Jackson Reforms of 2010, for example, saw judges bestowed with more power over case and budget management than ever before. Equally, courtrooms are transforming under the weight of technological innovation and the increasing presence of litigants in person. Stemming from a series of lectures arranged by the Judicial College on the theme of 'Being a Judge in the Modern World', this book provides a survey of many significant aspects of the modern judicial role. With contributions from some of the most senior judges in the UK and beyond, this collection provides a unique and firsthand insight into the development of the legal system and the challenges faced by today's judiciary. Additional contributions from the realms of journalism and civil liberties offer an external perspective and provide a wider context to the judicial voices.
A frank and witty memoir of life at the Bar and on the Bench, from former High Court Judge The Hon. Sir Harry Ognall. For many years, Harry Ognall enjoyed a formidable reputation as an advocate at the criminal Bar. As counsel, and later as judge, he was involved in numerous high-profile trials, both in Britain and abroad. Among many cases as a QC, he prosecuted Peter Sutcliffe, the so-called 'Yorkshire Ripper'. He successfully defended six officers of the Air Force of Zimbabwe at their trial in Harare, where they faced a charge of treasonable sabotage. As a judge, he presided over the trial of Colin Stagg (the alleged 'Wimbledon Common murderer'), the trial arising from the Lyme Bay canoe tragedy and the trial for the first time in the United Kingdom of a doctor's alleged involvement in euthanasia. Thoughtful and provocative, Sir Harry has advice for the aspiring young advocate, and invests this penetrating memoir with warmth, humour and understanding. His frank portrait of a lifetime in the criminal law offers unique perspectives on some of the most notorious cases of the twentieth century, as well as fascinating insights into a colourful professional life and the burdens and responsibilities that come with the privilege of high judicial office.
This book is an assault on the notion that it is empirically accurate and legally and philosophically satisfactory to see humans as atomistic entities. It contends that our welfare is inextricably entangled with that of others, and accordingly law and ethics, in determining our best interests, should recognise the central importance of relationality, the performance of obligations, and (even apparently injurious) altruism.
Selected Standards on Professional Responsibility discusses one of the most rapidly changing fields in American law. Covering national, as well as New York and California, standards on professional responsibility, this volume collects the most up-to-date and important standards that govern judicial and legal ethics, including: ABA Model Rules of Professional Conduct The American Lawyer's Code of Conduct California Rules of Professional Conduct New York Code of Professional Responsibility ABA Aspirational Goals for Lawyer Advertising ABA Canons of Professional Ethics Students, faculty, the practicing bar, and judges will find this book to be an essential examination of professional responsibility issues they confront daily.
Becoming a lawyer is about much more than acquiring knowledge and technique. As law students learn the law and acquire some basic skills, they are also inevitably forming a deep sense of themselves in their new roles as lawyers. That sense of self - the student's nascent professional identity - needs to take a particular form if the students are to fulfil the public purposes of lawyers and find deep meaning and satisfaction in their work. In this book, Professors Patrick Longan, Daisy Floyd, and Timothy Floyd combine what they have learned in many years of teaching and research concerning the lawyer's professional identity with lessons derived from legal ethics, moral psychology, and moral philosophy. They describe in depth the six virtues that every lawyer needs as part of his or her professional identity, and they explore both the obstacles to acquiring and deploying those virtues and strategies for overcoming those impediments. The result is a straightforward guide for law students on how to cultivate a professional identity that will allow them to make a meaningful difference in the lives of others and to flourish as individuals.
Between 2000 and 2015, women ascended to the top of judiciaries across Africa, most notably as chief justices of supreme courts in common law countries like Ghana, Nigeria, Sierra Leone, Gambia, Malawi, Lesotho and Zambia, but also as presidents of constitutional courts in civil law countries such as Benin, Burundi, Gabon, Niger and Senegal. Most of these appointments was a "first" in terms of the gender of the chief justice. At the same time, women are being appointed in record numbers as magistrates, judges and justices across the continent. While women's increasing numbers and roles in African executives and legislatures have been addressed in a burgeoning scholarly literature, very little work has focused on women in judiciaries. This book addresses the important issue of the increasing numbers and varied roles of women judges and justices, as judiciaries evolve across the continent. Scholars of law, gender politics and African politics provide overviews of recent developments in gender and the judiciary in nine African countries that represent north, east, southern and west Africa as well as a range of colonial experiences, postcolonial trajectories and legal systems, including mixes of common, civil, customary, or sharia law. In the process, each chapter seeks to address the following questions: What has been the historical experience of the judicial system in a given country, from before colonialism until the present? What is the current court structure and where are the women judges, justices, magistrates and other women located? What are the selection or appointment processes for joining the bench and in what ways may these help or hinder women to gain access to the courts as judges and justices? Once they become judges, do women on the bench promote the rights of women through their judicial powers? What are the challenges and obstacles facing women judges and justices in Africa? Timely and relevant in this era in which governmental accountability and transparency are essential to the consolidation of democracy in Africa and when women are accessing significant leadership positions across the continent, this book considers the substantive and symbolic representation of women's interests by women judges and the wider implications of their presence for changing institutional norms and advancing the rule of law and human rights.
The studies in this volume use ethnographic, ethnomethodological, and sociolinguistic research to demonstrate how legal agents conduct their practices and exercise their authority in relation to non-expert participants and broader publics. Instead of treating law as a body of doctrines, or law and society as a relationship between legal institutions and an external society, the studies in this volume closely examine law at work: specific legal practices and social interactions produced in national and international settings. These settings include courtrooms and other tribunals, consultations between lawyers and clients, and media forums in which government officials address international law. Because law is a public institution, and legal actions are publicly accountable, technical law must interface with non-expert members of the public. The embodied actions and interactions that comprise the interface between professional and lay participants in legal settings therefore must do justice to legal traditions and statutory obligations while also contending with mundane interactional routines, ordinary reasoning, and popular expectations. Specific chapters examine topics such as family disputes in a system of Sharia Law; rhetorical contestations about possible violations of international law during a violent conflict in the Middle-East; the transformation of a courtroom hearing brought about by the virtual presence of remote witnesses relayed through a video link; the practices through which written records are used to mediate and leverage a witness's testimony; and the discursive and interactional practices through which authorized parties use legal categories to problems with individual conduct. Each chapter shows that it makes a profound difference to the way we understand the law when we examine its meaning and application in practice.
Enabling information interoperability, fostering legal knowledge usability and reuse, enhancing legal information search, in short, formalizing the complexity of legal knowledge to enhance legal knowledge management are challenging tasks, for which different solutions and lines of research have been proposed. During the last decade, research and applications based on the use of legal ontologies as a technique to represent legal knowledge has raised a very interesting debate about their capacity and limitations to represent conceptual structures in the legal domain. Making conceptual legal knowledge explicit would support the development of a web of legal knowledge, improve communication, create trust and enable and support open data, e-government and e-democracy activities. Moreover, this explicit knowledge is also relevant to the formalization of software agents and the shaping of virtual institutions and multi-agent systems or environments. This book explores the use of ontologism in legal knowledge
representation for semantically-enhanced legal knowledge systems or
web-based applications. In it, current methodologies, tools and
languages used for ontology development are revised, and the book
includes an exhaustive revision of existing ontologies in the legal
domain. The development of the Ontology of Professional Judicial
Knowledge (OPJK) is presented as a case study.
Wertheimer attempts to move beyond previous theories of coercion by conducting a fairly extensive survey of the way in which cases involving coercion have been treated by American courts. This impressive project occupies the first half of the book, where he makes a convincing case that there is a fairly unified 'theory of coercion' at work in adjudication, past and present. This legal theory, however, is not entirely adequate for the purposes of social and political philosophy, and the last half of the book develops Wertheimer's more comprehensive philosophical theory. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
From the award-winning author of "Across a Hundred Mountains."
"Compelling, suspenseful, and deeply reported . . . Masters gives a
dramatic inside account of the fight between Spitzer and the titans
of finance."--"Newsday""" Few politicians have burst onto the
American scene with as much impact as Eliot Spitzer. As New York's
attorney general, he exposed wrongdoing by stock analysts, mutual
fund managers, and insurance brokers, and investigated corporations
that have misled or defrauded ordinary investors and consumers. And
as the next governor of New York, Spitzer is now a rising star on
the national political scene.
Endorsed by the Chartered Banker Institute as core reading for its professional qualifications, Culture, Conduct and Ethics in Banking emphasizes the importance of professionalism for banks, and explores how all staff play a key role in putting customers at the heart of their business. Taking an applied approach, it aims to develop the reader's capability to: recognize and contribute towards balanced outcomes for consumers and organizations; understand the impact of reputational deficit; and understand the personal impact of an individual in the workplace. From a discussion of the main branches of ethical thinking to an overview of regulation and legislation in the UK and internationally, this book covers the theory and practice of conduct and professionalism in banking. Chapters contain activities and industry case studies, and further reading and viewing suggestions are included to help develop a deeper understanding of the topics covered. With fully referenced discussion of conflicts of interest, decision making models, the role of professional bodies, corporate governance, conduct risk management and the Global Financial Crisis 2007-08, Culture, Conduct and Ethics in Banking is the essential guide for finance professionals.
All individuals face stress in their daily lives, but this is often particularly true for those who enforce the law, administer justice, or are forced into the legal system. Uncontrolled strain can result in negative behaviors, burnout, risk-taking, and physical and psychological symptoms ranging from colds to depression and suicide. This, in turn, can have a dramatic impact on the functioning of the legal system as a whole. On the other hand, contact with the legal system has the potential to promote wellbeing for many individuals, such as victims who feel that justice has been served and jurors and judges who feel they have helped preserve the integrity of the legal system. Stress, Trauma, and Wellbeing in the Legal System presents theory, research, and scholarship from a variety of social scientific disciplines and offers suggestions for those interested in exploring and improving the wellbeing of those who are voluntarily (police, probation officers, civil plaintiffs, lawyers, judges, court staff) or involuntarily (jurors, criminal defendants, witnesses, children, the elderly) drawn into the legal system. This comprehensive volume is an invaluable resource for those intersested in protecting the wellbeing of individuals in the legal system, particularly criminal justice professionals, judges, attorneys, forensic psychologists, psychiatrists, social workers, researchers in psychology, criminology, and sociology, and students in each of these areas.
Parker and Evans's Inside Lawyers' Ethics provides a practical and engaging introduction to ethical decision-making in legal practice in Australia. Underpinned by four theoretical concepts – adversarial advocacy, responsible lawyering, moral activism and ethics of care – this text analyses legal and professional frameworks, highlighting relevant parts of the Australian Solicitors' Conduct Rules. Case studies and discussion questions offer contemporary, practical examples of the application of ethics. The book also addresses the challenge of ethical action and offers techniques to deal with ethical conflicts.This edition has been comprehensively updated and discusses the implications of advances in legal technology, mental ill-health in the profession and the complexities of government legal practice. A new chapter covers lawyers' ethical obligation to address the legal challenges posed by climate change. Written by an expert author team, Parker and Evans's Inside Lawyers' Ethics empowers readers to identify ethical challenges and resolve them through good decision-making practices.
This book concludes a trilogy that began with studies on Dante Alighieri s Sense of Justice (2011) and Adam Smith as Legal Historian (2012) with a work about the French contribution to the intellectual history of the law. It examines the development of the basic principles of law during the Early Modern Era that the German Science Council recently set as a target for legal education."
Haben grew up spending summers with her family in the enchanting Eritrean city of Asmara. There, she discovered courage as she faced off against a bull she couldn't see, and found in herself an abiding strength as she absorbed her parents' harrowing experiences during Eritrea's thirty-year war with Ethiopia. Their refugee story inspired her to embark on a quest for knowledge, traveling the world in search of the secret to belonging. She explored numerous fascinating places, including Mali, where she helped build a school under the scorching Saharan sun. Her many adventures over the years range from the hair-raising to the hilarious. Haben defines disability as an opportunity for innovation. She learned non-visual techniques for everything from dancing salsa to handling an electric saw. She developed a text-to-braille communication system that created an exciting new way to connect with people. Haben pioneered her way through obstacles, graduated from Harvard Law, and now uses her talents to advocate for people with disabilities. HABEN takes readers through a thrilling game of blind hide-and-seek in Louisiana, a treacherous climb up an iceberg in Alaska, and a magical moment with President Obama at The White House. Warm, funny, thoughtful, and uplifting, this captivating memoir is a testament to one woman's determination to find the keys to connection.
For more than a decade, American lawyers have bewailed the ethical
crisis in their profession, wringing their hands about its bad
image. But their response has been limited to spending money on
public relations, mandating education, and endlessly revising
ethical rules. In Lawyers in the Dock, Richard L. Abel argues that
these measures will do little or nothing to solve the problems
illustrated by the six disciplinary case studies featured in this
book unless the legal monopoly enjoyed by attorneys in the U.S. is
drastically contracted. |
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