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Books > Law > Jurisprudence & general issues > Legal profession
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.
Assessing the legal and practical questions posed by the use of
artificial intelligence in national security matters.The increasing
use of artificial intelligence poses challenges and opportunities
for nearly all aspects of society, including the military and other
elements of the national security establishment. This book
addresses how national security law can and should be applied to
artificial intelligence, which enables a wide range of decisions
and actions not contemplated by current law. James Baker, an expert
in national security law and process, adopts a realistic approach
in assessing how the law-even when not directly addressing
artificial intelligence-can be used, or even misused, to regulate
this new technology. His new book covers, among other topics,
national security process, constitutional law, the law of armed
conflict, arms control, and academic and corporate ethics. With his
own background as a judge, he examines potential points of
contention and litigation in an area where the law is still
evolving and might not yet provide clear and certain answers. The
Centaur's Dilemma also analyzes potential risks associated with the
use of artificial intelligence in the realm of national
security-including the challenges of machine-human interface,
operating (or not operating) the national-security decision-making
process at machine speed, and the perils of a technology arms race.
Written in plain English, The Centaur's Dilemma will help guide
policymakers, lawyers, and technology experts as they deal with the
many legal questions that will arise when using artificial
intelligence to plan and carry out the actions required for the
nation's defense.
How Can You Represent Those People? is the first-ever collection of
essays offering a response to the 'Cocktail Party Question' asked
of every criminal lawyer. A must-read for anyone interested in
race, poverty, crime, punishment, and what makes lawyers tick.
"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.
No reporter has had better or more complete behind-the-scenes
access to Spitzer than Brooke A. Masters, who covered him for four
years at The Washington Post. "Spoiling for a Fight" is her
dramatic and revealing portrait of the politician who has brought
down some of the biggest names in American finance and has set his
sights on higher office. And in a new afterword, she chronicles his
ascension to New York's highest office and assesses his future
political prospects.
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.
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.
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.
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.
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."
The study of legal ethics and the legal profession has emerged as a
distinct and important field of scholarship over the last 30 years.
However, as in other disciplines, academic recognition can in turn
entrench static and powerful meta-theories and narratives about
professional ethos and practise, this collection seeks to disrupt
this homogenising impulse and to present alternative voices by
bringing together a range of international scholars writing about
legal ethics and the legal profession. The book features
significant and timely contributions which take contemporary and
non-mainstream perspectives on the current and future shape of the
legal profession. The essays not only describe the rapidly changing
profession but canvas different approaches to scholarship on the
legal profession. The collection seeks to explore a diverse and
contextualised profession from a number of angles. Authors examine
how the public sees lawyers and how lawyers see their own
profession; how we practise law and how this practice shapes
lawyers; how such cultural and professional practice intersects
with institutional structures of the law to create certain legal
outcomes; and how we regulate the legal profession to modify or
institute ethical practice. The volume provides insights into legal
culture and ethics from the perspective of authors from Australia,
Canada, England, the United States, New Zealand and Kenya - a
diversity of national perspectives that give valuable insights into
developments in the profession at the local and global level. It
also illustrates diversity within the profession by tracing
differing professional career trajectories based on raced or
gendered barriers, alternative ethical strategies and the impact of
organisational cultures in which lawyers practice.
European Law sets out the doctrines, principles and case law of the
main areas of EU law, and where appropriate explores how they
interact with national legal principles and tenets. This fifth
edition has been fully revised to include recent developments in
the area. Taking into account the far-reaching changes made to
European law by the Treaty of Lisbon, it covers all important new
cases and legislation whilst developing existing topics. Treatment
is given to a number of new regulations on jurisdiction and choice
of law and a large number of recent decisions of the Court of
Justice of the European Union and the Court of First Instance
across a range of European law issues. The analysis of cases is
complemented by the use of specimen forms and precedents as
examples of documentation students will come across in practice.
Although primarily aimed at apprentices studying on the
Professional Practice Courses, the manual will also be of great
interest to those who find that EU law touches upon their practice,
whether in the public or private sector. Online Resource Centre
Changes and developments in the area will be covered by regular
updates to the Online Resource Centre.
By day, Faith Jenkins is the host of the nationally syndicated TV
show Divorce Court; by night, she's a happily married newlywed who
navigated these dating streets for years before learning how to
attract the love of her dreams. When she turned 35 without a
wedding ring in sight, like most women, she started getting tons of
questions about not being married. But she made a decision: I.
Will. Not. Settle. As an attorney and arbitrator, Faith has
presided over hundreds of cases, and has helped couples avoid and
resolve a wealth of drama. And she's seen it all! In Sis, Don't
Settle, she's gathered an arsenal of love, wisdom and advice for
women on how to play it smart. Modern culture would have women
believe they can't have it all-and be smart, successful, strong
women with authentic love to boot. Wrong. Told in her signature
style-sometimes salty and sometimes sweet-Faith provides real
solutions that will teach you how to thrive in relationships while
avoiding common missteps and pitfalls. She delivers it straight,
with no chaser, to show us how to level up, and reminds you that
how you live single will set the tone for your success in
relationships. Smart, illuminating, and, often laugh-out-loud
funny, Sis, Don't Settle is the essential playbook that will help
you build your confidence, generate better results in love, and
land a high-value relationship once and for all. You'll find tips
on topics like: * Strong Independent Women...and the Men Who Love
Them * What's Worse than a Bad Relationship? Overextending Your
Stay in One * Becoming the Right Person to Attract the Right Person
* How to Release Trash Subconscious Beliefs that Keep You Settling
* And much more! Whether you're single, divorced, or in a
situationship, Sis, Don't Settle reveals the direction and guidance
you need to navigate love and take back your power.
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.
Richard Abel examines some of the most common ethical complaints
made about lawyers in Lawyers in the Dock. Using detailed records
of disciplinary proceedings, he describes the actions surrounding
certain cases based on three of the most common complaints:
neglecting the client by failing to pursue cases diligently;
overcharging of clients by mystifying billing practices; and
betraying adversaries and courts out of excessive loyalty to
clients or causes. Richard Abel argues that these measures will do
little or nothing to solve the problems exposed by his six
disciplinary case studies unless structural changes are made to the
legal monopoly in order to restore the public trust in lawyers.
Lawyers in the Dock is essential reading for lawyers, law students,
and potential clients who wish to restore trust and professional
responsibility in the legal profession.
In this compelling volume in the What Everyone Needs to Know(r)
series, Paul Waldau expertly navigates the many heated debates
surrounding the complex and controversial animal rights movement.
Organized around a series of probing questions, this timely
resource offers the most complete, even-handed survey of the animal
rights movement available. The book covers the full spectrum of
issues, beginning with a clear, highly instructive definition of
animal rights. Waldau looks at the different concerns surrounding
companion animals, wild animals, research animals, work animals,
and animals used for food, provides a no-nonsense assessment of the
treatment of animals, and addresses the philosophical and legal
arguments that form the basis of animal rights. Along the way,
readers will gain insight into the history of animal protection-as
well as the political and social realities facing animals today-and
become familiar with a range of hot-button topics, from animal
cognition and autonomy, to attempts to balance animal cruelty
versus utility. Chronicled here are many key figures and
organizations responsible for moving the animal rights movement
forward, as well as legislation and public policy that have been
carried out around the world in the name of animal rights and
animal protection. The final chapter of this indispensable volume
looks ahead to the future of animal rights, and delivers an animal
protection mandate for citizens, scientists, governments, and other
stakeholders.
With its multidisciplinary, non-ideological focus and all-inclusive
coverage, Animal Rights represents the definitive survey of the
animal rights movement-one that will engage every reader and
student of animal rights, animal law, and environmental ethics.
What Everyone Needs to Know(r) is a registered trademark of Oxford
University Press
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.
Paying For Residential Care: A Guide For Private Client
Practitioners is authored by Austin Thornton, co-author of the
previous editions of this title. The new edition is a complete
rewrite, which has been necessitated by the introduction of the
Care Act 2014 and the repeal of the previous law. In a departure
from the second edition, the book includes a full section on the
legal basis for NHS continuing care eligibility and how to pursue
appeals. It provides comprehensive cover of the Care and Support
(Charging and Assessment of Resources) Regulations 2014, and will
assist advisors in risk assessing the use of family trusts. It is
hoped that this work will allow those advisors who are prepared to
put in the work necessary to learn the material to make a decent
job of arguing with councils and the NHS on the range of topics
that are covered. The ultimate aim of this book is therefore to
assist the public by enabling lawyers and other advisors to assist
them.
In this up-to-date new Edition, Wright and his team of expert
contributing authors incorporate results of the latest studies on
sex offender policies in their critical analyses of current laws,
and assess the most effective approaches in preventing sex offender
recidivism. This provocative book has been updated throughout to
reflect the latest research in the fields of criminal justice, law,
forensic psychology, and social work. It is the only book on the
market that offers such a focused and comprehensive examination of
current sex offender laws and policies and what is known about
their efficacy. This new and expanded Edition of the book presents
alternative models and approaches to sex offense laws and policies,
including a brand new chapter on Sexual Assault Nurse Examiner
programs. The authors explore critical, cutting-edge topics, such
as sexting, internet sexual solicitation, the death penalty, and
community responses to sex offense.
Hong Kong is one of the very few places in the world where the
common law can be practiced in a language other than English.
Introduced into the courtroom over a decade ago, Cantonese has
significantly altered the everyday working of the common law in
China's most Westernized city. In "The Common Law in Two Voices,"
Ng explores how English and Cantonese respectively reinforce and
undermine the practice of legal formalism.
This first-ever ethnographic study of Hong Kong's unique legal
system in the midst of social and political transition, this book
provides important insights into the social nature of language and
the work of institutions. Ng contends that the dilemma of legal
bilingualism in Hong Kong is emblematic of the inherent tensions of
postcolonial Hong Kong. Through the legal dramas presented in the
book, readers will get a fresh look at the former British colony
that is now searching for its identity within a powerful China.
Working Virtue is the first substantial collective study of virtue
theory and contemporary moral problems. Leading figures in ethical
theory and applied ethics discuss topics in bioethics, professional
ethics, ethics of the family, law, interpersonal ethics, and the
emotions.
Virtue ethics is centrally concerned with character traits or
virtues and vices such as courage (cowardice), kindness
(heartlessness), and generosity (stinginess). These character
traits must be looked to in any attempt to understand which
particular actions are right or wrong and how we ought to live our
lives. As a theoretical approach, virtue ethics has made an
impressive comeback in relatively recent history, both posing an
alternative to, and, in some ways, complementing well-known
theoretical stances such as utilitarianism and deontology. Yet
there is still very little material available that presents
virtue-ethical approaches to practical contemporary moral problems,
such as what we owe distant strangers, our parents, or even
non-human animals. This book fills the gap by dealing with these
and other pressing moral problems in a clear and theoretically
nuanced manner.
The contributors offer a variety of perspectives, including
pluralistic, eudaimonistic, care-theoretical, Chinese, comparative,
and stoic. This variety allows the reader to appreciate not only
the wide range of topics for which a virtue-ethical approach may be
fitting, but also the distinctive ways in which such an approach
may be manifested.
This book answers two basic but under-appreciated questions: first,
how does the American criminal justice system address a defendant's
family status? And, second, how should a defendant's family status
be recognized, if at all, in a criminal justice system situated
within a liberal democracy committed to egalitarian principles of
non-discrimination? After surveying the variety of "family ties
benefits" and "family ties burdens" in our criminal justice system,
the authors explain why policymakers and courts should view with
caution and indeed skepticism any attempt to distribute these
benefits or burdens based on one's family status. This is a
controversial stance, but Markel, Collins, and Leib argue that in
many circumstances there are simply too many costs to the criminal
justice system when it gives special treatment based on one's
family ties or responsibilities.
Privilege or Punish breaks new ground by offering an important
synthetic view of the intersection between crime, punishment, and
the family. Although in recent years scholars have been successful
in analyzing the indirect effects of certain criminal justice
policies and practices on the family, few have recognized the
panoply of laws (whether statutory or common law-based) expressly
drawn to privilege or disadvantage persons based on family status
alone. It is critically necessary to pause and think through how
and why our laws intentionally target one's family status and how
the underlying goals of such a choice might better be served in
some cases. This book begins that vitally important conversation
with an array of innovative policy recommendations that should be
of interest to anyone interested in the improvement of our criminal
justice system.
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