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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.
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.
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.
The collection of rulings publishes the administration of justice
by governmental courts in the Federal Republic of Germany
pertaining to the relationship of church and state, and also
regarding further problems which are characterized by the relevance
of religious concerns.
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.
Adam Smith was not just a pioneer of political economy; he was also
a moral philosopher who aspired to write a systematic theory of
law. Though he never completed the project - he asked the executors
of his estate to burn his notes - his major published works contain
a multitude of passages from which significant portions of his
legal theory can be reconstructed. Many of Smith's views are of
great relevance to present-day issues. He proposed financial
regulation restricting the freedom of individuals, which he likened
to the necessity of equipping buildings with firewalls. In light of
the global firestorm caused by the most recent banking crisis,
Smith's ideas appear strikingly modern.
The collection of rulings publishes the administration of justice
by governmental courts in the Federal Republic of Germany
pertaining to the relationship of church and state, and also
regarding further problems which are characterized by the relevance
of religious concerns.
Great poker players are master tacticians. Not only do they
calculate odds with lightning speed and astonishing precision, but
they also cunningly anticipate and manipulate the actions of their
adversaries. In short, they boast skills that every lawyer can
envy. This highly entertaining work might best be summed up as
"better lawyering through poker." Steven Lubet shows exactly how
the tactics of the poker table can be adapted to litigation,
negotiation, and virtually every aspect of law practice. In a
series of engaging and informative lessons, Lubet describes
concepts like "betting for value," "slow playing," and "reverse
bluffing," and explains how they can be used by lawyers to win
their cases. The best card players, like the best lawyers, have a
knack for getting their adversaries to react exactly as they want,
and that talent separates the winners from the losers. Lawyers'
Poker is an irresistible guide to successful lawyering and an
enjoyable read for anyone with an interest in law. No poker
knowledge required.
Daniel Sperling discusses the legal status of posthumous interests
and their possible defeat by actions performed following the death
of a person. The author first explores the following questions: Do
the dead have interests and/or rights, the defeat of which may
constitute harm? What does posthumous harm consist of and when does
it occur, if at all? This is followed by a more detailed analysis
of three categories of posthumous interests arising in the
medico-legal context: the proprietary interest in the body of the
deceased, the testamentary interest in determining the disposal of
one's body after death and the interest in post-mortem medical
confidentiality. Sperling concludes that if we acknowledge the
interest in one's symbolic existence and legally protect it, not
only do some interests survive a person's death but we should also
enjoy a peremptory legal power to shape in advance our symbolic
existence after death.
Legal theorists are familiar with John Finnis's book Natural Law
and Natural Rights, but usually overlook his interventions in US
constitutional debates and his membership of a group of
conservative Catholic thinkers, the 'new natural lawyers', led by
theologian Germain Grisez. In fact, Finnis has repeatedly advocated
conservative positions concerning lesbian and gay rights,
contraception and abortion, and his substantive moral theory (as he
himself acknowledges) derives from Grisez. Bamforth and Richards
provide a detailed explanation of the work of the new natural
lawyers within and outside the Catholic Church - the first truly
comprehensive explanation available to legal theorists - and
criticize Grisez's and Finnis's arguments concerning sexuality and
gender. New natural law is, they argue, a theology rather than a
secular theory, and one which is unappealing in a modern
constitutional democracy. This book will be of interest to legal
and political theorists, ethicists, theologians and scholars of
religious history.
The women's movement and increasing social consciousness regarding
gender disparity and discrimination has helped to make gains over
the past several decades to reduce gender disparity for women in
the workplace. However, gender discrimination and disparity
continue to exist. Women continue to receive lower wages, and fewer
opportunities for promotion and professional advancement - and this
is particularly true in male dominated professions such as criminal
justice. Building on original qualitative data, this book explores
the experiences of female criminal justice professionals who have
risen to the top of their professional ladders. The book includes
first-hand narrative accounts of high ranking successful
professional women working across a range of fields such as
policing, courts, corrections, victim and restorative justice
services and criminal justice research agencies in the United
States and Canada. This book highlights the barriers that
successful female criminal justice professionals have to overcome
to obtain their positions, and identifies key themes that these
women see as having allowed them to break through those barriers
and to navigate their professional environments. This book provides
students interested in entering the criminal justice field - and
working professionals already in the field - with knowledge about
women who have risen through the ranks and up the professional
ladder to break through the glass and the brass ceilings of their
profession.
Over the last decade, the U.S., UK Israel and other states have
begun to use Unmanned Aerial Vehicles (UAVs) for military
operations and for targeted killings in places like Pakistan, Yemen
and Somalia. Worldwide, over 80 governments are developing their
own drone programs, and even non-state actors such as the Islamic
State have begun to experiment with drones. The speed of
technological change and adaptation with drones is so rapid that it
is outpacing the legal and ethical frameworks which govern the use
of force. This volume brings together experts in law, ethics and
political science to address how drone technology is slowly
changing the rules and norms surrounding the use of force and
enabling new, sometimes unprecedented, actions by states. It
addresses some of the most crucial questions in the debate over
drones today. Are drones a revolutionary form of technology that
will transform warfare or is their effect merely hype? Can drone
use on the battlefield be made wholly consistent with international
law? How does drone technology begin to shift the norms governing
the use of force? What new legal and ethical problems are presented
by targeted killings outside of declared war zones? Should drones
be considered a humane form of warfare? Finally, is it possible
that drones could be a force for good in humanitarian disasters and
peacekeeping missions in the near future? This book was previously
published as a special issue of The International Journal of Human
Rights.
Law students, law professors, and lawyers frequently refer to the
process of "thinking like a lawyer," but attempts to analyze in any
systematic way what is meant by that phrase are rare. In his
classic book, Kenneth J. Vandevelde defines this elusive phrase and
identifies the techniques involved in thinking like a lawyer.
Unlike most legal writings, which are plagued by difficult,
virtually incomprehensible language, this book is accessible and
clearly written and will help students, professionals, and general
readers gain important insight into this well-developed and
valuable way of thinking. Updated for a new generation of lawyers,
the second edition features a new chapter on contemporary
perspectives on legal reasoning. A useful new appendix serves as a
survival guide for current and prospective law students and
describes how to apply the techniques in the book to excel in law
school.
Law firm leaders must do more than react to change: they must
anticipate market dynamics and create a culture that allows their
lawyers and their firm to proactively shape the environment. Law
firms face unprecedented complexity, increased competition and
demands for transformation; yet, lawyers' taste for autonomy and
their need for intellectual challenge makes leading them especially
demanding. As a result, leaders must ensure they have the right
skills including the ability to listen, coach, innovate and support
change. This second edition, coordinated by Rebecca Normand-Hochman
and Dr Heidi K Gardner on behalf of the International Bar
Association, explores the crucial elements of law firm leadership.
New and updated chapters by prominent experts in the field include:
*Leading partners to collaborate: featuring case studies and
research to support behavioural change efforts, this new chapter
highlights how lawyers' unique personality profile can inhibit
change - and how leaders can productively manage this obstacle.
*Leading the M&A process: having helped both smaller domestic
and massive global law firms to successfully complete combinations,
the authors reveal the critical steps leaders need to follow to
gain partners' commitment to the hard work ahead. *Leadership
succession: based on work with 150 law firms, this new chapter
contains checklists and tools to help handle typical 'pain points',
such as incentivising partners to cede control. Further chapters
address how to lead productive business development efforts, global
and virtual teams, the Millennial generation, and much more.
Providing insights and practical guidance, this edition
demonstrates how law firm leaders can enhance their leadership
capabilities, whether their firms are small or large, domestic or
global. Additionally, it is a vital resource for developing talent
in legal professionals and consultants. Further, by highlighting
the benefits of developing leadership skills early on, the book
will be of interest to junior lawyers seeking to develop their
careers.
Karpal Singh is widely regarded as Malaysia's best criminal and
constitutional lawyer. His sudden death on 17 April 2014 in a
horrific car accident - just a month after he was convicted of
sedition in the High Court - shocked and saddened Malaysians to the
core and left a deep void in the country's legal and political
landscape. Karpal was a fearless advocate for justice and a
defender of human rights in South East Asia and has appeared in the
Privy Council in London on a number of occasions before such
appeals were abandoned by Malaysia. He is renowned for his defence
of many people from many nations who have faced the death penalty
under Malaysia's Dangerous Drugs Act. In recent years, one of his
biggest achievements was his successful defence of former Deputy
Prime Minister Anwar Ibrahim on two charges of sodomy in 2012. On
the night he died, Karpal was still fighting for Anwar, who had
been convicted once again of sodomy, and seeking to reassure him.
He told the Opposition leader in a telephone call he would do his
best in the prosecution's `fast-tracked' Federal Court of Appeal.
Indeed, Karpal had Anwar's files with him in his vehicle when the
fateful crash occurred. In this edition with a new foreword by
Karpal's son, Gobind Singh Deo, veteran journalist Tim Donoghue
completes the biography of Malaysia's tenacious and principled
lawyer-politician
Winner of the 2017 Eduardo Bonilla-Silva Outstanding Book Award,
sponsored by the Society for the Study of Social Problems. Finalist
for the C. Wright Mills Book Award, sponsored by the Society for
the Study of Social Problems. Winner of the 2017 Oliver Cromwell
Cox Book Award, sponsored by the American Sociological
Association's Section on Racial and Ethnic Minorities. Winner of
the 2017 Mary Douglas Prize for Best Book, sponsored by the
American Sociological Association's Sociology of Culture Section.
Honorable Mention in the 2017 Book Award from the American
Sociological Association's Section on Race, Class, and Gender.
NAACP Image Award Nominee for an Outstanding Literary Work from a
debut author. Winner of the 2017 Prose Award for Excellence in
Social Sciences and the 2017 Prose Category Award for Law and Legal
Studies, sponsored by the Professional and Scholarly Publishing
Division, Association of American Publishers. Silver Medal from the
Independent Publisher Book Awards (Current Events/Social Issues
category). Americans are slowly waking up to the dire effects of
racial profiling, police brutality, and mass incarceration,
especially in disadvantaged neighborhoods and communities of color.
The criminal courts are the crucial gateway between police action
on the street and the processing of primarily black and Latino
defendants into jails and prisons. And yet the courts, often
portrayed as sacred, impartial institutions, have remained shrouded
in secrecy, with the majority of Americans kept in the dark about
how they function internally. Crook County bursts open the
courthouse doors and enters the hallways, courtrooms, judges'
chambers, and attorneys' offices to reveal a world of punishment
determined by race, not offense. Nicole Gonzalez Van Cleve spent
ten years working in and investigating the largest criminal
courthouse in the country, Chicago-Cook County, and based on over
1,000 hours of observation, she takes readers inside our so-called
halls of justice to witness the types of everyday racial abuses
that fester within the courts, often in plain sight. We watch white
courtroom professionals classify and deliberate on the fates of
mostly black and Latino defendants while racial abuse and due
process violations are encouraged and even seen as justified.
Judges fall asleep on the bench. Prosecutors hang out like frat
boys in the judges' chambers while the fates of defendants hang in
the balance. Public defenders make choices about which defendants
they will try to "save" and which they will sacrifice. Sheriff's
officers cruelly mock and abuse defendants' family members. Delve
deeper into Crook County with related media and instructor
resources. Crook County's powerful and at times devastating
narratives reveal startling truths about a legal culture steeped in
racial abuse. Defendants find themselves thrust into a pernicious
legal world where courtroom actors live and breathe racism while
simultaneously committing themselves to a colorblind ideal.
Gonzalez Van Cleve urges all citizens to take a closer look at the
way we do justice in America and to hold our arbiters of justice
accountable to the highest standards of equality.
.,."Perez-Perdomo combines scholarship with first-hand knowledge to
successfully synthesize for the first time a multitude of national
studies on the history of lawyers....This volume constitutes an
important academic contribution as well as a fascinating long term
perspective into a profession that is crucial for the conduct of
modern states and the improvement of justice and the rule of law in
Latin America."--Law and Politics Book Review
"Latin American Lawyers" is an important work. It analyzes the role
of law and lawyers in more than twenty Latin American countries
over several hundred years, building on a vast body of literature
that has never before been synthesized. The issues raised in this
book are important both for the general history of the region and
for an understanding of the several legal professions."--David
Trubek, University of Wisconsin-Madison
During the last thirty years, the judiciary has undergone an
unprecedented expansion in its size and power. Judges now have more
influence over our private and public lives than ever before. The
effect of this change has been to transform the judiciary from an
inward-looking elite into an increasingly heterogeneous
professional body. 'The New Judiciary' examines the developments
which have taken place in the appointment, training and scrutiny of
judges as a result of the expanding judicial role. It highlights
the increasing tension between the requirements of judicial
independence and accountability which these changes are producing.
The traditional insulation of the judiciary from all external
influences is being challenged by the need for greater openness and
public scrutiny of the judicial process. The passing of the Human
Rights Act 1998, incorporating the European Convention on Human
Rights into domestic law represents another stage in this process
by expanding the policy-making role of the senior judiciary still
further. As a result, the continuing modernisation of the
judiciary, which is the subject of this book, will be a
increasingly important feature of the legal and political process
in the years ahead.
**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
In Judgment and Mercy, Martin J. Siegel offers an insightful and
compelling biography of Irving Robert Kaufman, the judge infamous
for condemning Julius and Ethel Rosenberg to death for atomic
espionage. In 1951, world attention fixed on Kaufman's courtroom as
its ambitious young occupant stridently blamed the Rosenbergs for
the Korean War. To many, the harsh sentences and their preening
author left an enduring stain on American justice. But then the
judge from Cold War central casting became something unexpected:
one of the most illustrious progressive jurists of his day.
Upending the simplistic portrait of Judge Kaufman as a McCarthyite
villain, Siegel shows how his pathbreaking decisions desegregated a
Northern school for the first time, liberalized the insanity
defense, reformed Attica-era prisons, spared John Lennon from
politically motivated deportation, expanded free speech, brought
foreign torturers to justice, and more. Still, the Rosenberg
controversy lingered. Decades later, changing times and revelations
of judicial misconduct put Kaufman back under siege. Picketers
dogged his footsteps as critics demanded impeachment. And tragedy
stalked his family, attributed in part to the long ordeal. Instead
of propelling him to the Supreme Court, as Kaufman once hoped, the
case haunted him to the end. Absorbingly told, Judgment and Mercy
brings to life a complex man by turns tyrannical and warm, paranoid
and altruistic, while revealing intramural Jewish battles over
assimilation, class, and patriotism. Siegel, who served as
Kaufman's last law clerk, traces the evolution of American law and
politics in the twentieth century and shows how a judge unable to
summon mercy for the Rosenbergs nonetheless helped expand freedom
for all.
Die vom Institut fA1/4r Kirchenrecht und rheinische
Kirchenrechtsgeschichte an der Rechtswissenschaftlichen FakultAt
der UniversitAt zu KAln betreute Sammlung a žEntscheidungen in
Kirchensachen seit 1946a oe bietet die Judikatur staatlicher
Gerichte zum allgemeinen Religionsrecht und zum VerhAltnis von
Kirche und Staat. Die Sammlung ist die einzige ihrer Art im
deutschsprachigen Raum. Bislang sind40 BAnde mitA1/4ber 2800
Entscheidungen aus allen Gerichtszweigen erschienen. Sie bilden
zugleich ein Dokument der Zeitgeschichte. Ab Band 39 wird die
fA1/4r die VerhAltnisse in Deutschland relevante Rechtsprechung
europAischer GerichtshAfe in die Sammlung einbezogen. Der
vorliegende Band 41 umfasst die Entscheidungen in Kirchensachen
fA1/4r den Zeitraum 1.7.2002 bis 31.12.2002.
The Holistic Lawyer shows legal professionals that there is a way
to keep up their standards without getting overwhelmed. Ritu
Goswamy, lawyer and productivity consultant, builds on her
successful New Billable Hour (TM) program in The Holistic Lawyer
where she reveals tools to level up legal professionals' practice
even more, using one of their biggest resources: their own brain.
The Holistic Lawyer teaches readers how to move from overwhelm to
efficiency and reach maximum success in their professional and
personal life. Within its pages, Ritu teaches legal professionals:
Why lawyers overwork...and how to stop How they can use their brain
instead of letting it use them Why working hard to prove competence
is counterproductive How increasing their emotional intelligence
makes them more ethical What steps to take to work more efficiently
The legal profession is changing rapidly. It's time for lawyers to
work smarter not harder, and Ritu is going to show them how.
In countries outside the developed world, although writers have
written commentaries on specific legal codes, very little attention
has been given to legal writing which has focused specifically on
the ethics of the legal profession. This book makes a special
contribution in that regard providing, as it does, a comparative
study of prevailing efforts to enhance ethical standards in a
profession potentially in crisis and under much public scrutiny.
Countries which have been examined include the UK, the US, Canada,
South Africa, and countries in the Pacific, South East Asia and the
Caribbean. Valuable guidance and learning are provided on such
topical issues as wasted costs orders, conflicts of interests,
legal and judicial codes, confidentiality, privilege and the ethics
of the criminal process, where the jury system comes in for
critical evaluation. This book will be a valuable text on the
ethics and status of the profession. It will be of considerable
interest to law students, practitioners and legal academics, Bar
Associations, Attorneys-General and Directors of Public
Prosecutions as well as members of the judiciary.
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