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Books > Law > Jurisprudence & general issues > Legal profession
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.
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.
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.
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.
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.
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.
.,."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
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.
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.
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.
Toward the end of the twentieth century, English lawyers enjoyed widespread respect and prosperity. They had survived criticism by practitioners and academics and a Royal Commission enquiry, but the final decade witnessed profound changes. First the Conservatives sought to apply laissez-faire principles to the profession. Then Labour transformed the legal aid scheme it had created half a century earlier. At the same time, the profession confronted cumulative changes in higher education and women's aspirations, internal and external competition, and dramatic fluctuations in demand. This book analyses the politics of professionalism during that tumultuous decade, the struggles among individual producers (barristers, solicitors, foreign lawyers, accountants) their associations, consumers (individual and corporate, public and private) and the state to shape the market for legal services by deploying economic, political and rhetorical resources (including changing conceptions of professionalism). The profession had to respond to a greatly increased production of law graduates and the desire of lawyer mothers (and also fathers) to raise their families. It had to replace exclusivity with efforts to reflect the larger society (class, race, gender). The Bar needed to address challenges to its exclusive rights of audience from both solicitors and employed barristers and decide whether to retaliate by permitting direct access, thereby compromising its claim to be a consulting profession. Solicitors had to reconcile their invocation of market principles against the Bar with their resistance to corporate conveyancing and multidisciplinary practices. Government had to restrain a demand-led legal aid scheme; practitioners and their associations sought to pressure the government to expand eligibility and raise remuneration rates. Divisions within both branches so compromised self-regulation and governance that the government even threatened to deprive lawyers of those essential elements of professionalism. These challenges have begun a transformation of the legal profession that will shape its evolution throughout the twenty-first century.
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.
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. 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.
The authors look at how divorce lawyers actually work to address the question of legal professionalism in practice. Through a detailed and systematic study of legal practice at the micro level, they show how lawyers create their own controls over work through their social relationships, formal and informal norms, common knowledge, and shared values. While much of the research on legal professionalism centers on the formal standards of the bar as reflected in codes of professional responsibility, Mather et al. show how the discretionary judgments that lawyers make, and the choices they face, are actually understood in relation to norms and standards of other lawyers with whom they interact or compare themselves.
The phrase a oeBrilliance of Justicea originated from Nietzsche, who admittedly valued this form of brilliance at least as much as all others. Unexpectedly, Nietzsche was neglected by the field of legal philosophy even though he regarded legal philosophy as especially challenging. The author examines Nietzschea (TM)s numerous observations on justice, beginning with his earliest work on aphorisms and the Zoroaster and includes his posthumous writings and then relates these to his statements on law.
Competition is fierce to secure a training contract with a firm of solicitors. Undergraduates, postgraduates and those on the LPC all find the task equally difficult. This new book provides practical solutions to many of these problems. Clearly laid-out, easy-to-read and informative, it includes useful advice on such areas as: drafting CVs; writing covering letters to apply for training contracts; researching the market place; getting the best value out of work experience; selecting firms; interview approaches and techniques; accessing sources of finance. The book aims to be a useful source of reference and offer practical tips for anyone wishing to enter the legal profession.
'If deaths are not investigated, then the authorities cannot be held to account and democracy is threatened. And if deaths are not investigated, we are not a society that values human life.' Inspired from a young age to help the marginalised and voiceless, Leslie Thomas KC has dedicated his career to fighting for the underdog and holding the State to account. This intimate and personal record of some of the most significant, controversial and disturbing legal cases of the last fifty years lays bare the very heart of the law enforcement and judicial process. It's an unforgettable account of an idealistic and outspoken lawyer's coming of age as a Black man in London, and a powerful portrait of the lives of those he has fought for. From the Grenfell Tower Inquiry, to the deaths of Christi and Bobby Shepherd by carbon monoxide poisoning, the Birmingham Pub Bombings and the police shooting of Mark Duggan, Do Right and Fear No One present a blistering argument for a level playing field in the pursuit of justice.
Why this report, why now? We began 2020 in bright spirits and bountiful economic conditions; by early March all that had changed. Economic adjustments were made and, overall, firms ended the year in much better shape than their spring worst-case projections anticipated. Some firms were even close to their original 2020 profit expectations to date - largely due to quick actions to curtail expenditures as COVID-19 got underway in the US. Adjusting the Numbers: The Future of Finance in Law Firms looks back at a year like no other in our lifetimes, highlighting pricing, budgeting, strategic planning and people management principles, and identifying good compensation practices that can be applied during the pandemic, its gradual cessation, and beyond. Unique selling points: First title to look at financial performance post-COVID, focusing on pricing, compensation, financing, KPIs and partner management.
Becoming a partner in a professional services firm is for many ambitious fee-earners the ultimate goal. But in this challenging industry, with long hours, high pressure and even higher expectations, how do you stand out from the crowd? How do you build the most effective relationships? And how do you find the time to do all of this and still have a fulfilling personal life? Now in its third edition, How to Make Partner and Still Have a Life equips individuals at the start of their career through to partner with the skills needed to reach and succeed at the leadership level. How to Make Partner and Still Have a Life details the expectations and realities of being a partner and outlines how you can continue to achieve once you have obtained the much-coveted role. This edition is updated with guidance on developing the right mindset for success and the importance of mentoring and sponsorship. There is a specific focus on women and BAME professionals and the challenges faced by individuals coming from non-traditional or under-represented backgrounds. Heather Townsend and Jo Larbie provide a guide to help you tackle common obstacles and work smarter - not harder - to reach the top. Start your journey to partnership and still have the time for a life outside of work.
Thesecondeditionofthis workdemonstrates how substantiallythe field ofcomputers and law has moved. In the first edition, some 78 pages were givenover to the description ofhardwareand software description - almost an 'introduction to computing' for lawyers. Now, in this edition, the general expertise which exists amongst lawyers and the availability ofgood, easily assimilated information concerning the new technologies allows us to minimise this kind of material and move over to more substantive issues. Students no longer have to be told where the 'return' key is, and lawyers are aware of, for example, practice management software. Not only is the general level of understanding greater, but the computer itself has substantiallydeveloped, partlythroughbecomingmore power- ful for lesscost, and partly through the communications revolution known as the 'Internet'. Thishas allowed us to develop areas ofthe first edition which were not looked at due to space reasons: the result is acompletelydifferentbook. The preface to the first introduction made mention of the nega- tive view whichlaw teachers generallyhad ofthe role ofcomputers and law within the curriculum. This has changed drastically and it isnow almost universally the case that law schoolsencourage com- puter literacy amongst students and almost all staff are computer literate. This student literacy is seen as a skill for a future career, as well as a skill required by the law student during their education.
Benedictin was prescribed to more than thirty-five million American women from its introduction in 1956 until 1983, when it was withdrawn from the market. The drug's manufacturer, Merrill Dow Pharmaceuticals, a major U.S. pharmaceutical firm, joined a list of other companies whose product liabilities would result in precedent-setting litigation. Before it was over, the Benedictin litigation would involve 2,000 claimants over a fifteen-year period. Michael D. Green offers a comprehensive overview of the Benedictin case and highlights many of the key issues in mass toxic substances litigation, comparing individual and collective forms of litigation, and illustrating the misunderstandings between scientists and lawyers about the role of science in providing evidence for the legal system.
die vom Institut fur Kirchenrecht und rheinische Kirchenrechtsgeschichte an der Rechtswissenschaftlichen Fakultat der Universitat zu Koln betreute Sammlung "Entscheidungen in Kirchensachen seit 1946" 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. Sie bildet zugleich ein Dokument der Zeitgeschichte. Ab Band 39 wird die fur die Verhaltnisse in Deutschland relevante Rechtsprechung europaischer Gerichtshofe in die Sammlung einbezogen.?"
Is a career in law right for you?
This monograph contends that the concept of the independence of the judiciary has not been seriously analyzed in England and examines it through the perceptions of the Lord Chancellor's Office. The Lord Chancellor's Office was established in 1880 as the executive arm of the Lord Chancellor, who is the presiding judge of England, a member of the Cabinet, Speaker of the House of Lords and also head of an executive department - his own office. Working from the records of the Lord Chancellor's Office, the author takes the reader through a number of related areas: the appointment of judges and the attempt to remove them the disciplining of judges their role in the Courts their executive responsibilities, particularly towards the commissions and committees they chair relations with Parliament and the Civil Service and the role of the English Judges in the Judicial Committee of the Privy Council. This work also examines the battles within and around the judiciary over the last 30 years, and places them in the broader context of the separation of powers, the legal system and the politics of the period. |
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