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Books > Law > Jurisprudence & general issues > Legal profession
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These finely tempered reflections of a small city lawyer restate, in a graceful and informal manner, the true meaning of law and government to ordinary men. F. Lyman Windolph, for twenty-five years a prominent attorney in Lancaster, Pennsylvania, has handled almost every kind of legal case in his career, and through his close association with his clients he has gained an understanding of their lives and problems which, coupled with his wide legal knowledge, and alert sense of the social questions of the present, gives his essays a disarming and reassuring tone. Lawyers especially will enjoy his discussion of his experience with various cases and the more general topics of the value of the jury system, the difference between city and country trials, the ethics of defending guilty clients. But all will find the chapters on the meaning of democracy and liberalism and the indirect picture which the book gives of the day-by-day life in a small American community richly rewarding. In the last instance, two final essays-one on the Pennsylvania Dutch religious sects and "A Letter to My Father"-are particularly delightful. Several of the chapters have previously been published in the Atlantic Monthly and other magazines.
Emmanuel Levinas's philosophy of ethics has frequently attracted attention amongst legal scholars, but he remains a divisive and often enigmatic contributor to this field. He has been read within contexts as varied as human rights, private law, refugee law, and on the nature of judicial reasoning. This book explores what might unite such apparently diverse applications of his ideas, and in doing so considers the challenge of law's ethical relationship with the other. In addition to asking how Levinas's ethics can inform legal problems, the book also examines the ways in which the modern legal edifice has a deceptive tendency to close itself off from the ethical experience. In particular, literatures on biopolitics suggest that law is increasingly complicit in reductive determinations of how we understand ourselves and others. Levinas's most penetrating insight might not, therefore, lie in the law's instrumentalisation of his ethics, but instead in the way his ethics trace a human encounter that escapes law.
A timely and multifaceted portrait of the lawyers who serve the
diverse constituencies of the conservative movement, "Lawyers of
the Right" explains what unites and divides lawyers for the three
major groups--social conservatives, libertarians, and business
advocates--that have coalesced in recent decades behind the
Republican Party.
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.
Oliver Wendell Holmes was one of the most influential figures in American law. As a Supreme Court Justice, he wrote foundational opinions about such important constitutional issues as freedom of speech and the limits of state regulatory power. As a scholar and Massachusetts High Court judge, he helped to reshape the common law for the modern industrial era. And yet, despite the many accounts of his career, Holmes himself remains an enigma. This book is the first to explore the nineteenth-century New England influences so crucial to the formation of his character. Inspired by Ralph Waldo Emerson's transcendentalism, Holmes belonged to a group of men who formulated a philosophy known as American pragmatism that stood as an alternative to English empiricism and German rationalism. This innovative study places Holmes within the transcendentalist, pragmatist tradition and thereby unlocks his unique identity and contribution to American law. Wells' nuanced analysis will appeal to legal scholars, historians, philosophers, and general readers alike.
This fourteenth edition of Law Made Simple marks the fiftieth year of the publication for one of the best-selling UK Law books. It is the perfect introduction to the English Legal System, and combines an overview of both the legislation and case law relating to all the foundation subjects, including Contract, Torts, Land, Trusts, Criminal, Public and EU. Fully updated, this book acts as a clear and concise guide for students studying law at any level, and takes into account developments across the curriculum. It is suitable for students studying law at A-Level, or as an excellent background for students thinking of embarking on the study of law or related course at degree level.
This book, with contributors from nine countries, seeks to critically understand the processes of legal education reform and resistance and to point to what these processes mean for law and lawyers inside and outside of the United States. The book seeks to understand the forces driving these processes and to evaluate their implications. Its substantive chapters provide critical insights into how these transnational processes operate in different jurisdictions around the world in light of globalization and local competition. Taken together, the chapters show how institutions and practices of legal education have historically moved across jurisdictions and shaped legal education practices transnationally, as well as the challenges and limits these processes have faced. The chapters also show how that diffusion relates to empires and imperial competition, and in particular today to the rise in power of the United States after the Cold War-and the related diffusion of neoliberal economic policies that have also fueled the spread of corporate law firms modeled on the United States. The book shows how local processes play and evolve in relation to global balances of power. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence.
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.
The first Hispanic and third woman appointed to the United
States Supreme Court, Sonia Sotomayor has become an instant
American icon. Now, with a candor and intimacy never undertaken by
a sitting Justice, she recounts her life from a Bronx housing
project to the federal bench, a journey that offers an inspiring
testament to her own extraordinary determination and the power of
believing in oneself.
Richard Nixon’s loss in the 1962 gubernatorial election in California was more than just a simple electoral defeat. His once-promising political career was in ruins as he dropped his second high-profile race in as many years. Nixon, himself, rubbed salt in his own self-inflicted wounds by delivering a growling, bitter concession speech that made him seem like a sore loser. In the months following his defeat and self-immolation, he left California to move to New York so that he could work for a prestigious Wall Street law firm. His new career only seemed to confirm what everyone already knew: Richard Nixon was finished as a politician. Except, he wasn’t. Nixon’s political resurrection was virtually unprecedented in American history role, and he had his law firm to thank for paving his way to the White House. His role as public partner at Nixon, Mudge, Rose, Guthrie & Alexander was the ideal platform for him as he looked to reinvent himself after his back-to-back losses in 1960 and 1962. Nixon’s firm gave him access to deep-pocketed clients, many of whom became donors when he decided to take the plunge in 1968. Furthermore, working for so many international clients allowed him to travel the world and burnish his foreign policy credentials – a vital quality that voters were looking for as the Cold War raged on and the Vietnam War showed no signs of slowing down. Nixon’s time at the firm also allowed him to build a formidable campaign staff consisting of top-notch lawyers, researchers and writers – a staff that did just about everything for him when it came time to ramp up for the 1968 campaign.
To maintain public confidence in the judiciary, judges are governed by the strictest of ethical codes. Codes of conduct not only circumscribe a judge's official conduct but also restrict every aspect of a judge's off-bench life. Judges in Street Clothes: Acting Ethically Off-the-Bench provides an in-depth analysis of the rules limiting the charitable, educational, religious, fraternal, civic, and law-related extrajudicial activities of state and federal judges. This comprehensive, heavily footnoted resource examines: (1) the historical development of the American Bar Association's four model judicial codes with an emphasis on the rules regulating the charitable, educational, religious, fraternal, civic, and law-related activities of judges; (2) the State's interests in restricting the extrajudicial activities of judges; (3) the strengths and weaknesses of rules governing a judge's off-bench activities; (4) how state and federal courts, judicial disciplinary commissions, and judicial ethics advisory committees have interpreted judicial conduct rules; (5) best practices for judges; and (6) the constitutionality of the restrictions on a judge's charitable, educational, religious, fraternal, civic, and law-related undertakings. From both a theoretical and practical standpoint, this book addresses the ethical implications of the everyday activities of judges. How far may a judge go in expressing personal opinions about social and legal issues? What are the limits on a judge's use of social media? Is it permissible for a judge to receive an award from a victim advocacy group? Do the rules permit a judge to speak at a church or bar association's fund-raising dinner? May judges teach prosecutors and law enforcement officials how to improve their job performance? May a judge appear in an informational video for the judge's alma mater? Former judge Raymond J. McKoski discusses these and a host of other everyday situations judges face in their attempts to remain involved community members while promoting public confidence in the independence, integrity, and impartiality of the judiciary.
This collection brings together contemporary work from Britain, Germany and the United States on how law and lawyers have been represented in film, particularly in the past 40 years. It seeks to provide an overview of existing work on law and film. The essays cover the portrayal of the Anglo-American legal system in film. The volume includes work on the history and development of this screen coverage. It also provides a contrast between the Anglo-American and European approach to filming law. Special attention is devoted to influential film makers. The relationship between fact, fiction and film is explored. There is discussion of what amounts to a law film. The impact of the adversarial system on Continental popular culture is also assessed.
In recent decades, Oliver Wendell Homes has been praised as "the
only great American legal thinker" and "the most illustrious figure
in the history of American law." In "Law without Values," Albert W.
Alschuler paints a much darker picture of Justice Holmes as a
distasteful man who, among other things, espoused Social Darwinism,
favored eugenics, and as he himself acknowledged, came "devilish
near to believing htat might makes right."
By any measure, the law as a profession is in serious trouble. Americans' trust in lawyers is at a low, and many members of the profession wish they had chosen a different path. Law schools, with their endlessly rising tuitions, are churning out too many graduates for the jobs available. Yet despite the glut of lawyers, the United States ranks 67th (tied with Uganda) of 97 countries in access to justice and affordability of legal services. The upper echelons of the legal establishment remain heavily white and male. Most problematic of all, the professional organizations that could help remedy these concerns instead jealously protect their prerogatives, stifling necessary innovation and failing to hold practitioners accountable. In light of these circumstances, it is unsurprising that law ranked the lowest of ten occupations in a 2013 Pew survey of which profession or occupation contributes the most to society's well being. Deborah Rhode's The Trouble with Lawyers is a comprehensive account of the challenges facing the American bar. She examines how the problems have affected (and originated within) law schools, firms, and governance institutions like bar associations; the impact on the justice system and access to lawyers for the poor; and the profession's underlying difficulties with diversity. She uncovers the structural problems, from the tyranny of law school rankings and billable hours to the legal profession's almost entirely reactive response to claims of misconduct-all of which do a disservice to lawyers, their clients, and the public. A clear and pointed account of a profession that has gone badly off the rails, The Trouble with Lawyers is both an essential guide to America's legal crisis and a tool that can help fix it.
In its first and second editions, Tomorrow's Lawyers became an international bestseller, widely read and cited by practitioners and students. The third edition focuses on the law and lawyers in the 2020s. For Richard Susskind, the future of legal service is neither Grisham nor Rumpole. Instead, he predicts a world of online courts, AI-based global legal businesses, disruptive legal technologies, liberalized markets, commoditization, alternative sourcing, simulated practice on the metaverse, and many new legal jobs. This volume is a definitive and updated introduction to this future - for aspiring lawyers, and for all who want to modernize and upgrade our legal and justice systems. It offers practical guidance for everyone intending to build careers and businesses in law. Written in an era of greater technological advance than humanity has ever witnessed, this work is a call to arms: it challenges those who feel that the law and lawyers are somehow immune from technological advance; it draws attention to the unaffordability and inaccessibility of legal service, for businesses and citizens alike; it invites the next generation of lawyers to harness the power of technology in improving and even overhauling the way in which legal and court service is currently provided. Tomorrow's Lawyers identifies new opportunities for lawyers, new ways of helping clients and the community. It enjoins its readers to become involved in building the systems that will replace outmoded forms of legal work. It argues that it is both a privilege and an obligation for tomorrow's lawyers to embrace and bring about change. A must-read for legal undergraduates, aspiring and young lawyers, senior practitioners, leaders in law firms and legal businesses, law professors and law teachers.
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.
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.
Richard Nixon's loss in the 1962 gubernatorial election in California was more than just a simple electoral defeat. His once-promising political career was in ruins as he dropped his second high-profile race in as many years. Nixon, himself, rubbed salt in his own self-inflicted wounds by delivering a growling, bitter concession speech that made him seem like a sore loser. In the months following his defeat and self-immolation, he left California to move to New York so that he could work for a prestigious Wall Street law firm. His new career only seemed to confirm what everyone already knew: Richard Nixon was finished as a politician. Except, he wasn't. Nixon's political resurrection was virtually unprecedented in American history role, and he had his law firm to thank for paving his way to the White House. His role as public partner at Nixon, Mudge, Rose, Guthrie & Alexander was the ideal platform for him as he looked to reinvent himself after his back-to-back losses in 1960 and 1962. Nixon's firm gave him access to deep-pocketed clients, many of whom became donors when he decided to take the plunge in 1968. Furthermore, working for so many international clients allowed him to travel the world and burnish his foreign policy credentials - a vital quality that voters were looking for as the Cold War raged on and the Vietnam War showed no signs of slowing down. Nixon's time at the firm also allowed him to build a formidable campaign staff consisting of top-notch lawyers, researchers and writers - a staff that did just about everything for him when it came time to ramp up for the 1968 campaign.
Being Brown: Sonia Sotomayor and the Latino Question tells the story of the country's first Latina Supreme Court Associate Justice's rise to the pinnacle of American public life at a moment of profound demographic and political transformation. While Sotomayor's confirmation appeared to signal the greater acceptance and inclusion of Latinos-the nation's largest "minority majority"-the uncritical embrace of her status as a "possibility model" and icon paradoxically erased the fact that her success was due to civil rights policies and safeguards that no longer existed. Being Brown analyzes Sotomayor's story of success and accomplishment, despite seemingly insurmountable odds, in order to ask: What do we lose in democratic practice when we allow symbolic inclusion to supplant the work of meaningful political enfranchisement? In a historical moment of resurgent racism, unrelenting Latino bashing, and previously unimaginable "blood and soil" Nazism, Being Brown explains what we stand to lose when we allow democratic values to be trampled for the sake of political expediency, and demonstrates how understanding "the Latino question" can fortify democratic practice. Being Brown provides the historical vocabulary for understanding why the Latino body politic is central to the country's future and why Sonia Sotomayor's biography provides an important window into understanding America, and the country's largest minority majority, at this historical juncture. In the process, Being Brown counters "alternative facts" with historical precision and ethical clarity to invigorate the best of democratic practice at a historical moment when we need it most.
In recent years, millions of TV viewers have devoured images of the law. Amy Fisher, O.J. Simpson, Rodney King and JonBenet Ramsey have become household names. To meet popular demand we have a cable channel devoted to trials and police dramas 24 hours a day. Quick justice-dealing judges preside over TV courtrooms resolving real-life conflicts. What are the consequences when legal culture and popular culture dissolve into eath other? What happens, asks Richard K. Sherwin, when law goes pop? Sherwin, a law professor and former New York prosecutor, offers a pathbreaking interdisciplinary study of law and popular culture. He argues that in the welter of communication technologies, an unrestrained marketplace and postmodern ideas, law is increasingly becoming a spectacle, mimicking the style, techniques and visual logic of advertising and public relations. How will law continue to function when truth becomes interpretation and reality and fiction can no longer be separated? To answer these questions, Sherwin draws on a wealth of fascinating material: the contemporary storytelling strategies of lawyers; notoriously popular criminal cases in American legal history; representations of the law such as Errol Morris's "The Thin Blue Line"; and examples of how lawyers and judges have used the media to legitimize the judicial process. The law can be a powerful and affirmative tool for realizing meaning in postmodern life, but not when it is buffeted by corrosive cultural practices. "When Law Goes Pop" is an examination of legal practice in today's world, one that should be needed by everyone concerned with the future of our legal system and the meaning we invest in it.
Most people understand that regulations have a direct bearing on their access to things such as clean air and water and safe working environments. However, in the United States, few people make the connection between how legal services are regulated and how difficult it is for them to access legal services. Indeed, on the question of affordable and accessible civil justice, the World Justice Project ranks the US 94th out of 113 countries, behind Albania, Belarus, Myanmar, and Russia. For decades academics and others have debated whether the legal profession is self-regulated and, if it is, whether it should be. But is it the right debate? Self-regulation-or not-does not obviate the need for effective regulation. Independent, accountable, and transparent regulatory bodies, effective oversight of those bodies, the genuine engagement of citizens in the regulatory process, evidence-based research to fully assess the impact of regulation, and an approach to regulation that is proportionate and targeted to actual risks are essential for effective regulation. Through the lens of the adoption of alternative structures, this book explains how England, Wales, and Australia have, by embracing these essential elements, successfully modernized their regulatory environments for legal services, and how Canada has taken firm steps down its own path to the same. In contrast, by rejecting these elements, the United States remains paralyzed in an unproductive regulatory environment for legal services. This book provides a blueprint for how the US can take inspiration from its common law sisters to breathe new life into its regulatory environment for legal services. Ultimately, modernization will require more-and better-regulation that is financed publicly through equitable, progressive revenue sources.
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. |
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