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Books > Law > Jurisprudence & general issues > Legal profession
Data-gathering technology is more sophisticated than ever, as are
the ethical standards for using this data. This second edition
shows how to navigate this complex environment. Data Ethics
provides a practical framework for the implementation of ethical
principles into information management systems. It shows how to
assess the types of ethical dilemmas organizations might face as
they become more data-driven. This fully updated edition includes
guidance on sustainability and environmental management and on how
ethical frameworks can be standardized across cultures that have
conflicting values. There is also discussion of data colonialism,
the challenge of ethical trade-offs with ad-tech and analytics such
as Covid-19 tracking systems and case studies on Smart Cities and
Demings Principles. As the pace of developments in data-processing
technology continues to increase, it is vital to capitalize on the
opportunities this affords while ensuring that ethical standards
and ideals are not compromised. Written by internationally regarded
experts in the field, Data Ethics is the essential guide for
students and practitioners to optimizing ethical data standards in
organizations.
"A wonderful book...it should be read by anyone who has ever
contemplated going to law school. Or anyone who has ever worried
about being human." -"The New York Times"
It was a year of terrors and triumphs, of depressions and
elations, of compulsive work, pitiless competition, and, finally,
mass hysteria. It was Scott Turow's first year at the oldest,
biggest, most esteemed center of legal education in the United
States. Turow's experiences at Harvard Law School, where freshmen
are dubbed One Ls, parallel those of first-year law students
everywhere. His gripping account of this critical, formative year
in the life of a lawyer is as suspenseful, said "The New York
Times," as "the most absorbing of thrillers."
The field of artificial intelligence (AI) and the law is on the
cusp of a revolution that began with text analytic programs like
IBM's Watson and Debater and the open-source information management
architectures on which they are based. Today, new legal
applications are beginning to appear and this book - designed to
explain computational processes to non-programmers - describes how
they will change the practice of law, specifically by connecting
computational models of legal reasoning directly with legal text,
generating arguments for and against particular outcomes,
predicting outcomes and explaining these predictions with reasons
that legal professionals will be able to evaluate for themselves.
These legal applications will support conceptual legal information
retrieval and allow cognitive computing, enabling a collaboration
between humans and computers in which each does what it can do
best. Anyone interested in how AI is changing the practice of law
should read this illuminating work.
An invaluable resource for trainee and newly qualified solicitors
in Ireland, Civil Litigation provides a comprehensive understanding
of the practice and procedure in the most commonly encountered
aspects of civil litigation. The manual sets out the steps to be
taken by a solicitor in civil proceedings in the District Court,
the Circuit Court and the Superior Courts, from initiating or
defending an action to obtaining an order and enforcing it, to
preparing the bill of costs.
The text focuses on key practice areas, with chapters on the
practice and procedure of each of the courts; damages; the
limitation of actions; concurrent wrongdoers; appeals; civil
evidence; discovery; injunctions; judicial review; personal injury
litigation; summary procedure and enforcement of judgments;
litigation costs and client care and file management.
Fully updated with new legislation and case law, this third edition
is essential reading for all trainee solicitors on the Professional
Practice Course, and will also be a useful reference for students,
academics, and practitioners in the field.
A history of legal emotions in William Blackstone's England and
their relationship to justice William Blackstone's masterpiece,
Commentaries on the Laws of England (1765-1769), famously took the
"ungodly jumble" of English law and transformed it into an elegant
and easily transportable four-volume summary. Soon after
publication, the work became an international monument not only to
English law, but to universal English concepts of justice and what
Blackstone called "the immutable laws of good and evil." Most legal
historians regard the Commentaries as a brilliant application of
Enlightenment reasoning to English legal history. Loving Justice
contends that Blackstone's work extends beyond making sense of
English law to invoke emotions such as desire, disgust, sadness,
embarrassment, terror, tenderness, and happiness. By enlisting an
affective aesthetics to represent English law as just, Blackstone
created an evocative poetics of justice whose influence persists
across the Western world. In doing so, he encouraged readers to
feel as much as reason their way to justice. Ultimately, Temple
argues that the Commentaries offers a complex map of our affective
relationship to juridical culture, one that illuminates both
individual and communal understandings of our search for justice,
and is crucial for understanding both justice and injustice today.
Successfully managing a change initiative is no simple feat,
regardless of the size of the firm - distilling the process of
change into a workforce takes careful planning and support. Change
is stressful and difficult for people to process and accept, as we
often cling to what we know. This is especially true of lawyers,
who are notoriously averse to change. However, the legal sector has
begun to rapidly transform - and the firms that don't change with
it are going to struggle to stay relevant. In these turbulent times
for firms, change initiatives must be properly managed to ensure
the whole firm can successfully shift to the new norm and stick to
it. Without the proper support and management, a firm runs the
risks of alienating their workforce - who will not take well to
sudden and imposed change. Managing Legal Change Initiatives looks
to illustrate the best methods of introducing and managing change
in a sector that is known for being adverse to it. The book
highlights the critical obstacles and pitfalls that law firms will
face during transitional periods, and outlines some of the best
methods of approaching organizational change; from building a
change framework to follow, to encouraging a shift in partner
behavior through the compensation strategy. This new book also
explores why change is so difficult for individuals - with
discussion of the neuroscience behind change, and the role of
emotional intelligence in leaders to help garner a transformation.
With the disruptions to legal services predicted to continue for
some time, it will be those firms who adapt, put into place, and
act upon a change management strategy that will be the ones
capitalize on changes to come.
Beyond the Courtroom provides a compilation of articles and
chapters by a dispute resolution scholar who has made remarkable
contributions over his thirty-year career. Professor Abramson has
focused his research and practice on parties trying to resolve
their own disputes. This book includes publications that have
contributed to launching the then new field of mediation
representation with special attention on how attorneys, as gate
keepers to mediation, can effectively represent clients. The book
also includes his original publications that have contributed to
the emerging field of intercultural and international mediation and
the already robust and mature field of negotiations.
In the field of socio-legal studies or law and society scholarship,
it is rare to find empirically rich and conceptually sophisticated
understandings of actual legal practice. This book, in contrast,
connects the conceptual and the empirical, the abstract and the
concrete, and in doing so shows the law to be an irreducibly
social, material and temporal practice. Drawing on cutting-edge
work in the social study of knowledge, it grapples with conceptual
and methodological questions central to the field: how and where
judgment empirically takes place; how and where facts are made; and
how researchers might study these local and concrete ways of
judging and knowing. Drawing on an ethnographic study of how
narratives and documents, particularly case files, operate within
legal practices, this book's unique and innovative approach
consists of rearticulating the traditional boundaries separating
judgment from knowledge, urging us to rethink the way truths are
made within law.
Thoroughly revised and updated, this edition of the classic
casebook on police ethics explores the moral complexities of
situations faced by law enforcement officers every day across the
United States. This updated edition of Power and Restraint
maintains its place as a leading set of standards for evaluating
police behavior. It extends our understanding of the basis of
police accountability by grounding it in principles of the social
contract and constitutional democracy. It applies the standards of
fair access, public trust, public safety first, role discipline,
and neutral professionalism to a variety of modern policing
situations that help identify best practices and increase
understanding of the challenges of policing in 21st-century
America. Power and Restraint first locates itself in the context of
other significant studies by scholars from various disciplines on
moral issues in police work. Next, it establishes a foundation for
moral evaluation of police work grounded in social contract theory
as expressed in the U.S. Constitution and Declaration of
Independence. Third, the authors generate five standards derived
from the social contract for judging the actions of police. In the
second half of the book, the reader is asked to apply these
standards to a variety of typical but morally ambiguous policing
situations. Clarifies the basis for judgments of police behavior
Features case studies of actual law enforcement situations with
complex ethical considerations Improves police officers' ability to
think about their actions by examining the principles of ethical
policing and applying those principles to concrete cases Explains
both the need for and limitations on police authority, including
the use of force
Each year, over 40,000 new students enter America's law schools.
Each new crop experiences startlingly high rates of depression,
anxiety, fatigue, and dissatisfaction. Kathryne M. Young was one of
those disgruntled law students. After finishing law school (and a
PhD), she set out to learn more about the law school experience and
how to improve it for future students. Young conducted one of the
most ambitious studies of law students ever undertaken, charting
the experiences of over 1000 law students from over 100 different
law schools, along with hundreds of alumni, dropouts, law
professors, and more. How to Be Sort of Happy in Law School is
smart, compelling, and highly readable. Combining her own
observations and experiences with the results of her study and the
latest sociological research on law schools, Young offers a very
different take from previous books about law school survival.
Instead of assuming her readers should all aspire to
law-review-and-big-firm notions of success, Young teaches students
how to approach law school on their own terms: how to tune out the
drumbeat of oppressive expectations and conventional wisdom to
create a new breed of law school experience altogether. Young
provides readers with practical tools for finding focus, happiness,
and a sense of purpose while facing the seemingly endless onslaught
of problems law school presents daily. This book is an
indispensable companion for today's law students, prospective law
students, and anyone who cares about making law students' lives
better. Bursting with warmth, realism, and a touch of firebrand
wit, How to Be Sort of Happy in Law School equips law students with
much-needed wisdom for thriving during those three crucial years.
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.
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
'This is a gripping memoir from one of our country's greatest jury
advocates, offering a fascinating, no-holds-barred tour behind the
scenes of some of the most famous criminal cases of modern times'
The Secret Barrister 'Gripping' - The Times 'Mixes the excitement
of the courtroom and some practical tips on the advocacy with the
more mundane life of the working lawyer' - Sunday Times 'Between
such serious case studies, his jovial memoir reflects on the
challenges and satisfactions of life as a barrister.' - Daily Mail
___________ How can you speak up for someone accused of a savage
murder? Or sway a jury? Or get a judge to drop a case? In this
memoir, murder case lawyer William Clegg revisits his most
intriguing trials, from the acquittal of Colin Stagg to the
shooting of Jill Dando, to the man given life because of an
earprint. All the while he lays bare the secrets of his profession,
from the rivalry among barristers to the nervous moments before a
verdict comes back, and how our right to a fair trial is now at
risk. Under the Wig is for anyone who wants to know the reality of
a murder trial. It has been praised as "gripping" by The Times,
"riveting" by the Sunday Express and "fascinating" by the Secret
Barrister, who described the author as "one of our country's
greatest jury advocates." Several prominent barristers, including
Matthew Scott and Bob Marshall-Andrews QC, have said Under the Wig
is a "must read" for anyone with an interest in the criminal law.
Switch off the TV dramas and see real criminal law in action.
Well-known cases featured: The Murder of Rachel Nickell on
Wimbledon Common The Chillenden Murders (Dr Lin and Megan Russell)
The Trial of Private Lee Clegg The Murder of Jill Dando The first
Nazi war crimes prosecution in the UK The Murder of Joanna Yeates
The Rebekah Brooks Phone Hacking Trial
Can harsh interrogation techniques and torture ever be morally
justified for a nation at war or under the threat of imminent
attack? In the aftermath of the September 11, 2001, terrorist
strikes, the United States and other liberal democracies were
forced to grapple once again with the issue of balancing national
security concerns against the protection of individual civil and
political rights. This question was particularly poignant when US
forces took prisoners in Afghanistan and Iraq who arguably had
information about additional attacks. In this volume, ethicist Paul
Lauritzen takes on ethical debates about counterterrorism
techniques that are increasingly central to US foreign policy and
discusses the ramifications for the future of interrogation.
Lauritzen examines how doctors, lawyers, psychologists, military
officers, and other professionals addressed the issue of the
appropriate limits in interrogating detainees. In the case of each
of these professions, a vigorous debate ensued about whether the
interrogation policy developed by the Bush administration violated
codes of ethics governing professional practice. These codes are
critical, according to Lauritzen, because they provide resources
for democracies and professionals seeking to balance concerns about
safety with civil liberties, while also shaping the character of
those within these professional guilds. This volume argues that
some of the techniques used at Guantanamo Bay and elsewhere were
morally impermissible; nevertheless, the healthy debates that raged
among professionals provide hope that we may safeguard human rights
and the rule of law more effectively in the future.
A rare and evocative memoir of a respected constitutional scholar,
dedicated public servant, political reformer, and facilitator of
peace in the land of his ancestors. John D. Feerick's life has all
the elements of a modern Horatio Alger story: the poor boy who
achieves success by dint of his hard work. But Feerick brought
other elements to that classic American success story: his deep
religious faith, his integrity, and his paramount concern for
social justice. In his memoir, That Further Shore, Feerick shares
his inspiring story, from his humble beginnings: born to immigrant
parents in the South Bronx, going on to practice law, participating
in framing the U.S. Constitution's Twenty-Fifth Amendment, serving
as dean of Fordham Law, and serving as President of the New York
City Bar Association and chair of state commissions on government
integrity. Beginning with Feerick's ancestry and early life
experiences, including a detailed genealogical description of
Feerick's Irish ancestors in County Mayo and his laborious quest to
identify them and their relationships with one another, the book
then presents an evocative survey of the now-vanished world of a
working-class Irish Catholic neighborhood in the South Bronx.
Feerick's account of how he financed his education from elementary
school through law school is a moving tribute to the immigrant work
ethic that he inherited from his parents and shared with many young
Americans of his generation. The book then traces Feerick's career
as a lawyer and how he gave up a lucrative partnership in a
prestigious New York City law firm at an early age to accept the
office of Dean of the Fordham School of Law at a fraction of his
previous income because he felt it was time to give back something
to the world. John Feerick has consistently shown his commitment to
the law as a vocation as well as a profession by his efforts to
protect the rights of the poor, to enable minorities to achieve
their rightful places in American society, and to combat political
corruption. That Further Shore is an inspiring memoir of how one
humble and decent man helped to make America a more just and
equitable society.
The Abortion Act 1967 may be the most contested law in UK history,
sitting on a fault line between the shifting tectonic plates of a
rapidly transforming society. While it has survived repeated calls
for its reform, with its text barely altered for over five decades,
women's experiences of accessing abortion services under it have
evolved considerably. Drawing on extensive archival research and
interviews, this book explores how the Abortion Act was given
meaning by a diverse cast of actors including women seeking access
to services, doctors and service providers, campaigners, judges,
lawyers, and policy makers. By adopting an innovative biographical
approach to the law, the book shows that the Abortion Act is a
'living law'. Using this historically grounded socio-legal
approach, this enlightening book demonstrates how the Abortion Act
both shaped and was shaped by a constantly changing society.
Post-Racial Constitutionalism and the Roberts Court: Rhetorical
Neutrality and the Perpetuation of Inequality provides the first
comprehensive Critical Race Theory critique of the United States
Supreme Court under Chief Justice John Roberts. Since being named
to the Court in 2005, Chief Justice Roberts has maintained a
position of neutrality in his opinions on race. By dissecting
neutrality and how it functions as a unifying feature in all the
Court's race jurisprudence, this book illustrates the consequences
of this ostensible impartiality. By examining the Court's racial
jurisprudence dating back to the Reconstruction, the book shows how
the Court has actively rationalized systemic oppression through
neutral rhetoric and the elevation of process-based decisional
values, which are rooted in democratic myths of inclusivity and
openness. Timely and trenchant, the book illustrates the permanence
of racism and how neutrality must be rejected to achieve true
empowerment and substantive equality.
"Tournament of Lawyers" traces in detail the rise of one hundred of
the nation's top firms in order to diagnose the health of the
business of American law. Galanter and Palay demonstrate that much
of the large firm's organizational success stems from its ability
to blend the talents of experienced partners with those of
energetic junior lawyers driven by a powerful incentive--the race
to win "the promotion-to-partner tournament." This calmly reasoned
study reveals, however, that the very causes of the spiraling
growth of the large law firm may lead to its undoing.
"Galanter and Palay pose questions and offer some answers which are
certain to change the way big firm practice is regarded. To
describe their work as challenging is something of an
understatement: they at times delight, stimulate, frustrate and
even depress the reader, but they never disappoint. "Tournament of
Lawyers" is essential to the understanding of the business of the
big law firms."--Jean and Colin Fergus, "New York Law
Journal"
As one of the first researchers authorised to observe hearings and
access court files at the Court of Protection, Jaime Lindsey offers
an original account and analysis of the workings of this court.
Using data collected with the approval from the senior judiciary of
the Court of Protection and the Ministry of Justice, this
innovative book combines empirical data with theoretical and
normative analysis. It takes a socio-legal approach to
understanding how the Mental Capacity Act operates in practice to
achieve access to justice and situates current debates within an
international context, showing how other jurisdictions have been
guided by the United Nations Convention on the Rights of Persons
with Disabilities. Furthering scholarship across several fields
including access to justice, healthcare law and procedural justice
theory, this is a timely and pioneering book that argues for a
reimagining of the Court of Protection.
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