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Books > Law > Jurisprudence & general issues > Legal profession
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.
Learn how to cost-effectively get new clients...
A provocative, accessible, and cleverly illustrated guide to legal
principles and practice, by a law instructor and internationally
experienced attorney
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.
This book is about how the legal profession has been and will be revolutionized by technological change. Katsh examines the nature of the new technologies for communication and provides insights into what the legal future will look like. Throughout, he considers what kinds of law-related interactions are becoming possible in the new electronic era, and how legal interactions (e.g. contracts, copyright) are being changed.
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.
[a oeRulings in Ecclesiastical Matters Since 1946a ]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.
Master the complexities of modern intellectual property law with this comprehensive, reader-friendly text! Throughout the book, you'll find sample agreements, forms, checklists of paralegal tasks, statutes, realistic case studies, and excerpts of real cases involving interesting issues (such as the copyright ability of the Batmobile, tattoos) that will help you prepare for a successful career as a paralegal.
Edwin Cameron’s gripping and revealing new book is part memoir and part ode to the law. The book opens at the funeral of Cameron’s sister Laura when he was just seven. His father was accompanied by prison officials, having been briefly let out of prison for the occasion. This was the young Cameron’s first exposure to the law... In Justice, Cameron explains and defends the role of the law in South Africa’s continuing transition. He draws on his own life experience – of poverty, of a youth spent in a children’s home, of his differentness and of stigma – to illustrate the power and the limitations of the law. Cameron argues his case – that the Constitution offers South Africans our best chance for a just society – with personal passion, but also with the insights gained from hard years of judicial experience. Published in the run-on to the national election, Justice comes at a critical time in our country.
More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, "Asian Legal Revivals" explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia. Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences - and considering how those experiences have laid the foundation for those societies' legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over three hundred and fifty interviews, "Asian Legal Revivals" illuminates the recent past and the present of these legally changing nations and explains the profession's recent revival of influence, as spurred on by American geopolitical and legal interests.
In an empirical study of the interaction between law, adjudication, and conflicts about behaviour in the workplace, Lizzie Barmes analyses how labour and equality rights operate in practice in the UK. Arguing that individual employment rights have a Janus-faced quality, simultaneously challenging and sustaining existing distributions of power between management and employees, she calls for legal intervention at work to focus on resolving tensions between collective and individual concerns across the range of workplaces, and to stimulate the expression and reconciliation of different viewpoints in the implementation and enforcement of individual legal entitlements. Based on extensive primary research, the volume surveys and analyses experiences and attitudes towards negative behaviour in the workplace, and explains relevant employment and equality law as it has developed from 1995 to the present day, covering the major case law and legislative developments over this time. This book provides qualitative analysis of authoritative UK judgments about behavioural conflict at work from 1995 to 2010, as well as of interviews with senior managers and senior lawyers, allowing the reader first-hand insight into the influence of law and legal process on problems and conflict at work.
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.
International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalisation of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the systemarbitrators, lawyers, experts, third-party funders and arbitral institutionsremains ambiguous and often ineffectual. Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.
In 1773 John Adams observed that one source of tension in the debate between England and the colonies could be traced to the different conceptions each side had of the terms "legally" and "constitutionally"--different conceptions that were, as Shannon Stimson here demonstrates, symptomatic of deeper jurisprudential, political, and even epistemological differences between the two governmental outlooks. This study of the political and legal thought of the American revolution and founding period explores the differences between late eighteenth-century British and American perceptions of the judicial and jural power. In Stimson's book, which will interest both historians and theorists of law and politics, the study of colonial juries provides an incisive tool for organizing, interpreting, and evaluating various strands of American political theory, and for challenging the common assumption of a basic unity of vision of the roots of Anglo-American jurisprudence. The author introduces an original concept, that of "judicial space," to account for the development of the highly political role of the Supreme Court, a judicial body that has no clear counterpart in English jurisprudence. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Provides an authoritative analytical and practical doctrinal consideration of the law relating to professional immunities in tort law. Dr Davies primarily focuses on English law with some coverage of other common law jurisdictions where cases and other materials are relevant. Professional obligations and liabilities play an important role in tort, with a limited number of professional and occupational groups considered to benefit from some 'immunity' from these. This essential text reviews the nature of immunities and considers the contexts in which the term is used before providing examples of those 'immune' professions with reference to case law and leading secondary commentary. It addresses the rationales and justifications for immunities and, more broadly, their interaction with general professional negligence and liability issues.
Over the past twenty years, the volume of international litigation and arbitration has increased exponentially. As the number of new international courts and tribunals has proliferated, the diversity and volume of advocates appearing before the international courts has also increased. With this increase, the ethical standards that apply to counsel have become a growing field of interest to practitioners of public international law. Problems threatening the integrity of the international judicial process and concerns about divergent ethical standards amongst counsel have multiplied in the international judicial system, prompting early attempts by senior members of the 'international bar' to articulate common ethical standards. Professional Ethics at the International Bar examines the question of how to articulate common ethical standards for counsel appearing before international courts and tribunals, and the legal powers and practical ability of international courts to prescribe and enforce such standards. It conducts original research into both the theory and practice of the issues arising from this nascent process of professionalization. Using various sources, including interviews with judges, registrars, and senior practitioners, it argues that the professionalization of advocacy through the articulation of common ethical standards is both desirable and feasible in order to protect the integrity and fairness of the international judicial process.
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.
The concept of practical reason is central to contemporary thought
on ethics and the philosophy of law - acting well means acting for
good reasons. Explaining this requires several stages. How do
reasons relate to actions at all, as incentives and in
explanations? What are values, how do they relate to human nature,
and how do they enter practical reasoning? How do the concepts of
'right and wrong' fit in, and in what way do they involve questions
of mutual trust among human beings? How does our moral freedom -
our freedom to form our own moral commitments - relate to our
responsibilities to each other? How is this final question
transposed into law and legal commitments?
Lawyer misconduct affects many people: clients, adversaries,
opposing counsel, judges, the legal profession, and society at
large. The records of disciplinary proceedings offer a penetrating,
and largely ignored, perspective on how lawyers misbehave. Because
the lawyers' professional lives are at stake, the factual records
are extraordinarily detailed and the lawyers surprisingly open
about their motivations and justifications.
We live in an era of economic austerity and political uncertainty. This has profound implications for all areas of publicly funded services; the justice system is no exception. During such times, the judiciary must remain steadfast in maintaining their independence irrespective of any funding model. Professor Hardy and Sir Ryder set out a vision for the Justice system that takes a strategic approach to the legal system, explicitly based on national self-interest and commercial effectiveness. They argue that, in striving for such a strategic approach to the justice system, there should not be separate access to justice and business reliance on the Rule of Law, as if they are separate worlds. The authors advocate an approach enabling access to justice to be efficient as well as effective, evidence based and founded on solid analysis of needs and capabilities. This new strategic approach would therefore be to ensure that the Judiciary, as 'one judiciary' is equipped and skilled as proficiently as it possible and as aligned and as effective in its leadership. The authors bring unique expertise to the pursuit of 'one judiciary', carefully and thoroughly analysing how such a system would work in theory and in practice. This revolutionary monograph promises to be a defining text in the field of judicial leadership. It is essential reading for all Judicial Office Holders, legal policy makers, legal practitioners and academics, and for all those with an interest in human resources, business and management, psychology, and law.
This is your essential guide to standards and ethics in the psychological therapies. The book introduces you to key ethical values and principles and discusses how to practice in accordance with these. An accompanying online resource website provides you with over 30 videos showing commonly arising ethical dilemmas, further reading including book chapters and journal articles, and links to ethical codes and frameworks in the UK and internationally. |
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