Offers one hundred rules that every first year law student should live by "Dear Law Student: Here's the truth. You belong here." Law professor Andrew Ferguson and former student Jonathan Yusef Newton open with this statement of reassurance in The Law of Law School. As all former law students and current lawyers can attest, law school is disorienting, overwhelming, and difficult. Unlike other educational institutions, law school is not set up simply to teach a subject. Instead, the first year of law school is set up to teach a skill set and way of thinking, which you then apply to do the work of lawyering. What most first-year students don't realize is that law school has a code, an unwritten rulebook of decisions and traditions that must be understood in order to succeed. The Law of Law School endeavors to distill this common wisdom into one hundred easily digestible rules. From self-care tips such as "Remove the Drama," to studying tricks like "Prepare for Class like an Appellate Argument," topics on exams, classroom expectations, outlining, case briefing, professors, and mental health are all broken down into the rules that form the hidden law of law school. If you don't have a network of lawyers in your family and are unsure of what to expect, Ferguson and Newton offer a forthright guide to navigating the expectations, challenges, and secrets to first-year success. Jonathan Newton was himself such a non-traditional student and now shares his story as a pathway to a meaningful and positive law school experience. This book is perfect for the soon-to-be law school student or the current 1L and speaks to the growing number of first-generation law students in America.

The seaworthiness of merchant ships plays a critical role in ensuring the safety of life and property and the prevention of marine pollution. It deals with the fitness and readiness of a ship and its fundamental ability to sail safely to its destination. The standards of seaworthiness extend to literally all aspects of a ship, including the human element, physical structure, documentation, cargo worthiness and so on. It is one of the most complicated concepts in the maritime regulatory regime, and it takes many forms. However, although one of the most important terms in maritime transportation and ship management, seaworthiness is not an absolute concept, but a relative one, dependent on the particular environment, context and facts, and the standards of seaworthiness have changed greatly with the introduction of new maritime regulations over the years. The existing literature on seaworthiness is found within a variety of dedicated articles or book chapters. This book summarizes all that information in one publication and provides an update on key books that are now more than a decade old. In addition, it also offers more detail on specific aspects that are rarely discussed on their own. The reader will gain an understanding of the constituent features which colour its application in sovereign jurisdictions, where each have their own, often conflicting, social or geopolitical priorities to meet. Each chapter relies heavily on case studies to illustrate how the laws which reflect private laws and national policy underpinning those priorities are applied in practice. This structure then enables an understanding of the problems in the carriage of goods by sea, with a view to offering options for solutions. The book is written to meet the needs of lawyers, maritime professionals and academics, to thoroughly explain the concept of seaworthiness and the relevant legal issues.

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.

English is the dominant language of international business relations, and a good working knowledge of the language is essential for today's legal or business professional. This book provides a highly practical approach to the use of English in commercial legal contexts, and covers crucial law terminology and legal concepts. Written with the needs of both students and practitioners in mind, this book is particularly suitable for readers whose first language is not English but need to use English on a regular basis in legal contexts. The book covers both written and verbal legal communication in typical legal situations in a straightforward manner. In addition to chapters on the grammar and punctuation utilised in legal writing, the book features sections on contract-drafting and the language used in negotiations, meetings and telephone conversations. It features a companion website which contains exercises covering the majority of the topics covered in the book's chapters. This edition thoroughly revises and expands the content of the companion website and contains updated examples, more detailed explanations of problematic areas and an expanded section on writing law essays.

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.
Drawing on in-depth interviews with more than seventy lawyers who represent conservative and libertarian nonprofit organizations, Ann Southworth explores their values and identities and traces the implications of their shared interest in promoting political strategies that give lawyers leading roles. She goes on to illuminate the function of mediator organizations--such as the Heritage Foundation and the Federalist Society for Law and Public Policy--that have succeeded in promoting cooperation among different factions of conservative lawyers. Such cooperation, she finds, has aided efforts to drive law and the legal profession politically rightward and to give lawyers greater prominence in the conservative movement. Southworth concludes, though, that tensions between the conservative law movement's elite and populist elements may ultimately lead to its undoing.

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.

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.

The complete guide to the business of running a successful legal practice

Many attorneys in small and mid-size practices are experts on the law, but may not have considered their practice as much from a business perspective.

Michael Gerber's "The E-Myth Attorney" fills this void, giving you powerful advice on everything you need to run your practice as a successful business, allowing you to achieve your goals and grow your practice. Featuring Gerber's signature easy-to-understand, easy-to-implement style, "The E-Myth Attorney" features: A complete start-up guide you can use to get your practice off the ground quickly, as well as comprehensive action steps for maximizing the performance of an existing practiceIndustry specific advice from two recognized legal experts that have developed a highly successful legal practice using Gerber's principlesGerber's universal appeal as a recognized expert on small businesses who has coached, taught, and trained over 60,000 small businesses

"The E-Myth Attorney" is the last guide you'll ever need to make the difference in building or developing your successful legal practice.

From the award-winning author of "Across a Hundred Mountains."
Cuando el padre de Reyna Grande deja a su esposa y sus tres hijos atras en un pueblo de Mexico para hacer el peligroso viaje a traves de la frontera a los Estados Unidos, promete que pronto regresara con el dinero suficiente para construir la casa de sus suenos. Sus promesas se vuelven mas dificiles de creer cuando los meses de espera se convierten en anos. Cuando se lleva a su esposa para reunirse con el, Reyna y sus hermanos son depositados en el hogar ya sobrecargado de su abuela paterna, Evila, una mujer endurecida por la vida.
Los tres hermanos se ven obligados a cuidar de si mismos. En los juegos infantiles encuentran una manera de olvidar el dolor del abandono y a resolver problemas de adultos. Cuando su madre regresa, la reunion sienta las bases para un capitulo nuevo y dramatico en la vida de Reyna: su propio viaje a "El otro lado "para vivir con el hombre que ha poseido su imaginacion durante anos-- su padre ausente.
En esta memoria extraordinaria, la galardonada escritora Reyna Grande le da vida a sus anos tumultuosos, capturando la confusion y las contradicciones de una infancia divida entre dos padres y dos paises. Solo en los libros, en la musica y en su rica imaginacion ella encontrara consuelo, un refugio momentaneo de un mundo en el que cada lugar se siente como "El otro lado." "La distancia entre nosotros "capta el paso de una nina de la infancia a la adolescencia y mas alla. Una divertida, lirica, pero desgarradora historia, nos recuerda que las alegrias y las tristezas de la infancia estan siempre con nosotros, impresas en el corazon, recordandonos de ese lugar que fue nuestro primer hogar.

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.

In an increasingly globalised and complex economy, arbitration is becoming the dispute resolution mechanism of choice for international M&A transactions. Spanning share purchase agreements, asset purchase agreements, shareholder agreements and joint venture arrangements, this is a huge area of commercial activity, giving rise to an expanding number of disputes. In the second and expanded edition of this title, leading experts in the field of international arbitration provide legal and practical guidance on the key types of dispute likely to arise from M&A transactions (eg, warranty claims, shareholder disputes, claims relating to completion accounts), and offer procedural and tactical tips for arbitration arising from them. The content also covers the fundamental questions of arbitrability, confidentiality, freedom to choose the governing law (and questions of mandatory law) and enforceability in a number of key jurisdictions. Together, the contributors provide a one-stop guide to the legal, tactical and practical aspects of arbitration in today's M&A market. The second edition contains not only valuable updates to the first edition, but includes new chapters covering a number of additional jurisdictions (including Peru and Poland). It also introduces a number of additional chapters on third party funding and warranty and indemnity insurance, as well as key concepts of valuation in the arbitration context, the quantification of damages for breach of representations and warranties. Whether you are a lawyer in private practice or are involved in M&A in the broadest sense, this commercially focused title will provide you with holistic, practical insight into the arbitration of M&A transactions.

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.

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.

Currently, the dominant enforcement paradigm is based on the idea that states deal with 'bad people' - or those pursuing their own self-interests - with laws that exact a price for misbehavior through sanctions and punishment. At the same time, by contrast, behavioral ethics posits that 'good people' are guided by cognitive processes and biases that enable them to bend the laws within the confines of their conscience. In this illuminating book, Yuval Feldman analyzes these paradigms and provides a broad theoretical and empirical comparison of traditional and non-traditional enforcement mechanisms to advance our understanding of how states can better deal with misdeeds committed by normative citizens blinded by cognitive biases regarding their own ethicality. By bridging the gap between new findings of behavioral ethics and traditional methods used to modify behavior, Feldman proposes a 'law of good people' that should be read by scholars and policymakers around the world.

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.

The first comprehensive biography of Neil Gorsuch, President Donald Trump's Supreme Court nominee and the youngest Supreme Court justice at the time of confirmation in twenty-five years.Born in Denver in 1967, Gorsuch was--and still remains--somewhat of a mystery to Democrats and Republicans alike, despite his ten years as a federal judge. During his confirmation, a senator said to Gorsuch, "We want to know what is in your heart." Now, acclaimed author John Greenya seeks to answer that question with this fascinating book. In Gorsuch, Greenya interviews those who knew Neil Gorsuch well in all periods of his life, both his opponents and his friends--at home and school, from his early work as a lawyer and his year as a Justice Department official, plus lawyers and others who interacted with him in his many years on the Federal bench. Enlightening, probing, and endlessly fascinating, Gorsuch provides a window to this conservative replacement to Justice Antonin Scalia and affords us a unique perspective on his anticipated legal opinions.

Mediation Ethics is a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making. Edited by mediation expert Ellen Waldman, the book is filled with illustrative case studies and authoritative commentaries by mediation specialists that offer insight for handling ethical challenges with clarity and deliberateness.

Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting.

Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation.

Commentaries by

Harold Abramson

Phyllis Bernard

John Bickerman

Melissa Brodrick

Dorothy J. Della Noce

Dan Dozier

Bill Eddy

Susan Nauss Exon

Gregory Firestone

Dwight Golann

Art Hinshaw

Jeremy Lack

Carol B. Liebman

Lela P. Love

Julie Macfarlane

Carrie Menkel-Meadow

Bruce E. Meyerson

Michael Moffitt

Forrest S. Mosten

Jacqueline

Nolan-Haley

Bruce Pardy

Charles Pou

Mary Radford

R. Wayne Thorpe

John Winslade

Roger Wolf

Susan M. Yates

Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?

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.