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Books > Law > Jurisprudence & general issues > Legal profession
In Towering Judges: A Comparative Study of Constitutional Judges,
Rehan Abeyratne and Iddo Porat lead an exploration of a new topic
in comparative constitutional law: towering judges. The volume
examines the work of nineteen judges from fourteen jurisdictions,
each of whom stood out individually among their fellow judges and
had a unique impact on the trajectory of constitutional law. The
chapters ask: what makes a towering judge; what are the background
conditions that foster or deter the rise of towering judges; are
towering judges, on balance, positive or detrimental for
constitutional systems; how do towering judges differ from one
jurisdiction to another; how do political and historical
developments relate to this phenomenon; and how does all of this
fit within global constitutionalism? The answers to these questions
offer important insight into how these judges were able to shine to
an uncommon degree in a profession where individualism is not
always looked on favourably.
The conventional approach to law and religion assumes that these
are competing domains, which raises questions about the freedom of,
and from, religion; alternate commitments of religion and human
rights; and respective jurisdictions of civil and religious courts.
This volume moves beyond this competitive paradigm to consider law
and religion as overlapping and interrelated frameworks that
structure the social order, arguing that law and religion share
similar properties and have a symbiotic relationship. Moreover,
many legal systems exhibit religious characteristics, informing
their notions of authority, precedent, rituals and canonical texts,
and most religions invoke legal concepts or terminology. The
contributors address this blurring of law and religion in the
contexts of political theology, secularism, church-state conflicts,
and the foundational idea of divine law. This title is also
available as Open Access on Cambridge Core.
For increasingly data-savvy clients, lawyers can no longer give "it
depends" answers rooted in anecdata. Clients insist that their
lawyers justify their reasoning, and with more than a limited set
of war stories. The considered judgment of an experienced lawyer is
unquestionably valuable. However, on balance, clients would rather
have the considered judgment of an experienced lawyer informed by
the most relevant information required to answer their questions.
Data-Driven Law: Data Analytics and the New Legal Services helps
legal professionals meet the challenges posed by a data-driven
approach to delivering legal services. Its chapters are written by
leading experts who cover such topics as: Mining legal data
Computational law Uncovering bias through the use of Big Data
Quantifying the quality of legal services Data mining and
decision-making Contract analytics and contract standards In
addition to providing clients with data-based insight, legal firms
can track a matter with data from beginning to end, from the
marketing spend through to the type of matter, hours spent, billed,
and collected, including metrics on profitability and success.
Firms can organize and collect documents after a matter and even
automate them for reuse. Data on marketing related to a matter can
be an amazing source of insight about which practice areas are most
profitable. Data-driven decision-making requires firms to think
differently about their workflow. Most firms warehouse their files,
never to be seen again after the matter closes. Running a
data-driven firm requires lawyers and their teams to treat
information about the work as part of the service, and to collect,
standardize, and analyze matter data from cradle to grave. More
than anything, using data in a law practice requires a different
mindset about the value of this information. This book helps legal
professionals to develop this data-driven mindset.
*Understand what digital transformation means in a law firm context
*Explore the cultural barriers to transformation, and learn how to
overcome them *Gain insight from the operating models of successful
digital businesses *Develop a business case and practical strategy
for digital transformation *Understand the importance of diversity
and purpose in driving digital change *Manage change and adoption
challenges *Build on learnings from the COVID-19 crisis to
accelerate digital transformation As law firms take stock in the
aftermath of COVID-19, there is an opportunity to rethink the law
firm operating model for the next decade and beyond. The crisis has
reinforced the importance of agility and resilience, and the
critical role digital technologies play in client service. For law
firms, digital transformation should no longer be viewed as an
indulgence, but as an urgent necessity. For those that embrace this
challenge, the rewards, for both clients and colleagues, will be
substantial. Written by one of the most respected leaders of law
firm innovation, this book will help those contemplating or leading
digital change in law firms to develop and execute a compelling
digital transformation strategy. With a particular focus on the
cultural and organisational challenges inherent in a law firm
partnership, the book provides practical advice on how to effect
meaningful and sustainable change. This invaluable guide for law
firm leaders, lawyers, and those leading digital change in a law
firm includes plenty of best-practice examples from outside as well
as inside the legal profession. The book provides valuable insight
for start-ups and technology providers looking to partner with law
firms, and for aspiring lawyers starting their professional
careers. Along with practical guidance on shaping digital
transformation, this engaging work will give the reader a
comprehensive overview of the competitive landscape in legal
services, sharing diverse perspectives and case studies from
leaders from different parts of the legal sector.
Increasing quantities of information about our health, bodies, and
biological relationships are being generated by health
technologies, research, and surveillance. This escalation presents
challenges to us all when it comes to deciding how to manage this
information and what should be disclosed to the very people it
describes. This book establishes the ethical imperative to take
seriously the potential impacts on our identities of encountering
bioinformation about ourselves. Emily Postan argues that identity
interests in accessing personal bioinformation are currently
under-protected in law and often linked to problematic
bio-essentialist assumptions. Drawing on a picture of identity
constructed through embodied self-narratives, and examples of
people's encounters with diverse kinds of information, Postan
addresses these gaps. This book provides a robust account of the
source, scope, and ethical significance of our identity-related
interests in accessing - and not accessing - bioinformation about
ourselves, and the need for disclosure practices to respond
appropriately. This title is also available as Open Access on
Cambridge Core.
The religion and state debate in Israel has overlooked the
Palestinian-Arab religious communities and their members, focusing
almost exclusively on Jewish religious institutions and norms and
Jewish majority members. Because religion and state debates in many
other countries are defined largely by minority religions' issues,
the debate in Israel is anomalous. Michael Karayanni advances a
legal matrix that explains this anomaly by referencing specific
constitutional values. At the same time, he also takes a critical
look at these values and presents the argument that what might be
seen as liberal and multicultural is at its core just as illiberal
and coercive. In making this argument, A Multicultural Entrapment
suggests a set of multicultural qualifications by which one should
judge whether a group based accommodation is of a multicultural
nature.
Religious freedom is one of the most debated and controversial
human rights in contemporary public discourse. At once a
universally held human right and a flash point in the political
sphere, religious freedom has resisted scholarly efforts to define
its parameters. Taliaferro explores a different way of examining
the tensions between the aims of religion and the needs of
political communities, arguing that religious freedom is a uniquely
difficult human right to uphold because it rests on two competing
conceptions, human and divine. Drawing on classical natural law,
Taliaferro expounds a new, practical theory of religious freedom
for the modern world. By examining conceptions of law such as
Sophocles' Antigone, Maimonides' Guide of the Perplexed, Ibn
Rushd's Middle Commentary on Aristotle's Rhetoric, and Tertullian's
writings, The Possibility of Religious Freedom explains how
expanding our notion of law to incorporate such theories can
mediate conflicts of human and divine law and provide a solid
foundation for religious liberty in modernity's pluralism.
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.
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.
Here is the story of a precarious childhood, with an alcoholic
father (who would die when she was nine) and a devoted but
overburdened mother, and of the refuge a little girl took from the
turmoil at home with her passionately spirited paternal
grandmother. But it was when she was diagnosed with juvenile
diabetes that the precocious Sonia recognized she must ultimately
depend on herself. She would learn to give herself the insulin
shots she needed to survive and soon imagined a path to a different
life. With only television characters for her professional role
models, and little understanding of what was involved, she
determined to become a lawyer, a dream that would sustain her on an
unlikely course, from valedictorian of her high school class to the
highest honors at Princeton, Yale Law School, the New York County
District Attorney's office, private practice, and appointment to
the Federal District Court before the age of forty. Along the way
we see how she was shaped by her invaluable mentors, a failed
marriage, and the modern version of extended family she has created
from cherished friends and their children. Through her
still-astonished eyes, America's infinite possibilities are
envisioned anew in this warm and honest book, destined to become a
classic of self-invention and self-discovery.
Technology is everywhere. Its presence is undeniable. The legal
industry, steeped in history and tradition, is not immune to the
changes brought about by technological advancement. No facet of the
legal industry can escape or ignore the increasingly important role
of technology in the practice of law. Yet, technology can
overwhelm, confuse, or downright intimidate many. By reading and
using the insights shared in this title, learn how to reconcile
technology's inescapable presence with the fear of the unknown it
often brings about. Edited by Colin S. Levy, a well-known legal
tech influencer and advocate, Handbook of Legal Tech provides
guidance from many of the leading figures within the legal tech
space on the different parts of law practice being enhanced and
improved by technology. Each chapter covers a key area of legal
tech, including automation, contract management, blockchain, use of
artificial intelligence, and legal analytics, and contains
first-hand insights into the development and adoption of legal
technology and actionable data around best uses for different types
of legal technologies. Legal ethics and the future of legal tech
are also explored. This book is aimed at lawyers both in-house and
in private practice globally who have an interest in legal tech and
wish to learn more about how it will impact and enhance their work.
In this age driven by data and technology, ignoring technology is
at your definitive peril. Get up to speed with this engaging and
enlightening book on the intersection of the legal industry and the
world of technology.
For several years legal professions across the world have, to
varying degrees, been undergoing dramatic changes as a result of a
range of forces such as globalization, diversification and changes
in regulation. In many jurisdictions the extent of these
transformations have led to a process of professional fragmentation
and generated uncertainty at institutional, organisational and
individual levels about the nature and future of legal
professionalism. As a result legal education is in flux in many of
jurisdictions including the United States, the UK and Australia,
with further effects in other Common Law and some Civil law
countries. The situation in the UK exemplifies the sense of
uncertainty and crisis, with a growing number of pathways into law;
an increasing surplus of law graduates to graduate entry positions
and most recently proposals for reform of legal education and
training by the Solicitors Regulation Authority (SRA). This
collection addresses both current and historical approaches showing
that some problems which appear to be modern are endemic, that
there are still some important prospects for change and that policy
issues may be more important than the interests of lawyers and
educators. This makes this volume a source of interest to lawyers,
law students, academic and policy makers as well as the discerning
public. This book was previously published as a special issue of
the International Journal of the Legal Profession.
The principle and practice of pro bono, or volunteer legal services
for the poor and other marginalized groups, is an increasingly
important feature of justice systems around the world. Pro bono
initiatives now exist in more than eighty countries - including
Colombia, Portugal, Nigeria, and Singapore - and the list keeps
growing. Covering the spread of pro bono across five continents,
this book provides a unique data set permitting the first-ever
comparative analysis of pro bono's growing role in the access to
justice movement. The contributors are leading experts from around
the world, whose chapters examine both the internal roots of and
global influences on pro bono in transnational context. Global Pro
Bono explores the dramatically expanding geographical and political
reach of pro bono: documenting its essential contribution to
bringing more justice to those on the margins, while underscoring
its complex and contested meaning in different parts of the world.
INSTANT #1 NEW YORK TIMES BESTSELLER The former attorney general
provides a candid account of his historic tenures serving two
vastly different presidents, George H.W. Bush and Donald J. Trump.
William Barr's first tenure as attorney general under President
George H.W. Bush was largely the result of chance, while his second
tenure under President Donald Trump a deliberate and difficult
choice. In this candid memoir, Barr takes readers behind the scenes
during seminal moments of the 1990s, from the LA riots to Pan Am
103 and Iran Contra. Thirty years later, Barr faced an unrelenting
barrage of issues, such as Russiagate, the COVID outbreak, civil
unrest, the impeachments, and the 2020 election fallout. One Damn
Thing After Another is vivid, forthright, and essential not only to
understanding the Bush and Trump legacies, but also how both men
viewed power and justice at critical junctures of their
presidencies.
This book is about supervision in the legal profession with a focus
on the experience of novice lawyers. It is the first of its kind.
Until now there have been a range of books dedicated to
professional supervision in many disciplines, but not law.
Supervision is an important link between formal university-based
legal education and independent practice and is relevant to a range
of contemporary legal practice issues including changes driven by
technology, workplace culture, regulating law firm management, and
well-being. This book aims to be scholarly and practical. It
provides an overview of how supervision is positioned in the legal
regulatory framework; it describes how supervision is conceived in
the legal profession and practice management literature; and draws
lessons from clinical legal education and other professional
disciplines. By reporting on survey data, this book also provides
insights into practitioners' attitudes and perceptions about
supervision in legal practice.
By day, Faith Jenkins is the host of the nationally syndicated TV
show Divorce Court; by night, she's a happily married newlywed who
navigated these dating streets for years before learning how to
attract the love of her dreams. When she turned 35 without a
wedding ring in sight, like most women, she started getting tons of
questions about not being married. But she made a decision: I.
Will. Not. Settle. As an attorney and arbitrator, Faith has
presided over hundreds of cases, and has helped couples avoid and
resolve a wealth of drama. And she's seen it all! In Sis, Don't
Settle, she's gathered an arsenal of love, wisdom and advice for
women on how to play it smart. Modern culture would have women
believe they can't have it all-and be smart, successful, strong
women with authentic love to boot. Wrong. Told in her signature
style-sometimes salty and sometimes sweet-Faith provides real
solutions that will teach you how to thrive in relationships while
avoiding common missteps and pitfalls. She delivers it straight,
with no chaser, to show us how to level up, and reminds you that
how you live single will set the tone for your success in
relationships. Smart, illuminating, and, often laugh-out-loud
funny, Sis, Don't Settle is the essential playbook that will help
you build your confidence, generate better results in love, and
land a high-value relationship once and for all. You'll find tips
on topics like: * Strong Independent Women...and the Men Who Love
Them * What's Worse than a Bad Relationship? Overextending Your
Stay in One * Becoming the Right Person to Attract the Right Person
* How to Release Trash Subconscious Beliefs that Keep You Settling
* And much more! Whether you're single, divorced, or in a
situationship, Sis, Don't Settle reveals the direction and guidance
you need to navigate love and take back your power.
Respect for autonomy has become a fundamental principle in human
research ethics. Nonetheless, this principle and the associated
process of obtaining informed consent do have limitations. This can
lead to some groups, many of them vulnerable, being left
understudied. This book considers these limitations and contributes
through legal and philosophical analyses to the search for viable
approaches to human research ethics. It explores the limitations of
respect for autonomy and informed consent both in law and through
the examination of cases where autonomy is lacking (infants),
diminished (addicts), and compromised (low socio-economic status).
It examines alternative and complementary concepts to overcome the
limits of respect for autonomy, including beneficence, dignity,
virtue, solidarity, non-exploitation, vulnerability and
self-ownership. It takes seriously the importance of human
relationality and community in qualifying, tempering and
complementing autonomy to achieve the ultimate end of human
research - the good of humankind.
An urgent plea for much needed reforms to legal education The
period from 2008 to 2018 was a lost decade for American law
schools. Employment results were terrible. Applications and
enrollment cratered. Revenue dropped precipitously and several law
schools closed. Almost all law schools shrank in terms of students,
faculty, and staff. A handful of schools even closed. Despite these
dismal results, law school tuition outran inflation and student
indebtedness exploded, creating a truly toxic brew of higher costs
for worse results. The election of Donald Trump in 2016 and the
subsequent role of hero-lawyers in the "resistance" has made law
school relevant again and applications have increased. However,
despite the strong early returns, we still have no idea whether law
schools are out of the woods or not. If the Trump Bump is temporary
or does not result in steady enrollment increases, more schools
will close. But if it does last, we face another danger. We tend to
hope that crises bring about a process of creative destruction,
where a downturn causes some businesses to fail and other
businesses to adapt. And some of the reforms needed at law schools
are obvious: tuition fees need to come down, teaching practices
need to change, there should be greater regulations on law schools
that fail to deliver on employment and bar passage. Ironically, the
opposite has happened for law schools: they suffered a harrowing,
near-death experience and the survivors look like they're going to
exhale gratefully and then go back to doing exactly what led them
into the crisis in the first place. The urgency of this book is to
convince law school stakeholders (faculty, students, applicants,
graduates, and regulators) not to just return to business as usual
if the Trump Bump proves to be permanent. We have come too far,
through too much, to just shrug our shoulders and move on.
When Daniel is tasked with writing the biography of his grandfather, Jules Browde - one of South Africa’s most celebrated advocates - he gets straight to work. But the task that at first seems so simple comes to overwhelm him.
The troubled progress of Daniel’s book stands in sharp contrast to the clear-edged tales his grandfather tells him. Spanning almost a century, these gripping stories compellingly conjure other worlds: the streets of 1920s Yeoville, the battlefields of the Second World War, the courtrooms of apartheid South Africa.
The Relatively Public Life Of Jules Browde is more than the portrait of an unusual South African life, it is the moving tale of a complex and tender relationship between grandfather and grandson, and an exploration of how we are made and unmade in the stories we tell about our lives.
A critical history of the Americanization of legal education in
fourteen countries The second half of the twentieth century
witnessed the export of American power-both hard and
soft-throughout the world. What role did US cultural and economic
imperialism play in legal education? American Legal Education
Abroad offers an unprecedented and surprising picture of the
history of legal education in fourteen countries beyond the United
States. Each study in this book represents a critical history of
the Americanization of legal education, reexamining prevailing
narratives of exportation, transplantation, and imperialism.
Collectively, these studies challenge the conventional wisdom that
American ideas and practices have dominated globally. Editors Susan
Bartie and David Sandomierski and their contributors suggest that
to understand legal education and to respond thoughtfully to the
mounting present-day challenges, it is essential to look beyond a
particular region and consider not only the ideas behind legal
education but also the broader historical, political, and cultural
factors that have shaped them. American Legal Education Abroad
begins with an important foundational history by leading Harvard
Law School historian Bruce Kimball, who explains the factors that
created a transportable American legal model, and the book
concludes with reflections from two prominent American law
professors, Susan Carle and Bob Gordon, whose observations on
recent disruptions within US law schools suggest that their
influence within the global order of legal education may soon fall
into further decline. This book should be considered an invaluable
resource for anyone in the field of law.
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