The study of legal ethics and the legal profession has emerged as a distinct and important field of scholarship over the last 30 years. However, as in other disciplines, academic recognition can in turn entrench static and powerful meta-theories and narratives about professional ethos and practise, this collection seeks to disrupt this homogenising impulse and to present alternative voices by bringing together a range of international scholars writing about legal ethics and the legal profession. The book features significant and timely contributions which take contemporary and non-mainstream perspectives on the current and future shape of the legal profession. The essays not only describe the rapidly changing profession but canvas different approaches to scholarship on the legal profession. The collection seeks to explore a diverse and contextualised profession from a number of angles. Authors examine how the public sees lawyers and how lawyers see their own profession; how we practise law and how this practice shapes lawyers; how such cultural and professional practice intersects with institutional structures of the law to create certain legal outcomes; and how we regulate the legal profession to modify or institute ethical practice. The volume provides insights into legal culture and ethics from the perspective of authors from Australia, Canada, England, the United States, New Zealand and Kenya - a diversity of national perspectives that give valuable insights into developments in the profession at the local and global level. It also illustrates diversity within the profession by tracing differing professional career trajectories based on raced or gendered barriers, alternative ethical strategies and the impact of organisational cultures in which lawyers practice.

Globally, the methodologies of legal education have not changed in any fundamental way, some methods dating back hundreds of years. Law schools have relied, for too long, on passive learning methods such as lectures or cases. Clinical legal education provides an alternative that is more than just another pedagogical method. It provides a way for students to experience their emerging professional selves, while providing services or projects with poor and underrepresented clients. This book documents both the historical origins of clinical experiments in the earliest days of US university legal education, and the now-global reach of clinical pedagogy as a proven tool for effective training of legal professionals.

Family Law provides a comprehensive guide to family law legislation and practice in Ireland. It is an essential tool for family law students and practitioners but also for those outside of the legal profession whose work crosses over this area of law, and those with a general interest in how family law operates in Ireland.
Edited by a leading expert in the field, this fourth edition covers extensive areas of family law practice in Ireland and has been fully updated to include recent significant legislative changes introduced by the Civil Partnership and Certain Rights and Obligations of Cohabitees Act 2010. It contains revised coverage of separation agreements, judicial separation, divorce and ancillary orders, as well as of the law relating to children.

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?
This book explores these questions, vital to understanding the nature of law and morality. It presents a clear account of practical reason, valuable to students of moral philosophy and jurisprudence at undergraduate or postgraduate levels. For more advanced scholars it also offers a reinterpretation of Kant's views on moral autonomy and Smith's on self-command, marrying Smith's 'moral sentiments' to Kant's 'categorical imperative' in a novel way.
The book concludes and underpins the author's Law, State, and Practical Reason series. Taken together the books offer an overarching theory of the nature of law and legal reason, the role of the State, and the nature of moral reason and judgement.

'An amazing portrait of how grifters came to be called visionaries and high finance lost its mind.' Charles Duhigg, bestselling author of The Power of Habit The definitive inside story of WeWork, its audacious founder, and the company's epic unravelling from the journalists who first broke the story wide open. In 2001, Adam Neumann arrived in New York after five years as a conscript in the Israeli navy. Just over fifteen years later, he had transformed himself into the charismatic CEO of a company worth $47 billion. With his long hair and feel-good mantras, the six-foot-five Neumann looked the part of a messianic Silicon Valley entrepreneur. The vision he offered was mesmerizing: a radical reimagining of work space for a new generation. He called it WeWork. As billions of funding dollars poured in, Neumann's ambitions grew limitless. WeWork wasn't just an office space provider; it would build schools, create cities, even colonize Mars. In pursuit of its founder's vision, the company spent money faster than it could bring it in. From his private jet, sometimes clouded with marijuana smoke, the CEO scoured the globe for more capital but in late 2019, just weeks before WeWork's highly publicized IPO, everything fell apart. Neumann was ousted from his company, but still was poised to walk away a billionaire. Calling to mind the recent demise of Theranos and the hubris of the dotcom era bust, WeWork's extraordinary rise and staggering implosion were fueled by disparate characters in a financial system blind to its risks. Why did some of the biggest names in banking and venture capital buy the hype? And what does the future hold for Silicon Valley 'unicorns'? Wall Street Journal reporters Eliot Brown and Maureen Farrell explore these questions in this definitive, rollicking account of WeWork's boom and bust.

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.

Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that, nevertheless, judges have an ethical obligation to apply the law correctly, at least in reasonably just legal systems. This is the view of most lawyers, legal scholars, and private citizens, but the arguments for it have received surprisingly little attention from philosophers.
Combining ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others. He then develops an alternative argument based on ways in which the rule of law promotes the good. Patterns of excessive judicial lawlessness, even when morally motivated, can damage the rule of law. Brand-Ballard explores the conditions under which individual judges are morally responsible for participating in destructive patterns of lawless judging. These arguments build upon recent theories of collective intentionality and presuppose an agent-neutral framework, rather than the agent-relative framework favored by many moral philosophers. Defying the conventional wisdom, Brand-Ballard argues that judges are not always morally obligated to apply the law correctly. Although they have an obligation not to participate in patterns of excessive judicial lawlessness, an individual departure from the law so as to avoid an unjust result is rarely a moral mistake if the rule of law is otherwise healthy.
Limits of Legality will interest philosophers, legal scholars, lawyers, and anyone concerned with the ethics of judging.

This book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India including large and sophisticated law firms and in-house legal departments, as well as legal process outsourcing companies. As the book's authors document, this new corporate legal sector is reshaping other parts of the Indian legal profession, including legal education, the development of pro bono and corporate social responsibility, the regulation of legal services, and gender, communal, and professional hierarchies with the bar. Taken as a whole, the book will be of interest to academics, lawyers, and policymakers interested in the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India, and how these countries are integrating into the institutions of global governance and the overall global market for legal services.

Expressions of support for diversity are nearly ubiquitous among contemporary law firms and corporations. Organizations back these rhetorical commitments with dedicated diversity staff and various diversity and inclusion initiatives. Yet, the goal of proportionate representation for people of color and women remains unrealized. Members of historically underrepresented groups remain seriously disadvantaged in professional training and work environments that white, upper-class men continue to dominate. While many professional labor markets manifest patterns of demographic inequality, these patterns are particularly pronounced in the law and elite segments of many professions. Diversity in Practice analyzes the disconnect between expressed commitments to diversity and practical achievements, revealing the often obscure systemic causes that drive persistent professional inequalities. These original contributions build on existing literature and forge new paths in explaining enduring patterns of stratification in professional careers. These more realistic assessments provide opportunities to move beyond mere rhetoric to something approaching diversity in practice.

Learn how to cost-effectively get new clients...
...without being looked upon as an ambulance chaser

In How to Build Your Law Practice with a Book, legaland publishing experts Kenneth L. Hardison and Adam D. Witty provide a powerhouse of advice for attorneys eager to attract clients and gain a reputation as an authority in their area. They identify 21 key reasons that authoring a book can propel a lawyer to the top, including growth of credibility and recognition, publicity for years to come, and constant generation of new leads. With a book, a lawyer can become a trusted speaker and media source whose range of influence will far outpace the competition. This is an essential guide for attorneys who want to grow their law practice.

Obligations: Law and Language is the first work of its kind to examine in depth the fundamental language used by courts, legislators, and academic commentators when describing the nature of obligations law. A comparative perspective is taken, examining the law of England, Scotland, the United States, Canada, and Australia, and an in-depth analysis is provided of the major legal commentaries, statutes, and case law from each jurisdiction. In exploring such fundamental words as obligation, liability, debt, conditional, unilateral, mutual, and gratuitous, the author examines the often confusing and contradictory ways in which basic structural language has been used, and brings clarity to a core area of legal theory and practice.

This is a practical guide to policing domestic violence in the United Kingdom. It sets out approaches to help identify victims early and target offenders through the effective use of intelligence across a range of offending. It also offers guidance on investigative techniques, risk assessment, inter-agency murder reviews and information-sharing. The impact of domestic violence on children and other witnesses is discussed, and the powers available to police under new legislation are outlined.
This title provides officers with information on all the practical measures to protect victims through the civil courts and through inter-agency schemes and perpetrator programs in the UK. It also includes a chapter on the topical subject of honor-based violence and forced marriage and gives advice on the various measures officers can take. All the issues covered in the book are supplemented with useful case studies and checklists, as well as examples of log taking and relevant forms, illustrating how the issues are dealt with in practice.
The book forms part of the Blackstone's Practical Policing Series. The series, aimed at junior to middle ranking officers, consists of practical guides containing clear and detailed explanations of the relevant legislation and practice, accompanied by case studies, illustrative diagrams and useful checklists.

'If deaths are not investigated, then the authorities cannot be held to account and democracy is threatened. And if deaths are not investigated, we are not a society that values human life.' Inspired from a young age to help the marginalised and voiceless, Leslie Thomas KC has dedicated his career to fighting for the underdog and holding the State to account. This intimate and personal record of some of the most significant, controversial and disturbing legal cases of the last fifty years lays bare the very heart of the law enforcement and judicial process. It's an unforgettable account of an idealistic and outspoken lawyer's coming of age as a Black man in London, and a powerful portrait of the lives of those he has fought for. From the Grenfell Tower Inquiry, to the deaths of Christi and Bobby Shepherd by carbon monoxide poisoning, the Birmingham Pub Bombings and the police shooting of Mark Duggan, Do Right and Fear No One present a blistering argument for a level playing field in the pursuit of justice.

Since its inception as an international principle to protect the welfare of patients and volunteers taking part in medical research, informed consent has become increasingly important within healthcare. Despite its ubiquitous status, there are a number of scholars who are beginning to question whether consent is adequate for contemporary biomedical research. The Limits of Consent considers a number of criticisms that have been levelled at the prominence given to autonomy, a central tenet underpinning the rationale for informed consent in Western bioethics. It raises questions about how quickly and easily this principle has been adopted, and how appropriate it is for those actively engaged in research. In the context of genetic research, for example, the individual's overriding right of autonomy to give consent to research could have huge implications for other members of their families.
The Limits of Consent questions the assumption that informed consent protects or facilitates individual autonomy, and discusses empirical studies which suggest that gaining a truly informed consent can be difficult to achieve in practice. With the expectation of treatment and guidance from the physician, how much is the process of consent governed by social norms and expectations? The Limits of Consent focuses upon three principal areas within biomedical research: clinical trials, genetic research, and research with those who may have impaired capacity to consent. It is a truly multi-disciplinary book, incorporating perspectives from medicine, law, philosophy and sociology.
The Limits of Consent is a fascinating exploration of the inadequacies of consent, and will appeal to those in the fields of bioethics, socio-legal studies, sociology, and health law. Policy makers, research ethics committee members, and those healthcare professionals with an interest in medical ethics, will also find the book of interest.

Hardly known twenty years ago, exclusion from public space has today become a standard tool of state intervention. Every year, tens of thousands of homeless individuals, drug addicts, teenagers, protesters and others are banned from parts of public space. The rise of exclusion measures is characteristic of two broader developments that have profoundly transformed public space in recent years: the privatisation of public space, and its increased control in the 'security society'. Despite the fundamental problems it raises, exclusion from public space has received hardly any attention from legal scholars. This book addresses this gap and comprehensively explores the implications that this new form of intervention has for the constitutional essentials of liberal democracy: the rule of law, fundamental rights, and democracy. To do so, it analyses legal developments in three liberal democracies that have been at the forefront of promoting exclusion measures: the United Kingdom, the United States, and Switzerland.

Many aspects relating to the conduct of mediation are left to mediator choice, but mediators often lack adequate guidance on how their discretion ought to be exercised. In this book, Omer Shapira identifies the ethical norms that govern mediators' conduct. Adopting a professional ethics perspective on the basis of role-morality and applying it to a core definition of mediators' role, Shapira argues that all mediators are placed in ethical relationships with mediation parties, the mediation profession, the public and their employers. or principals that produce ethical obligations. The book goes on to explore the legitimate expectations of these groups and analyzes existing codes of conduct for mediators. Shapira constructs a theory of mediators' ethics that produces a proposed model code of conduct for mediators - a detailed set of norms of mediators' ethics that can be rationally justified and defended with regard to mediators at large.

Law, by its very nature, tends to think locally, not globally. This book has a broader scope in terms of the range of nations and offers a succinct journey through law schools on different continents and subject matters. It covers education, research, impact and societal outreach, and governance. It illustrates that law schools throughout the world have much in common in terms of values, duties, challenges, ambitions and hopes. It provides insights into these aspirations, whilst presenting a thought-provoking discussion for a more global agenda on the future of law schools. Written from the perspective of a former dean, the book offers a unique understanding of the challenges facing legal education and research.

Despite its absence in the written text of the European Convention on Human Rights, the European Court of Human Rights now regularly uses the concept of autonomy when deciding cases concerning assisted dying, sexuality and reproductive rights, self-determination, fulfilment of choices and control over body and mind. But is the concept of autonomy as expressed in the ECtHR reasoning an appropriate tool for regulating reproduction or medical practice? Caring Autonomy reveals and evaluates the type of individual the ECtHR expresses and shapes through its autonomy-based case law. It claims that from a social and ethical perspective, the current individualistic interpretation of the concept of autonomy is inadequate, and proposes a new reading of the concept that is rooted in the acknowledgment and appreciation of human interdependence and the importance of interpersonal trust and care.

Combining her expertise in legal theory and judicial practice in a continental European civil-law system, Jeanne Gaakeer explores the intertwinement of legal theory and practice to develop a humanities-inspired methodology for both the academic interdisciplinary study of law and literature and for legal practice. This volume addresses judgment and interpretation as a central concern within the field of law, literature and humanities. It is not only a study of law as praxis that combines academic legal theory with judicial practice, but proposes both as central to humanistic jurisprudence and as a training in the conduct of public life. Drawing extensively on philosophical and legal scholarship and through analysis of literary works from Gustave Flaubert, Robert Musil, Gerrit Achterberg, Ian McEwan, Michel Houellebecq and Juli Zeh, Jeanna Gaakeer proposes a perspective on law as part of the humanities that will inspire legal professionals, scholars and advanced students of law alike.

The Good Lawyer explores the ethical and professional challenges that confront people who work in the law - or are considering it - and offers principled and pragmatic advice about how to overcome such challenges. This book takes a holistic approach that begins with your innate humanity. It urges you to examine your motives for seeking a career in law, to foster a deep understanding of what it means to be 'good', and to draw on your virtue and judgement when difficult choices arise, rather than relying on compliance with rules or codes. The Good Lawyer analyses four important areas of legal ethics - truth and deception, professional secrets, conflicts of interest, and professional competence - and explains the choices that are available when determining a course of moral action. It links theory to practice, and includes many examples, diagrams and source documents to illustrate ethical concepts, scenarios and decision making.

This book seeks to reframe our understanding of the lawyer's work by exploring how Martin Luther King Jr. built his advocacy on a coherent set of moral claims regarding the demands of love and justice in light of human nature. King never shirked from staking out challenging claims of moral truth, even while remaining open to working with those who rejected those truths. His example should inspire the legal profession as a reminder that truth-telling, even in a society that often appears morally balkanized, has the capacity to move hearts and minds. At the same time, his example should give the profession pause, for King's success would have been impossible absent his substantive views about human nature and the ends of justice. This book is an effort to reframe our conception of morality's relevance to professionalism through the lens provided by the public and prophetic advocacy of Dr. King.

Many of the innovations and ideas that legal teams need to embrace - such as those relating to project management and use of technology - have already evolved within the wider business environment. Despite this, many general counsel and other legal leaders report that they feel unprepared to tackle key business challenges and concepts. Business Thinking in Practice for In-house Counsel: Taking Your Seat at the Table takes a practical look at key concepts from influential business theory and illustrates how these are applicable to managing or working in an in-house legal department. Topics covered include purpose, culture, talent and innovation, all of which intersect to provide the structure and framework for legal teams to create a competitive edge. Each chapter features an interview and case study with a general counsel and/or legal team to demonstrate how business concepts can be used in-house most effectively. The author, Catherine McGregor, has engaged with the in-house legal market for many years as a journalist, consultant and commentator. During this time she has built close relationships with leading general counsel around the world and has observed first hand how the role of general counsel has changed and continues to change. Business Thinking in Practice for In-house Counsel is packed with lots of real-life examples and makes essential reading for any general counsel or senior in-house lawyer seeking to develop their business skills and maximise their team's success.

During the coming decades, the digital revolution that has transformed so much of our world will transform legal education as well. The digital production and distribution of course materials will powerfully affect both the content and the way materials are used in the classroom and library. This collection of essays by leading legal scholars in various fields explores three aspects of this coming transformation. The first set of essays discusses the way digital materials will be created and how they will change concepts of authorship as well as methods of production and distribution. The second set explores the impact of digital materials on law school classrooms and law libraries and the third set considers the potential transformation of the curriculum that the materials are likely to produce. Taken together, these essays provide a guide to momentous changes that every legal teacher and scholar needs to understand.