In "Law Lit," acclaimed novelist and law professor Thane Rosenbaum delves into our cultural obsession with the law, exploring how the legal system has historically captivated the imagination of artists and the attention of readers--from Oedipus Rex to today's courtroom thrillers.
This handsome volume, which TV anchor Jack Ford called "marvelously entertaining and enlightening," collects the iconic and the unexpected, each piece reminding us of the passion for justice, the struggle to do right, and the belief in the power of language that lie at the heart of the law. Were you inspired by Atticus Finch's closing remarks in "To Kill a Mockingbird"? Read them here, along with Portia's poetic maneuverings in "The Merchant of Venice," the famously heated cross-examination from "A Few Good Men," and Bob Dylan's controversial protest song "Hurricane."
With dozens of selections, including fiction, essays, and even film scripts, "Law Lit" is a dazzling collection that transcends place and time, from ancient Greece and foggy London to the narrow streets of Prague and the spectacle of an Alabama courthouse, offering an enlightening look at how lives can be laid bare before the bench.

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.

"M.W. Gibbs recalls a life of myriad transformations-from a youth of poverty to success in gold rush California to election as the first black municipal judge in America to service as the American consul to Madagascar. And Gibbs tells it all with a verve and candor. It is an autobiography worthy of its subject-and just as much worth reading today as when it was first published in 1902."-Tom W. Dillard Shadow and Light: An Autobiography (1902) is an astonishingly rich historical document from one of the most exceptional pioneers in nineteen-century America. Mifflin Wistar Gibbs's account of his towering success as an African American businessman, newspaper owner, judge, and diplomat is a voluminous narrative of one man's triumph despite the staggering racial inequalities of the time. Born into a free black family in Philadelphia in 1823, the young Mifflin Wistar Gibbs demonstrated a precociousness as a writer and orator as young as 16 years old. Although involved in the black literary and political scenes in Philadelphia, Gibbs was disillusioned with the city's racial inequality; He subsequently became involved in abolitionist activities, and was an active participant in the Underground Railroad. In his late 2o's he was invited by Fredrick Douglas to speak on an abolitionist lecture circuit throughout New York, Ohio, and Pennsylvania. In 1850 Gibbs left for the west to seek a fortune in the California gold rush. By the late 1850's he had built a successful business, and eventually established two black-owned newspapers in the Bay Area. When new discriminatory laws were passed in California, Gibbs moved to Victoria, where he became extremely successful as a businessman and a leader of the black community. Once the civil war had ended, he returned to the United States where he earned a law degree, moved to the south, and by 1873 had become the first African American elected as a municipal judge. From his beginning as a fatherless boy, to his post as an American diplomat, Shadow and Light is a stirring testament to the achievements of an extraordinary American pioneer. With an eye-catching new cover, and professionally typeset manuscript, this edition of Shadow and Light: An Autobiography is both modern and readable.

A provocative, accessible, and cleverly illustrated guide to legal principles and practice, by a law instructor and internationally experienced attorney

This might be the most useful book law students ever read. Not because it contains the details of case law, but because it teaches them how to think like a lawyer. From the fundamentals of effective argument to the principles, structures, and assumptions underlying our legal system, 101 Things I Learned in Law School makes the impenetrable clear and the complex understandable. Illustrated lessons summarize landmark cases and illuminate a fascinating range of questions, including:

* What is the difference between honesty and truthfulness?
* Why is circumstantial evidence often better than direct evidence?
* How does one find the proper sources to substantiate a legal argument?
* Why do states deliberately pass unconstitutional laws?
* How can testimony from a hostile witness be helpful?

Written by an internationally experienced attorney and law instructor, 101 Things I Learned in Law School is a concise, highly readable resource for law students, graduates, professionals, and anyone else fascinated--or confused--by our legal system.

'As thrilling as a detective novel.' The Times 'Powerful, moving and often captivating.' Financial Times 'A compelling read for anyone who cares about fairness, justice and humanity.' Observer The Sunday Times bestseller ___ Sarah Langford is a barrister. Her job is to stand in court representing the mad and the bad, the vulnerable, the heartbroken and the hopeful. She must become their voice. Sarah weaves their story around the black and white of the law and tell it to the courtroom. These stories may not make headlines but they will change the lives of ordinary people in extraordinary ways. They are stories which, but for a twist of luck, might have been yours. With remarkable candour, Sarah describes eleven cases which reveal what goes on in our criminal and family courts: these are tales of domestic fall out, everyday burglary, sexual indiscretion, and children caught up in the law. They are sometimes shocking and they are often heart-stopping. She examines how she feels as she defends the person standing in the dock. She also shows us how our attitudes and actions can shape not only the outcome of a case, but the legal system itself. ___ What readers are saying: ***** 'Absolutely fascinating . . . thought provoking, powerful and a compelling read.' ***** 'This book broke my heart at times but also contained humour and such poignant insights into the criminal justice system.' ***** 'Sarah writes incredibly well - she's informative while maintaining suspense and tension, and conveys so much emotion in her writing

Using detailed case studies of the relevant US states, Herbert Kritzer provides an unprecedented examination of the process and politics of how states select and retain judges. The book is organized around the competing goals of politics and professionalism, namely whether the focus in choosing judges should be on future judicial decisions (court outputs) or on the court processes by which those decisions are reached. Or, in considering who should be a judge, whether the emphasis should be on political credentials or on professional credentials. One important finding is that political concerns have surpassed professionalism concerns since 2000. Another is that voters have been more supportive of professionalism in selecting appellate judges than trial judges. Judicial Selection in the States should be read by anyone seeking a deep understanding of the complex interplay between politics and the judiciary at the state level in the United States.

Using detailed case studies of the relevant US states, Herbert Kritzer provides an unprecedented examination of the process and politics of how states select and retain judges. The book is organized around the competing goals of politics and professionalism, namely whether the focus in choosing judges should be on future judicial decisions (court outputs) or on the court processes by which those decisions are reached. Or, in considering who should be a judge, whether the emphasis should be on political credentials or on professional credentials. One important finding is that political concerns have surpassed professionalism concerns since 2000. Another is that voters have been more supportive of professionalism in selecting appellate judges than trial judges. Judicial Selection in the States should be read by anyone seeking a deep understanding of the complex interplay between politics and the judiciary at the state level in the United States.

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.

This book is a must-read guide for students thinking of studying law and, indeed, for anyone interested in the law. Author Chris Stoakes - known for his ability to make complex subjects simple - approaches the law in a new and compelling way, explaining the basic legal principles but marrying them up with the practice of law, explaining the different areas of specialisation, types of law firm, how they are organised and what it is like being a lawyer. Throughout, he draws on his unique career in and around the law, as a City solicitor, a partner in a law firm, a legal journalist and editor, a law teacher, a tutor on an MBA for lawyers and a management consultant who has advised law firms and in-house legal departments.

There are shelves of memoirs about overcoming the death of a parent, childhood abuse, rape, drug addiction, miscarriage, alcoholism, hustling, gangbanging, near-death injuries, drug dealing, prostitution, or homelessness.
Cupcake Brown survived all these things before she'd even turned twenty.
And that's when things got interesting....

You have in your hands the strange, heart-wrenching, and exhilarating tale of a woman named Cupcake. It begins as the story of a girl orphaned twice over, once by the death of her mother and then again by a child welfare system that separated her from her stepfather and put her into the hands of an epically sadistic foster parent. But there comes a point in her preteen years--maybe it's the night she first tries to run away and is exposed to drugs, alcohol, and sex all at once--when Cupcake's story shifts from a tear-jerking tragedy to a dark comic blues opera. As Cupcake's troubles grow, so do her voice and spirit. Her gut-punch sense of humor and eye for the absurd, along with her outsized will, carry her through a fateful series of events that could easily have left her dead.
Young Cupcake learned to survive by turning tricks, downing hard liquor, partying like a rock star, and ingesting every drug she could find while hitchhiking up and down the California coast. She stumbled into gangbanging, drug dealing, hustling, prostitution, theft, and, eventually, the best scam of all: a series of 9-to-5 jobs. But Cupcake's unlikely tour through the cubicle world was paralleled by a quickening descent into the nightmare of crack cocaine use, till she eventually found herself living behind a Dumpster.
Astonishingly, she turned it around. With the help of a cobbled together family of eccentric fellow addicts and "angels"--a series of friends and strangers who came to her aid at pivotalmoments--she slowly transformed her life from the inside out.
"A Piece of Cake" is unlike any memoir you'll ever read. Moving and almost transgressive in its frankness, it is a relentlessly gripping tale of a resilient spirit who took on the worst of contem-porary urban life and survived it with a furious wit and unyielding determination. Cupcake Brown is a dynamic and utterly original storyteller who will guide you on the most satisfying, startlingly funny, and genuinely affecting tour through hell you'll ever take.

"When it came time for me to talk," I wasn't sure which parts of my past to tell, which to keep secret, and which to pretend never happened. Uncle Jr. had already seen the welts on my back, so he wasn't too surprised when I told them about some of the physical abuse I endured at Diane's. Everyone else hit the roof, except Daddy. He got really quiet and started balling and unballing his fists.
I continued my update. Experience had taught me that adults have trouble accepting the idea of children having sex. I decided that from then on, that part of my life never happened. I picked up the story by telling them about Fly, the Gangstas, and getting shot.
I was dying for a cigarette. So it seemed a good time to announce that I smoked cigarettes--and weed.
After a moment Sam looked at me, smiled, and handed me one of her Marlboros. I preferred menthols, but beggars can't be choosers. I kicked back, took a long drag, and closed my eyes.
Daddy and Jr. were silent. They seemed a bit shocked and unsure about how to respond.
"Well, Cup," Jr. said, "it's a little too late to be trying to raise you now. But those cigarettes will kill you. And weed will only lead you to stronger drugs."
He didn't know how right he was. But for me, it was too late to be worrying about stronger drugs--the only worrying I did was whether I could find a connection to get some. So I just smiled, nodded, and took another hit off my cigarette.
The eerie quiet returned.
--from A Piece of Cake

Also available as a Random House AudioBook and eBook.

"From the Hardcover edition."

Key Directions in Legal Education identifies and explores key contemporary and emerging themes that are significant and heavily debated within legal education from both UK and international perspectives. It provides a rich comparative dialogue and insights into the current and future directions of legal education. The book discusses in detail topics including the pressures on law schools exerted by external stakeholders, the fostering of interdisciplinary approaches and collaboration within legal education and the evolution of discourses around teaching and learning legal skills. It elaborates on the continuing development of clinical legal education as a component of the law degree and the emergence and use of innovative technologies within law teaching. The approach of pairing UK and international authors to obtain comparative insights and analysis on a range of key themes is original and provides both a genuine comparative dialogue and a clear international focus. This book will be of great interest for researchers, academics and post-graduate students in the field of law and legal pedagogy.

The topic of corporate personhood has captured the attention of many who are concerned about the increasing presence, power, and influence of corporations in modern society. Recent Supreme Court cases like Citizens United, Hobby Lobby, and Masterpiece Cakeshop - which solidified the free speech and religious liberty rights of corporations and their owners - have heightened the controversy over treating corporations as persons under the law. What does it mean to say that the corporation is a person, and why does it matter? In Corporate Personhood, Susanna Kim Ripken addresses these questions and highlights the complexity of the corporate personhood concept. Using a broad, interdisciplinary framework - incorporating law, economics, philosophy, sociology, psychology, organizational theory, political science, and linguistics - this highly original work explores the complex, multidimensional nature of corporate personhood and its implications for corporate rights and duties.

In his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration. He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people's legal entitlements and to confer evenhanded legal justice. Judges try to achieve the control of reason in law, which is manifest in law's coherence, and to avoid forms of arbitrariness, such as personal moral judgment. Sargentich offers a unified theory of the diverse ways of doing law, and shows that they all arise from the same root, which is a commitment to liberal legality.

Outside the United States, Norway's 1814 constitution is the oldest still in force. Constitutional judicial review has been a part of Norwegian court decision-making for most of these 200 years. Since the 1990s, Norway has also exercised review under the European Convention of Human Rights (ECHR). Judicial review of legislation can be controversial: having unelected judges overruling popularly elected majorities seems undemocratic. Yet Norway remains one of the most democratic countries in the world. How does Norway manage the balance between democracy and judicial oversight? Author Anine Kierulf tells the story of Norwegian constitutionalism from 1814 until today through the lens of judicial review debates and cases. This study adds important insights into the social and political justifications for an active judicial review component in a constitutional democracy. Anine Kierulf argues that the Norwegian model of judicial review provides a useful perspective on the dichotomy of American and European constitutionalism.

Many of the significant developments of our era have resulted from advances in technology, including the design of large-scale systems; advances in medicine, manufacturing, and artificial intelligence; the role of social media in influencing behaviour and toppling governments; and the surge of online transactions that are replacing human face-to-face interactions. These advances have given rise to new kinds of ethical concerns around the uses (and misuses) of technology. This collection of essays by prominent academics and technology leaders covers important ethical questions arising in modern industry, offering guidance on how to approach these dilemmas. Chapters discuss what we can learn from the ethical lapses of #MeToo, Volkswagen, and Cambridge Analytica, and highlight the common need across all applications for sound decision-making and understanding the implications for stakeholders. Technologists and general readers with no formal ethics training and specialists exploring technological applications to the field of ethics will benefit from this overview.

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.

Lawyers' Skills helps students develop the legal skills required for successful practice in the modern solicitor's firm. The book equips students with a solid understanding of the theory and concepts underpinning the key skills areas of legal writing and drafting, interviewing and advising, practical legal research, and advocacy. Guidance is also provided on a range of other professional skills which should be mastered before going into practice, including effective time management, negotiation, and email etiquette. The inclusion of realistic examples from practice, tasks, and reflective exercises emphasizes the interactive nature of skills as a subject and encourages students to develop, practise, and refine their legal skills. Chapter summaries, diagrams, and self-test questions are also featured throughout and provide additional learning support to students. The text is essential reading for all LPC students and is also a useful source of reference for newly-qualified practitioners. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - Access to a digital version of this book comes with every purchase to enable a more flexible learning experience - 12 month's access to this title on Oxford Learning Link will be available from 15 July 2022. Access must be redeemed by 1 August 2024. - The online resources for students include a selection of realistic sample documentation designed to highlight legal writing and drafting in action across a range of legal documents, and references to further reading for those wishing to delve deeper into the subject area. - For lecturers a test bank of multiple choice questions is available to registered adopters and can be used to assess students' understanding of topics covered in the book.

Antonin Scalia was one of the most important, outspoken, and controversial Justices in the past century. His endorsements of originalism, which requires deciding cases as they would have been decided in 1789, and textualism, which limits judges in what they could consider in interpreting text, caused major changes in the way the Supreme Court decides cases. He was a leader in opposing abortion, the right to die, affirmative action, and mandated equality for gays and lesbians, and was for virtually untrammelled gun rights, political expenditures, and the imposition of the death penalty. However, he usually followed where his doctrine would take him, leading him to write many liberal opinions. A close friend of Scalia, David Dorsen explains the flawed judicial philosophy of one of the most important Supreme Court Justices of the past century.

Retired judge Rosemary Riddell shares her reminiscences of life on the bench, complete with its humour, frustrations and poignant moments. A unique glimpse into a world most of us can only imagine, her story is a fascinating commentary on New Zealand life from the point of view of a woman involved in the top levels of our justice system.

Problems regarding the nature of consent are at the heart of many of today's most pressing issues. For example, the #MeToo movement has underscored the need to move beyond viewing consent as a simple matter of yes or no. Consent is complex because humans and their relationships are complicated. Humans, as a result of cognitive limitations and emotional and physical vulnerabilities, are susceptible to manipulation and mistakes. Given the potential for regret, are there some things to which one should not be permitted to consent? The consentability quandary becomes more urgent with technological advances. Should we allow body hacking? Cryonics? Consumer travel to Mars? Assisted suicide? In Consentability: Consent and Its Limits, Nancy S. Kim proposes a bold, original framework for evaluating consentability, which considers the complexities surrounding consent.

Law is best interpreted in the context of the traditions and cultures that have shaped its development, implementation, and acceptance. However, these can never be assessed truly objectively: individual interpreters of legal theory need to reflect on how their own experiences create the framework within which they understand legal concepts. Theory is not separate from practice, but one kind of practice. It is rooted in the world, even if it is not grounded by it. In this highly original volume, Allan C. Hutchinson takes up the challenge of self-reflection about how his upbringing, education, and scholarship contributed to his legal insights and analysis. Through this honest examination of key episodes in his own life and work, Hutchinson produces unique interpretations of fundamental legal concepts. This book is required reading for every lawyer or legal scholar who wants to analyse critically where he or she stands when they practice and study law.

International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.

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.