This book analyses the key skills that a lawyer needs to handle a case effectively, a topic that is not covered coherently in any other book. At a time of rapid and wide-ranging change in the delivery of legal services, the current edition involves a complete reworking of the last edition to take into account the implications of the implementation of the Jackson Review, and to see effective litigation clearly in the context of concerns about funding, case management by the court, costs, and the growing use of alternative dispute resolution. The book has a strong focus on the needs of the legal practitioner, the decisions to be taken at each stage of a case, and the criteria to apply in making those decisions. This is all securely based in references to relevant Civil Procedure Rules and decided cases, with checklists and commentary to assist in the project management of a case. The book also focuses on the skills a lawyer needs to work effectively. This includes skills in dealing with a client, drafting legal documents, and presenting a case in court. Throughout the work the emphasis is on demonstrating how to use law effectively, how to develop a case, and how to present persuasive arguments. Lawyers operate in an increasingly complex environment, faced with challenges in funding a case, in managing a case to avoid sanctions, and in using complex rules to best effect. The author addresses the use of legal knowledge and skills within this rapidly changing context, bearing in mind not least that the pace of change is likely to continue with the developing use of IT, and the widening use of alternative business structures. In putting together skills and law in a fully up-to-date context, A Practical Approach to Effective Litigation brings together the sound knowledge of the law and the legal skills an experienced litigator will use to get the best results for clients in a real-world context. It will be of use to anyone in the early years of legal practice, experienced solicitors who have had limited involvement with civil litigation, and those training to be a barrister or solicitor.

Dueling Discourses offers qualitative and quantitative analyses of the linguistic and discursive forms utilized by opposing lawyers in their closing arguments during criminal trials. Laura Felton Rosulek analyzes how these arguments construct contrasting representations of the same realities, applying the insights and methodologies of critical discourse analysis and systemic functional linguistics to a corpus of arguments from seventeen trials. Her analysis suggests that silencing (omitting relevant information), de-emphasizing (giving information comparatively less attention and focus), and emphasizing (giving information comparatively more attention and focus) are the key communicative devices that lawyers rely on to create their summations. Through these processes, lawyers' lexical, syntactic, thematic, and discursive patterns, both within individual narratives and across whole arguments, function together to create versions of reality that reflect each individual lawyer's goals and biases. The first detailed analysis of closing arguments, this book will significantly improve our understanding of courtroom discourse. Furthermore, as previous research on all genres of discourse has examined exclusion/inclusion and de-emphasis/emphasis as separate issues rather than as steps on a continuum, this book will advance the field of discourse analysis by establishing the ubiquity of these phenomena.

More than 700 concise biographies of leading figures in the history of American law, from the colonial era to the present day This book is the first to gather in a single volume concise biographies of the most eminent men and women in the history of American law. Encompassing a wide range of individuals who have devised, replenished, expounded, and explained law, The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law. Casting a wide net, editor Roger K. Newman includes individuals from around the country, from colonial times to the present, encompassing the spectrum of ideologies from left-wing to right, and including a diversity of racial, ethnic, and religious groups. Entries are devoted to the living and dead, the famous and infamous, many who upheld the law and some who broke it. Supreme Court justices, private practice lawyers, presidents, professors, journalists, philosophers, novelists, prosecutors, and others-the individuals in the volume are as diverse as the nation itself. Entries written by close to 600 expert contributors outline basic biographical facts on their subjects, offer well-chosen anecdotes and incidents to reveal accomplishments, and include brief bibliographies. Readers will turn to this dictionary as an authoritative and useful resource, but they will also discover a volume that delights and entertains. Listed in The Yale Biographical Dictionary of American Law: John Ashcroft Robert H. Bork Bill Clinton Ruth Bader Ginsburg Patrick Henry J. Edgar Hoover James Madison Thurgood Marshall Sandra Day O'Connor Janet Reno Franklin D. Roosevelt Julius and Ethel Rosenberg John T. Scopes O. J. Simpson Alexis de Tocqueville Scott Turow And more than 700 others

Ethics in Public Administration: Understanding Ethics, Corruption, and Public Policy provides students with a timely and valuable collection of articles, essays, and case studies regarding ethical challenges, expectations, and opportunities in public administration. The collection begins with an introduction to the foundations of ethics in public administration and explores the definition and meaning of ethics as a concept. In later chapters, students read about the relationship between ethics and the law, as well as the delicate interplay between ethics, public service, public careers, and Constitutional practice. Additional sections of the anthology examine corruption in government and the ethical dimensions of decision making. Each chapter presents readers with an ethical dilemma to spark critical thought and self-reflection, an introduction to the featured readings, and a case study to demonstrate the real-world implications of topics addressed within the chapter. Providing valuable insight into complex contemporary issues, Ethics in Public Administration is an ideal resource for courses in public administration.

Whether in football or in the law, Illinois Supreme Court Justice Robert Thomas has always had the "best view from the bench." Bob Thomas got his start in football at the University of Notre Dame, kicking for the famed "Fighting Irish" in the early 1970s. Claimed off waivers by the Chicago Bears in 1975, Thomas helped to take the franchise from their darkest days to their brightest. Yet, on the cusp of the team's greatest moment, he was struck with a shocking blow that challenged his fortitude. In this dramatic retelling of Bob Thomas's fascinating life, renowned sports writer Doug Feldmann shows how neither football nor the law was part of Thomas's dreams while growing up the son of Italian immigrants in Rochester, New York, in the 1960s. Chasing excellence on both the gridiron and in the courtroom, however, would require resilience in ways he could not have imagined. As A View from Two Benches shows us, Bob Thomas reached the top of two separate and distinct professions, guided by a bedrock of faith that has impacted his decisions and actions as both a football player and a judge, helping him navigate the peaks and valleys of life. As Doug Feldmann reveals, Bob Thomas has always stayed true to the values he learned in his earliest days. Doug Feldmann's rich biography of an accomplished kicker and a proud justice of the law shows us that determination and resilience go a long way to a successful and impactful life.

Employability Skills for Law Students is designed to help you: * identify the academic, practical and transferable skills that can be developed whilst studying for a law degree; * recognise the value of those skills to employers (within both law and non-law professions); * identify any gaps in your skills portfolio; * maximise opportunities to develop new skills through participation in a range of activities; * effectively demonstrate your skills to potential employers; * improve your employability prospects on graduation from university. Whether you are in your first year or your last, this book will ensure you make the most of your time at university, developing skills inside and outside the lecture theatre, so that you are in the best possible position to pursue your chosen career on graduation - as a solicitor, barrister, or a completely different profession. An interactive Online Resource Centre provides a range practical activities designed to give you opportunities to practise and receive feedback upon the skills you are developing.

This ground-breaking book offers a practitioner-oriented overview of professional standards in all aspects of policing. With a radical, scenario-based approach, featuring both the extraordinary and the seemingly mundane, it aims to capture some of the complexities and interpretations that form the basis of such professional standards in policing today. Awareness of professional ethics has become not only a central requirement of officers seeking promotion to the senior ranks, but also a necessity within the training framework of UK policing, so the editors have brought together contributions from both practitioners and academics in order stimulate debate and present contrasting views. Split into five parts, each begins with a realistic scenario posing a distinctive dilemma, not just ethical but also legal and political. Ranging from community policing and the use of intelligence to problems arising from the conduct of superiors, the scenarios invite the reader to place themselves in the midst of an acute policing dilemma and asks how they would navigate an appropriate path through it to a desirable end. As the reader considers such questions, contributions from police officers both in the UK and abroad, as well as academics connected to the policing world, offer personal and professional responses to the situation at hand - resulting in wildly differing but no less important opinions. Finally, each of the five parts concludes with commentary from the editors which, rather than offer solutions, seeks to frame both the scenario and response within a more neutral setting. Equally, and perhaps understandably, these commentaries also throw into sharp relief the plethora of opinions and perspectives that have yet to be addressed. Professional Police Practice represents a considered but innovative evaluation of the nature of professional standards within policing, using common, everyday dilemmas that any police officer would recognise. By drawing on a range of opinions, from different areas of policing and different jurisdictions, the editors hope to inspire a degree of reflection and self-examination in anyone, either within policing or connected to it, as they consider the dilemma and their own response to it, and challenge them to recognise similar difficulties in their own operational roles.

All individuals face stress in their daily lives, but this is often particularly true for those who enforce the law, administer justice, or are forced into the legal system. Uncontrolled strain can result in negative behaviors, burnout, risk-taking, and physical and psychological symptoms ranging from colds to depression and suicide. This, in turn, can have a dramatic impact on the functioning of the legal system as a whole. On the other hand, contact with the legal system has the potential to promote wellbeing for many individuals, such as victims who feel that justice has been served and jurors and judges who feel they have helped preserve the integrity of the legal system. Stress, Trauma, and Wellbeing in the Legal System presents theory, research, and scholarship from a variety of social scientific disciplines and offers suggestions for those interested in exploring and improving the wellbeing of those who are voluntarily (police, probation officers, civil plaintiffs, lawyers, judges, court staff) or involuntarily (jurors, criminal defendants, witnesses, children, the elderly) drawn into the legal system. This comprehensive volume is an invaluable resource for those intersested in protecting the wellbeing of individuals in the legal system, particularly criminal justice professionals, judges, attorneys, forensic psychologists, psychiatrists, social workers, researchers in psychology, criminology, and sociology, and students in each of these areas.

A history of legal emotions in William Blackstone's England and their relationship to justice William Blackstone's masterpiece, Commentaries on the Laws of England (1765-1769), famously took the "ungodly jumble" of English law and transformed it into an elegant and easily transportable four-volume summary. Soon after publication, the work became an international monument not only to English law, but to universal English concepts of justice and what Blackstone called "the immutable laws of good and evil." Most legal historians regard the Commentaries as a brilliant application of Enlightenment reasoning to English legal history. Loving Justice contends that Blackstone's work extends beyond making sense of English law to invoke emotions such as desire, disgust, sadness, embarrassment, terror, tenderness, and happiness. By enlisting an affective aesthetics to represent English law as just, Blackstone created an evocative poetics of justice whose influence persists across the Western world. In doing so, he encouraged readers to feel as much as reason their way to justice. Ultimately, Temple argues that the Commentaries offers a complex map of our affective relationship to juridical culture, one that illuminates both individual and communal understandings of our search for justice, and is crucial for understanding both justice and injustice today.

How Judges Decide Cases is a unique and practical guide which looks at how cases are decided and judgments are written. It examines the style and language of judges expressing judicial opinion and considers the drive for rational justice. The book is founded upon independent research in the form of interviews conducted with judges at every level, from deputy district judges to justices of the Supreme Court, and the practical application of academic material more usually devoted to the structure and analysis of wider prose writing. This new edition has been revised to take into account modern scientific thinking on bias in decision-making and is generic to all areas of contentious law. Newly appointed recorders, deputy judges, tribunal chairman, lay magistrates and arbitrators as well as experienced practitioners will find it invaluable as a guide to the deconstruction of judgments for the purpose of appeal.

The Association of Southeast Asian Nations (ASEAN) is actively seeking ways for member countries to enhance their individual economic development within the context of overall regional advancement. Central to this is the creation of a regional intellectual property framework. This book examines the efforts to move beyond sovereign protections of intellectual property rights and establish meaningful inter-state cooperation on intellectual property issues. Rather than aim for IP harmonization, ASEAN recognizes its internal diversity and pursues an agenda of 'IP Interoperability'. The essays in this collection examine the unique dynamics of 'interoperability', analyzing the administration of intellectual property in a part of the world that is of increasing importance. The book enables the reader to compare and contrast the ASEAN model to other approaches in regional cooperation, such as Europe and Latin America, and also explores private international law as a potential vehicle for interoperability.

For more than a decade, American lawyers have bewailed the ethical crisis in their profession, wringing their hands about its bad image. But their response has been limited to spending money on public relations, mandating education, and endlessly revising ethical rules. In Lawyers in the Dock, Richard L. Abel argues that these measures will do little or nothing to solve the problems illustrated by the six disciplinary case studies featured in this book unless the legal monopoly enjoyed by attorneys in the U.S. is drastically contracted.
Richard Abel examines some of the most common ethical complaints made about lawyers in Lawyers in the Dock. Using detailed records of disciplinary proceedings, he describes the actions surrounding certain cases based on three of the most common complaints: neglecting the client by failing to pursue cases diligently; overcharging of clients by mystifying billing practices; and betraying adversaries and courts out of excessive loyalty to clients or causes. Richard Abel argues that these measures will do little or nothing to solve the problems exposed by his six disciplinary case studies unless structural changes are made to the legal monopoly in order to restore the public trust in lawyers. Lawyers in the Dock is essential reading for lawyers, law students, and potential clients who wish to restore trust and professional responsibility in the legal profession.

In this compelling volume in the What Everyone Needs to Know(r) series, Paul Waldau expertly navigates the many heated debates surrounding the complex and controversial animal rights movement.
Organized around a series of probing questions, this timely resource offers the most complete, even-handed survey of the animal rights movement available. The book covers the full spectrum of issues, beginning with a clear, highly instructive definition of animal rights. Waldau looks at the different concerns surrounding companion animals, wild animals, research animals, work animals, and animals used for food, provides a no-nonsense assessment of the treatment of animals, and addresses the philosophical and legal arguments that form the basis of animal rights. Along the way, readers will gain insight into the history of animal protection-as well as the political and social realities facing animals today-and become familiar with a range of hot-button topics, from animal cognition and autonomy, to attempts to balance animal cruelty versus utility. Chronicled here are many key figures and organizations responsible for moving the animal rights movement forward, as well as legislation and public policy that have been carried out around the world in the name of animal rights and animal protection. The final chapter of this indispensable volume looks ahead to the future of animal rights, and delivers an animal protection mandate for citizens, scientists, governments, and other stakeholders.
With its multidisciplinary, non-ideological focus and all-inclusive coverage, Animal Rights represents the definitive survey of the animal rights movement-one that will engage every reader and student of animal rights, animal law, and environmental ethics.
What Everyone Needs to Know(r) is a registered trademark of Oxford University Press

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.

Hong Kong is one of the very few places in the world where the common law can be practiced in a language other than English. Introduced into the courtroom over a decade ago, Cantonese has significantly altered the everyday working of the common law in China's most Westernized city. In "The Common Law in Two Voices," Ng explores how English and Cantonese respectively reinforce and undermine the practice of legal formalism.
This first-ever ethnographic study of Hong Kong's unique legal system in the midst of social and political transition, this book provides important insights into the social nature of language and the work of institutions. Ng contends that the dilemma of legal bilingualism in Hong Kong is emblematic of the inherent tensions of postcolonial Hong Kong. Through the legal dramas presented in the book, readers will get a fresh look at the former British colony that is now searching for its identity within a powerful China.

Working Virtue is the first substantial collective study of virtue theory and contemporary moral problems. Leading figures in ethical theory and applied ethics discuss topics in bioethics, professional ethics, ethics of the family, law, interpersonal ethics, and the emotions.
Virtue ethics is centrally concerned with character traits or virtues and vices such as courage (cowardice), kindness (heartlessness), and generosity (stinginess). These character traits must be looked to in any attempt to understand which particular actions are right or wrong and how we ought to live our lives. As a theoretical approach, virtue ethics has made an impressive comeback in relatively recent history, both posing an alternative to, and, in some ways, complementing well-known theoretical stances such as utilitarianism and deontology. Yet there is still very little material available that presents virtue-ethical approaches to practical contemporary moral problems, such as what we owe distant strangers, our parents, or even non-human animals. This book fills the gap by dealing with these and other pressing moral problems in a clear and theoretically nuanced manner.
The contributors offer a variety of perspectives, including pluralistic, eudaimonistic, care-theoretical, Chinese, comparative, and stoic. This variety allows the reader to appreciate not only the wide range of topics for which a virtue-ethical approach may be fitting, but also the distinctive ways in which such an approach may be manifested.

This book answers two basic but under-appreciated questions: first, how does the American criminal justice system address a defendant's family status? And, second, how should a defendant's family status be recognized, if at all, in a criminal justice system situated within a liberal democracy committed to egalitarian principles of non-discrimination? After surveying the variety of "family ties benefits" and "family ties burdens" in our criminal justice system, the authors explain why policymakers and courts should view with caution and indeed skepticism any attempt to distribute these benefits or burdens based on one's family status. This is a controversial stance, but Markel, Collins, and Leib argue that in many circumstances there are simply too many costs to the criminal justice system when it gives special treatment based on one's family ties or responsibilities.
Privilege or Punish breaks new ground by offering an important synthetic view of the intersection between crime, punishment, and the family. Although in recent years scholars have been successful in analyzing the indirect effects of certain criminal justice policies and practices on the family, few have recognized the panoply of laws (whether statutory or common law-based) expressly drawn to privilege or disadvantage persons based on family status alone. It is critically necessary to pause and think through how and why our laws intentionally target one's family status and how the underlying goals of such a choice might better be served in some cases. This book begins that vitally important conversation with an array of innovative policy recommendations that should be of interest to anyone interested in the improvement of our criminal justice system.

Fair Governance: The Enforcement of Morals is a study of legal interference with individual preferences and will canvass the interdisciplinary literature in economics, psychology, philosophy, and law. It discusses the particular conditions necessary for the state to legally interfere with our freedom of choice, whether it be to either satisfy our individual pursuit of happiness (perfectionism) or to prevent us from making immoral choices (paternalism). Relatively few philosophers know much of the parallel literature on this central problem of ethics; while many legal scholars are acquainted with the psychological literature on judgment biases, they are frequently unfamiliar with the philosophical literature on perfectionism. Francis H. Buckley carefully links these two notions of state power with recent empirical literature on judgment biases and happiness studies and surveys the literature, arguing for a nuanced form of social perfectionism, one which seeks to promote the kind of liberal nationalism found in the United States.

Maria Isabel Medina's chronicle of Loyola University New Orleans College of Law examines the prominent Jesuit institution across its hundred-year history, from its founding in 1914 through the first decade of the twenty-first century. With a mission to make the legal profession attainable to Catholics, and other working-class persons, Loyola's law school endured the hardships of two world wars, the Great Depression, the tumult of the civil rights era, and the aftermath of Hurricane Katrina to emerge as a leader in legal education in the state. Exploring the history of the college within a larger examination of the legal profession in New Orleans and throughout Louisiana, Medina provides details on Loyola's practical and egalitarian approach to education. As a result of the school's principled focus, Loyola was the first law school in the state to offer a law school clinic, develop a comprehensive program of legal-skills training, and to voluntarily integrate African Americans into the student body. The transformative milestones of Loyola University New Orleans College of Law parallel pivotal points in the history of the Crescent City, demonstrating how local culture and environment can contribute to the longevity of an academic institution and making Loyola University New Orleans College of Law a valuable contribution to the study of legal education.

Great poker players are master tacticians. Not only do they calculate odds with lightning speed and astonishing precision, but they also cunningly anticipate and manipulate the actions of their adversaries. In short, they boast skills that every lawyer can envy. This highly entertaining work might best be summed up as "better lawyering through poker." Steven Lubet shows exactly how the tactics of the poker table can be adapted to litigation, negotiation, and virtually every aspect of law practice. In a series of engaging and informative lessons, Lubet describes concepts like "betting for value," "slow playing," and "reverse bluffing," and explains how they can be used by lawyers to win their cases. The best card players, like the best lawyers, have a knack for getting their adversaries to react exactly as they want, and that talent separates the winners from the losers. Lawyers' Poker is an irresistible guide to successful lawyering and an enjoyable read for anyone with an interest in law. No poker knowledge required.

A rare and evocative memoir of a respected constitutional scholar, dedicated public servant, political reformer, and facilitator of peace in the land of his ancestors. John D. Feerick's life has all the elements of a modern Horatio Alger story: the poor boy who achieves success by dint of his hard work. But Feerick brought other elements to that classic American success story: his deep religious faith, his integrity, and his paramount concern for social justice. In his memoir, That Further Shore, Feerick shares his inspiring story, from his humble beginnings: born to immigrant parents in the South Bronx, going on to practice law, participating in framing the U.S. Constitution's Twenty-Fifth Amendment, serving as dean of Fordham Law, and serving as President of the New York City Bar Association and chair of state commissions on government integrity. Beginning with Feerick's ancestry and early life experiences, including a detailed genealogical description of Feerick's Irish ancestors in County Mayo and his laborious quest to identify them and their relationships with one another, the book then presents an evocative survey of the now-vanished world of a working-class Irish Catholic neighborhood in the South Bronx. Feerick's account of how he financed his education from elementary school through law school is a moving tribute to the immigrant work ethic that he inherited from his parents and shared with many young Americans of his generation. The book then traces Feerick's career as a lawyer and how he gave up a lucrative partnership in a prestigious New York City law firm at an early age to accept the office of Dean of the Fordham School of Law at a fraction of his previous income because he felt it was time to give back something to the world. John Feerick has consistently shown his commitment to the law as a vocation as well as a profession by his efforts to protect the rights of the poor, to enable minorities to achieve their rightful places in American society, and to combat political corruption. That Further Shore is an inspiring memoir of how one humble and decent man helped to make America a more just and equitable society.