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Books > Law > Jurisprudence & general issues > Legal profession
Daniel Sperling discusses the legal status of posthumous interests and their possible defeat by actions performed following the death of a person. The author first explores the following questions: Do the dead have interests and/or rights, the defeat of which may constitute harm? What does posthumous harm consist of and when does it occur, if at all? This is followed by a more detailed analysis of three categories of posthumous interests arising in the medico-legal context: the proprietary interest in the body of the deceased, the testamentary interest in determining the disposal of one's body after death and the interest in post-mortem medical confidentiality. Sperling concludes that if we acknowledge the interest in one's symbolic existence and legally protect it, not only do some interests survive a person's death but we should also enjoy a peremptory legal power to shape in advance our symbolic existence after death.
Legal theorists are familiar with John Finnis's book Natural Law and Natural Rights, but usually overlook his interventions in US constitutional debates and his membership of a group of conservative Catholic thinkers, the 'new natural lawyers', led by theologian Germain Grisez. In fact, Finnis has repeatedly advocated conservative positions concerning lesbian and gay rights, contraception and abortion, and his substantive moral theory (as he himself acknowledges) derives from Grisez. Bamforth and Richards provide a detailed explanation of the work of the new natural lawyers within and outside the Catholic Church - the first truly comprehensive explanation available to legal theorists - and criticize Grisez's and Finnis's arguments concerning sexuality and gender. New natural law is, they argue, a theology rather than a secular theory, and one which is unappealing in a modern constitutional democracy. This book will be of interest to legal and political theorists, ethicists, theologians and scholars of religious history.
The last ten years have been a period of extraordinary change for law firms. The rapid growth of corporate law firms and the emergence of global mega-firms such as Clifford Chance, Linklaters, and Freshfields, have strained the traditional partnership model of management. Some managers of law firms are appalled at the creeping 'corporatism' that they fear may result. However a growing number believe that it is time to move on and adopt more contemporary forms of structure and management. Successfully meeting the challenges of this new business environment is vital for the continuing prosperity of law firms. Featuring contributions from both management researchers and legal practitioners, Managing the Modern Law Firm presents the latest insights from Management Studies in an approachable, practical, and relevant manner for lawyers and other professionals involved directly and indirectly with the management of law firms.
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.
Now available in a paperback edition, law and technology guru Richard Susskind, author of bestselling The Future of Law, brings together in one volume eleven significant essays on the application of IT to legal practice and the administration of justice, including key topics such as knowledge management and the impact of electronic commerce and electronic government. This edition includes a new Preface, in which Susskind puts forward his views on the burst of the dotcom bubble, offers an extension to his Grid to cover in-house lawyers, and comments on the next big things in this area: e-learning, document assembly, online dispute resolution, e-mail management, and matter-centric systems.
In this penetrating new book, Deborah L. Rhode goes beyond the commonplace attacks on lawyers to provide the first systematic study of the structural problems confronting the legal profession. A past president of the Association of American Law Schools and senior counsel for the House Judiciary Committee during Clinton's impeachment proceedings, Rhode brings an insider's knowledge to the labyrinthine complexities of how the law works, or fails to work, for most Americans and often for lawyers themselves.
In the updated, fourth edition of this classic text which has been
translated into over a dozen languages, constitutional scholar and
Columbia Law School professor E. Allan Farnsworth provides a clear
explanation of the structure and function of the U.S. legal system
in one handy reference. AnIntroduction to the Legal System of the
United States, Fourth Edition is designed to be a general
introduction to the structure and function of the legal system of
the United States, and is especially useful for those readers who
lack familiarity with fundamental establishments and practices.
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 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.
Legendary Sheriff Irvine Smith QC is one of the most formidable criminal lawyers of his generation. Called to the Bar in 1953, he was involved as Counsel in some of Scotland's biggest cases, including the 'Glasgow Bank Raid', known at the time as 'the crime of the century'. He also defended five capital murder trials before the abolition of the death penalty and knew the full responsibility of trying to keep defendants from the gallows. He later became a Sheriff, quickly building a reputation as a no-nonsense judge with a sharp intellect and a dry and ready wit. He presided over the test case in the Ibrox Disaster. He was also one of the finest after dinner speakers of his generation, especially on the theme of St Andrew and Burns. This talent took him to many venues across the world. Irvine Smith's personal recollections are both frank and entertaining, charting the highs and lows of a remarkable life and career lived to the full.
The extraordinary story of a man who bestrode his era like a colossus, Hugo Black is the first and only comprehensive biography of the Supreme Court Justice of thirty four years, (1886-1971). Once a member of the Ku Klux Klan, Black became one of the most celebrated and important civil libertarians in the history of the United States and the chief twentieth-century proponent of the First Amendment. Newman presents us with the long odyssey of Hugo Black, capturing the man as he was-a brilliant trial lawyer, the investigating senator called by one reporter "a walking encyclopedia with a Southern accent," and the wily politician and astute justice who led the redirection of American law toward the protection of the individual.
This collection of essays commissioned by the SPTL (Society of Public Teachers of Law) brings together the views of leading experts in legal education in a debate about the aims and achievements of legal education on the 20th century, and the challenges which legal education faces on the verge of the 21st century. The themes of this collection are important ones for the future of legal education and the legal professions and they are not by any means confined to the interests of English lawyers. The challenges faced by English law are found in many other countries around the world including Australia, the USA, and parts of the European Union. These essays will therefore be of interest to a world-wide audience of legal educators. The questions raised by some of the contributors are also of wider significance in the debate about the role of universities. Law, like medicine, is frequently regarded as a subject worthy of university education merely because graduates are needed to provide the profession with its new recruits. But English law schools have always maintained a distinctively scholarly mission reflecting a wider liberal commitment to education. As the 20th century draws to a close universities face unprecedented pressures and in the teaching of law the battle lines are now drawn between those who favour, on the one hand, a rigorous intellectual approach to the teaching of law and those, on the other hand, who would see law schools reduced to being feeder institutions for the legal profession. It is the importance of the essays in this volume that they eschew either a simple analysis of the problems facing legal education or the solutions, many of them equally simplistic, which abound in the current climate of discussion. By tackling the issues in a historical, comparative and empirical fashion these essays contribute greatly to a better understanding of the ideals which deserve to be praised in any system of legal education.
"This is an adoring photo history that wonderfully shows Ginsburg in her private life as well as public."--Publishers Weekly On the 25th anniversary of her appointment to the Supreme Court, this unofficial pictorial retrospective celebrates and honors the barrier-breaking achievements of Ruth Bader Ginsburg--the "Notorious RBG." Featuring a foreword by Mimi Leder, award-winning filmmaker and director of the upcoming major motion picture about RBG, On the Basis of Sex, starring Felicity Jones, Armie Hammer, Kathy Bates, Justin Theroux, and Sam Waterston (set to release on Christmas Day, 2018). Not only does Ruth Bader Ginsburg possess one of the greatest legal minds of our time, she has become an admired pop culture icon. In 2018, Ginsburg celebrates her 25th anniversary as a justice of the Supreme Court. With 130 photographs, inspiring quotes, highlights from notable speeches and judicial opinions, and insightful commentary--plus a foreword by Mimi Leder--this gorgeously illustrated book pays tribute to RBG, whose work on behalf of gender equality, and whose unprecedented career itself, indelibly changed American society. The Unstoppable Ruth Bader Ginsburg covers her formative years growing up in Brooklyn; her time at Cornell University and at Harvard and Columbia Law Schools; her marriage and partnership with husband, Marty; her landmark cases; and the prejudice she overcame to reach the pinnacle of her field as the second woman to ascend to the country's highest court. It also highlights the many "firsts" she achieved--including her becoming the first female tenured professor at Columbia Law School and cofounding the first Women's Rights Project for the ACLU--while becoming a true American icon and pop culture sensation celebrated in the award-winning documentary RBG and the 2018 feature film about her origins, On the Basis of Sex.
The law in a modern society is an extremely bulky and complex instrument, with a distracting tendency to become less fixed, less rule-oriented, and more discretionary. An institution made by men for the government of men, the law today can all too readily confuse and dismay us. How and why is so much new law made? By what right does a judge order that a man be sent to gaol? Why is so much law so bad, and why should we, the people, accept the laws made by those who claim the right to govern us? In this lucid, stimulating and completely updated survey, which presupposes no specialist knowledge of the subject, P S Atiyah introduces the reader to a number of fundamental issues about the law, the legal profession, and the adjudicative process. This new edition gives greater emphasis to the effect of membership of the European Community on English law, and gives an expanded account of the European convention on Human Rights with its subsequent effects on English law. Atiyah also looks at the recent controversy over the independence of the judiciary, problems arising from the cost of legal services and legal aid, and the many appalling miscarriages of justice which have disfigured the legal system in the past decade.
A provocative account of how Levinas' ethics can help us understand our relationship with lawEmmanuel Levinas's philosophy of ethics has frequently attracted attention amongst legal scholars, but he remains a divisive and often enigmatic contributor to this field. He has been read within contexts as varied as human rights, private law, refugee law, and on the nature of judicial reasoning. This book explores what might unite such apparently diverse applications of his ideas, and in doing so considers the challenge of law's ethical relationship with the other. In addition to asking how Levinas's ethics can inform legal problems, the book also examines the ways in which the modern legal edifice has a deceptive tendency to close itself off from the ethical experience. In particular, literatures on biopolitics suggest that law is increasingly complicit in reductive determinations of how we understand ourselves and others. Levinas's most penetrating insight might not, therefore, lie in the law's instrumentalisation of his ethics, but instead in the way his ethics trace a human encounter that escapes law.
Introduction to Legal Method and Process, Cases and Materials introduces students to the synthesis of judicial opinion, resolution of statutory issues, and the role of the lawyer, the courts, and the legislature in conflict resolution. This innovative casebook on legal method and process differs from competing books in that it covers civil and criminal topics. It contains a section called Anatomy of a Legal Dispute that puts the following materials in proper perspective, as well as a glossary that has been fully augmented in the fifth edition. A useful teacher's manual accompanies the book.
THE SUNDAY TIMES BESTSELLER SHORTLISTED FOR THE CWA NON-FICTION DAGGER 'Thomas Grant has brought together Hutchinson's greatest legal hits, producing a fascinating episodic cultural history of post-war Britain that chronicles the end of deference and secrecy, and the advent of a more permissive society . . . Grant brings out the essence of each case, and Hutchinson's role, with clarity and wit' Ben Macintyre, The Times 'An excellent book . . . Grant recounts these trials in limpid prose which clarifies obscurities. A delicious flavouring of cool irony, which is so much more effective than hot indignation, covers his treatment of the small mindedness and cheapness behind some prosecutions' Richard Davenport-Hines, Guardian Born in 1915 into the fringes of the Bloomsbury Group, Jeremy Hutchinson went on to become the greatest criminal barrister of the 1960s, '70s and '80s. The cases of that period changed society for ever and Hutchinson's role in them was second to none. In Case Histories, Jeremy Hutchinson's most remarkable trials are examined, each one providing a fascinating look into Britain's post-war social, political and cultural history. Accessibly and entertainingly written, Case Histories provides a definitive account of Jeremy Hutchinson's life and work. From the sex and spying scandals which contributed to Harold Macmillan's resignation in 1963 and the subsequent fall of the Conservative government, to the fight against literary censorship through his defence of Lady Chatterley's Lover and Fanny Hill, Hutchinson was involved in many of the great trials of the period. He defended George Blake, Christine Keeler, Great Train robber Charlie Wilson, Kempton Bunton (the only man successfully to 'steal' a picture from the National Gallery), art 'faker' Tom Keating, and Howard Marks who, in a sensational defence, was acquitted of charges relating to the largest importation of cannabis in British history. He also prevented the suppression of Bernardo Bertolucci's notorious film Last Tango in Paris and did battle with Mary Whitehouse when she prosecuted the director of the play Romans in Britain. Above all else, Jeremy Hutchinson's career, both at the bar and later as a member of the House of Lords, has been one devoted to the preservation of individual liberty and to resisting the incursions of an overbearing state. Case Histories provides entertaining, vivid and revealing insights into what was really going on in those celebrated courtroom dramas that defined an age, as well as painting a picture of a remarkable life. To listen to Jeremy Hutchinson being interviewed by Helena Kennedy on BBC Radio 4's A Law Unto Themselves, please follow the link: http://www.bbc.co.uk/programmes/b04d4cpv You can also listen to him on BBC Radio 4's Desert Island Discs with Kirsty Young: http://www.bbc.co.uk/programmes/b03ddz8m
Karpal Singh is widely regarded as Malaysia's best criminal and constitutional lawyer. His sudden death on 17 April 2014 in a horrific car accident - just a month after he was convicted of sedition in the High Court - shocked and saddened Malaysians to the core and left a deep void in the country's legal and political landscape. Karpal was a fearless advocate for justice and a defender of human rights in South East Asia and has appeared in the Privy Council in London on a number of occasions before such appeals were abandoned by Malaysia. He is renowned for his defence of many people from many nations who have faced the death penalty under Malaysia's Dangerous Drugs Act. In recent years, one of his biggest achievements was his successful defence of former Deputy Prime Minister Anwar Ibrahim on two charges of sodomy in 2012. On the night he died, Karpal was still fighting for Anwar, who had been convicted once again of sodomy, and seeking to reassure him. He told the Opposition leader in a telephone call he would do his best in the prosecution's `fast-tracked' Federal Court of Appeal. Indeed, Karpal had Anwar's files with him in his vehicle when the fateful crash occurred. In this edition with a new foreword by Karpal's son, Gobind Singh Deo, veteran journalist Tim Donoghue completes the biography of Malaysia's tenacious and principled lawyer-politician
The New Lawyer analyzes the profound impact changes in client needs and demands are having on how law is practised. Most legal clients are unwilling or unable to pay for protracted litigation and count on their lawyers to pursue just and expedient resolution. These clients are transforming the role of lawyers, the nature of client service, and the principles of legal practice. In this fully revised edition of the now classic text, Julie Macfarlane outlines how lawyers can meet new expectations by committing to lawyer-client collaboration, conflict resolution advocacy, and revised financial structures so that the legal profession can remain relevant in this rapidly changing environment.
Hermann Cohen (1842-1918) was a leading figure in the Neo-Kantian philosophical movement that dominated European thought before 1918. He is also the inaugural figure for what is meant by "modern Jewish philosophy" in the twentieth and twenty-first centuries. This book explores Cohen's striking claim that ethics is rooted in law - a claim developed in both his philosophical ethics and his philosophy of Judaism, in particular in his writings on "love-of-neighbor," up to and including his well-known Religion of Reason. Dana Hollander proposes that neither Cohen's systematic philosophy nor his "Jewish" philosophy should be seen as the dominant framework for his oeuvre as a whole, but that his understanding of key philosophical questions takes shape in the passages between both corpuses, a trait that could be seen as paradigmatic for modern Jewish philosophy. Ethics Out of Law taps into one of the prime topics of current interest in the field of Jewish philosophy: the nature of Jewish political existence and the changing configurations of "law" that this entails.
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.
The Closing Chapter contains, in Book One, a sequel to Lord
Denning's autobiography, The Family Story. In it he tells with
disarming and touching candour of the circumstances of the
publication and withdrawal of What Next in the Law and of his
decision to retire from the Master of the Rolls. Book Two contains
a fascinating account of some of the leading contentious legal
issues of the day, in which he has played a singular part.
Thinking of becoming a lawyer? Attending law school in Canada? Finally-it's here-the guidebook you've been waiting for. Every year, an estimated 10,000-15,000 people apply to 16 Canadian law schools, vying for just over 2000 coveted spots. The competition is even fiercer when applying for a job as an articling student. Adam Letourneau, B.Sc., B.A., LL.B., a graduate of the University of Alberta Faculty of Law, and former Editor-in-Chief of the Alberta Law Review, reveals many insider tips on how to gain admittance to law school, how to cope and succeed in law school, and most importantly, how to land a coveted job post-graduation. Drawing upon personal experience and the experiences of numerous other Canadian law students, Letourneau shares general insights on the LSAT, applying for law school, study strategies, summer jobs, the articling application process and much more, along with plenty of context-specific information for the Canadian law student. Because the Canadian law school experience is unique, this book is the only full source of relevant information available to prospective and current Canadian law students. Letourneau will save you hours of research, hours of study and tons of stress. Recommended to all students interested in law school, all students applying to law school and to students in all three years of law school. For more information on this book, and for a variety of Canadian law school resources, go to www.canadalawstudent.ca. |
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