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Books > Law > Jurisprudence & general issues > Legal profession
In the last thirty years, the number of lawyers in the United
States and Canada has more than tripled, and today as many women as
men are entering legal practice. The sudden, dramatic increase of
women in the profession would seem to signify a new era of equality
in the legal profession. However, stereotypes about women's
abilities to balance responsibilities at work and home hamper their
upward mobility in this male-dominated field. Battling sexual
discrimination, women in law grapple with long-held assumptions
about parenting, inferring that women eventually abandon their
careers in order to take care of home and children. A large
percentage of women leave the profession dissatisfied and
distressed or seek part-time solutions, and those women who do stay
in practice often find there is a ceiling on their status and
monetary compensation.
The courtroom has been a dramatic setting for larger-than-life figures throughout history, but few have attained the almost mythical status of Clarence Darrow. A legend in his own time, "Variety" called him "America's greatest one-man stage draw." Here was a man whose flair for showmanship went hand in hand with a fierce intellect; a man whose shaky moral compass and staggering conceit collided at all turns with an unrivaled eloquence and an overwhelming compassion for humanity. Darrow had been one of the most revered lawyers in the country, but in 1924 his reputation was still clouded after a narrow escape from a charge of jury tampering in Los Angeles. At the age of sixty-seven he thought his life and career were almost over, until he was offered an impossible assignment--the defense of the teenage "thrill killers" Nathan Leopold and Richard Loeb. Darrow then went on to earn even more international acclaim in two other groundbreaking cases: a classic standoff against William Jennings Bryan in the Scopes Monkey Trial in Tennessee, and the Ossian Sweet murder trial in Detroit. Throughout two crammed and dizzying years, this lion of the court held the Western world in awe as he tackled these three starkly different, history-making cases, each in turn dubbed "the Trial of the Century." But these trials, as important as they were to Darrow, were not the only events that helped rejuvenate him and seal his courtroom legacy. There was also his enduring relationship with Mary Field Parton, his lover and soul mate, a woman whose role toward the end of his career was larger than many have realized. With fascinating new research and discoveries, including her private journals and letters, "The Last Trials of Clarence Darrow" is an intimate and riveting depiction of this American icon, one of the greatest lawyers this country has ever seen.
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.
This Guide is not only easy to navigate, but also simple to understand. It will be welcomed by law professors and novice appellate attorneys all over North Carolina as a thorough, practical instruction manual on how to file or respond to an appeal in accordance with the Rules of Appellate Procedure. Existing texts are designed primarily to be a universal guide on persuasive writing and advocacy but lack specific references to the local requirements and corresponding North Carolina court decisions on this topic. Professor Williams has drawn on her extensive experience and anticipated questions that may be asked by a student or advocate of appellate law. Corresponding case references provide the reader with context. An extra tool is a thorough appendix with superb examples of appellate documents. This book is a must-have for any practicing, studying and/or interested in appellate law!
Judge Mac Swinford was one of the longest-serving federal judges in United States history. During his lengthy tenure in the Kentucky courts, he came to know and appreciate the deep complexity of the law, understanding that it could be solid and fluid, broad and narrow, kind and harsh, changeless yet always evolving. In this service to the state and to the law, he felt that it was often his fellow lawyers who touched and educated him most. Kentucky Lawyer presents the most humorous, enlightening, and poignant moments of a remarkable fifty-year career. Judge Swinford offers a unique Kentucky history, recounting instances of the drama and romance of the Kentucky bar. In "A Kentucky Ghost Story," he takes readers to the banks of Crooked Creek in Harrison County, where the spirit of a wrongfully accused man still affects judicial decisions. "Cost of Love" recalls a trial in Carlisle County in which a scorned lover files suit against her ex-fianc? for breach of promise, claiming ten thousand dollars for a broken heart. Remembering some of Kentucky's most revered and respected jurists, Judge Swinford relates American culture in its most intimate and significant sense, through the acts and expressions of local leaders in the everyday affairs of life. His stories of humble commitment highlight the lives of men such as Henry Clay, Lieutenant Governor Rodes K. Myers, and Senator Joe C.S. Blackburn, who championed unpopular cases and stood on the forefront of government and community affairs. Kentucky Lawyer pays tribute to some of Kentucky's "truly great men," with the hope that legend will preserve them for us in memory. Now back in print, this classic book illuminates the varied work and world of the twentieth-century lawyer with elegance and humor.
An urgent plea for much needed reforms to legal education The period from 2008 to 2018 was a lost decade for American law schools. Employment results were terrible. Applications and enrollment cratered. Revenue dropped precipitously and several law schools closed. Almost all law schools shrank in terms of students, faculty, and staff. A handful of schools even closed. Despite these dismal results, law school tuition outran inflation and student indebtedness exploded, creating a truly toxic brew of higher costs for worse results. The election of Donald Trump in 2016 and the subsequent role of hero-lawyers in the "resistance" has made law school relevant again and applications have increased. However, despite the strong early returns, we still have no idea whether law schools are out of the woods or not. If the Trump Bump is temporary or does not result in steady enrollment increases, more schools will close. But if it does last, we face another danger. We tend to hope that crises bring about a process of creative destruction, where a downturn causes some businesses to fail and other businesses to adapt. And some of the reforms needed at law schools are obvious: tuition fees need to come down, teaching practices need to change, there should be greater regulations on law schools that fail to deliver on employment and bar passage. Ironically, the opposite has happened for law schools: they suffered a harrowing, near-death experience and the survivors look like they're going to exhale gratefully and then go back to doing exactly what led them into the crisis in the first place. The urgency of this book is to convince law school stakeholders (faculty, students, applicants, graduates, and regulators) not to just return to business as usual if the Trump Bump proves to be permanent. We have come too far, through too much, to just shrug our shoulders and move on.
Jose Francisco Torres was born and raised "up the river" above Trinidad, Colorado and his life spanned from the cowboy days of the late 1800s to the technological era of the late 1900s. Despite the security of his home in the rural Spanish community, there was something lacking: opportunity and respect for his people from the outside world. Early on, he conceived the notion that this was wrong, that he and his people deserved better and, as a child, he felt prompted to do something about it. The question became what and how? Discrimination was everywhere and he had neither money nor support to assist him. But with faith and determination, and to the dismay of his parents, he set out to prove it could be done. Refused entry into law school because of his background, he refused to be stopped by the rejection. This chronicle of the hardships, gains, setbacks and wins in the life of this man details what he felt and what he accomplished in his lifelong battle against prejudice and for equality. In the process, he lost his first love, battled a deadly disease, crossed with the Ku Klux Klan, gained a law degree, defended the poor and disadvantaged, married his Crusita and reared three children, took on the political establishment, joined every civic good cause that came his way, and became the Honorable J. Frank Torres, "the only honest judge we ever had " Lois Gerber Franke was born and reared on an eastern Colorado ranch where she learned to ride, rope and shoot. She graduated from the University of Colorado and has completed studies from other institutions. After college she lived and worked at jobs in San Francisco and Washington, D.C. She married Paul, an engineer, and lived at Grand Lake, Colorado where she learned trout fishing. The family then moved to Santa Fe, New Mexico where she did city planning before settling into a career of teaching high school English and Journalism and coaching the table tennis team. Lois has three grown children and is a compulsive reader who likes horses, dogs, puns, cribbage, lilacs and rainy days. This book springs from her friendship with an intrepid and unforgettable neighbor.
This extraordinary expos? of corruption and intrigue in the Nevada
legal profession and judiciary tells the true story of the
Whitehead Case, the longest and most controversial case in the
history of the Nevada Supreme Court. The tale begins with the
efforts by the political enemies of Nevada district court judge
Jerry Carr Whitehead to eliminate him from the bench.
Confidentiality and record keeping are essential aspects of everyday counselling practice. This book introduces you to the law, ethics, guidance and policy relevant to counselling records and confidentiality, using examples from practice to apply this to a wide range of counselling situations and dilemmas. This edition is fully updated to cover recent developments in guidance, professional ethics, policy and law, including new chapters on GDPR and data protection law and online and telephone counselling practice. With an extensive glossary, checklists and useful legal and other resources, this is an essential resource for trainees and practitioners in the helping professions.
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.
No occupation in America supplies a greater proportion of leaders
than law. They obviously lead law firms, but they also sit at the
helm of a vast and diverse array of businesses across America,
including 10 percent of S & P 500 firms. And of course, a
strikingly large percentage of our political leaders are attorneys,
including half the members of Congress. This raises two obvious
questions: why do we look to lawyers to lead, and why do so many of
them prove to be so untrustworthy and unprepared? In Lawyers as
Leaders, eminent law professor Deborah Rhode not only answers these
questions but crafts an essential manual for attorneys who need to
develop better leadership skills. She contends that the legal
profession attracts a large number of individuals with the ambition
and analytic capabilities to be leaders, but often fails to develop
other qualities that are essential to their effectiveness. The
focus of legal education and the reward structure of legal practice
undervalue the interpersonal skills and ethical commitments
necessary for successful leadership. Although some lawyers are
sufficiently gifted to need little reinforcement, Rhode shows that
the vast majority of law school graduates need to develop the
leadership characteristics that she profiles. They know it too.
According to one survey, almost 90 percent of attorneys stated that
their law schools did not teach them leadership skills.
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
Parker and Evans's Inside Lawyers' Ethics provides a practical and engaging introduction to ethical decision-making in legal practice in Australia. Underpinned by four theoretical concepts – adversarial advocacy, responsible lawyering, moral activism and ethics of care – this text analyses legal and professional frameworks, highlighting relevant parts of the Australian Solicitors' Conduct Rules. Case studies and discussion questions offer contemporary, practical examples of the application of ethics. The book also addresses the challenge of ethical action and offers techniques to deal with ethical conflicts.This edition has been comprehensively updated and discusses the implications of advances in legal technology, mental ill-health in the profession and the complexities of government legal practice. A new chapter covers lawyers' ethical obligation to address the legal challenges posed by climate change. Written by an expert author team, Parker and Evans's Inside Lawyers' Ethics empowers readers to identify ethical challenges and resolve them through good decision-making practices.
Spanning two centuries and five Nordic countries, this book questions the view that political lawyers are required for the development of a liberal political regime. It combines cross-disciplinary theory and careful empirical case studies by country experts whose regional insights are brought to bear on wider global contexts. The theory of the legal complex posits that lawyers will not simply mobilize collectively for material self-interest; instead they will organize and struggle for the limited goal of political liberalism. Constituted by a moderate state, core civil rights, and civil society freedoms, political liberalism is presented as a discrete but professionally valued good to which all lawyers can lend their support. Leading scholars claim that when one finds struggles against political repression, politics of the Legal Complex are frequently part of that struggle. One glaring omission in this research program is the Nordic region. This insightful volume provides a comprehensive account of the history and politics of lawyers of the last 200 years in the Nordic countries: Norway, Sweden, Denmark, Finland, and Iceland. Topping most global indexes of core civil rights, these states have been found to contain few to no visible legal complexes. Where previous studies have characterized lawyers as stewards and guardians of the law that seek to preserve its semi-autonomous nature, these legal complexes have emerged in a manner that challenges the standard narrative. This book offers rational choice and structuralist explanations for why and when lawyers mobilise collectively for political liberalism. In each country analysis, authors place lawyers in nineteenth century state transformation and emerging constitutionalism, followed by expanding democracy and the welfare state, the challenge of fascism and world war, the tensions of the Cold War, and the latter-day rights revolutions. These analyses are complemented by a comprehensive comparative introduction, and a concluding reflection on how the theory of the legal complex might be recast, making The Limits of the Legal Complex an invaluable resource for scholars and practitioners alike.
Legal Practice contains a full explanation of the ongoing digital communications revolution and a comprehensive lexicon of legal technology.
Over the past several decades, the number of lawyers in large
cities has doubled, women have entered the bar at an unprecedented
rate, and the scale of firms has greatly expanded. This immense
growth has transformed the nature and social structure of the legal
profession. In the most comprehensive analysis of the urban bar to
date, "Urban Lawyers" presents a compelling portrait of how these
changes continue to shape the field of law today.
This Memoir covers Judge Tebbutt’s career as a radio and television commentator, advocate, judge, judge president of Botswana, businessman (managing director of Syfrets), chairman of the UCT Convocation, charity fund-raiser and public figure. Judge Tebbutt was interviewed on his career by Prof Michael Bruton at Nicolas Ellenbogen’s Orange Theatre recently in front of an appreciative audience who showed interest in the forthcoming Memoir.
Revered as the "People's Attorney," Louis D. Brandeis concluded a distinguished career by serving as an associate justice (1916-1939) of the U.S. Supreme Court. Philippa Strum argues that Brandeis--long recognized as a brilliant legal thinker and defender of traditional civil liberties-was also an important political theorist whose thought has become particularly relevant to the present moment in American politics. Brandeis, Strum shows, was appalled by the suffering and waste of human potential brought on by industrialization, poverty, and a government increasingly out of touch with its citizens. In response, he developed a unique vision of a "worker's democracy" based on an economically independent and well-educated citizenry actively engaged in defining its own political destiny. She also demonstrates that, while Brandeis's thinking formed the basis of Woodrow Wilson's "New Freedom," it went well beyond Wilsonian Progressivism in its call for smaller governmental and economic units such as worker-owned businesses and consumer cooperatives. Brandeis's political thought, Strum suggests, is especially relevant to current debates over how large a role government should play in resolving everything from unemployment and homelessness to the crisis in health care. One of the few justices to support Roosevelt's New Deal policies in the 1930s, he nevertheless consistently criticized concentrated power in government (and in corporations). He agreed that the government should provide its citizens with some sort of "safety net," but at the same time should empower people to find private solutions to their needs. A half century later, Brandeis's political thought has much to offer anyone engaged in the current debates pitting individualists against communitarians and rights advocates against social welfare critics.
On April 7, 1988, Albie Sachs, an activist South African lawyer and a leading member of the ANC, was car-bombed in Maputo, the capital of Mozambique, by agents of South Africa's security forces. His right arm was blown off, and he lost sight in one eye. This intimate and moving account of his recovery traces the gradual recuperation of his broken body and his triumphant reentry into the world, where his dream of soft vengeance was realized with the achievement of democracy in South Africa. This book captures the spirit of a remarkable man: his enormous optimism, his commitment to social justice, and his joyous wonder at the life that surrounds him. A new preface and epilogue reflect on the making of Abby Ginzberg's documentary film titled "Soft Vengeance: Albie Sachs and the New South Africa." (For information about the film, see www.softvengeancefilm.org.)
No occupation in America supplies a greater proportion of leaders than law. They obviously lead law firms, but they also sit at the helm of a vast and diverse array of businesses across America, including 10 percent of S & P 500 firms. And of course, a strikingly large percentage of our political leaders are attorneys, including half the members of Congress. This raises two obvious questions: why do we look to lawyers to lead, and why do so many of them prove to be so untrustworthy and unprepared? In Lawyers as Leaders, eminent law professor Deborah Rhode not only answers these questions but crafts an essential manual for attorneys who need to develop better leadership skills. She contends that the legal profession attracts a large number of individuals with the ambition and analytic capabilities to be leaders, but often fails to develop other qualities that are essential to their effectiveness. The focus of legal education and the reward structure of legal practice undervalue the interpersonal skills and ethical commitments necessary for successful leadership. Although some lawyers are sufficiently gifted to need little reinforcement, Rhode shows that the vast majority of law school graduates need to develop the leadership characteristics that she profiles. They know it too. According to one survey, almost 90 percent of attorneys stated that their law schools did not teach them leadership skills. Given the importance of the topic, it is surprising how little the profession has done to develop leadership skills. The first serious treatment of the subject, Lawyers as Leaders will be essential to law school instructors who teach leadership courses (a growing field) and any attorney who finds him or herself in a management position.
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. |
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