This book concludes a trilogy that began with studies on Dante Alighieri s Sense of Justice (2011) and Adam Smith as Legal Historian (2012) with a work about the French contribution to the intellectual history of the law. It examines the development of the basic principles of law during the Early Modern Era that the German Science Council recently set as a target for legal education."

Judges and legal scholars talk past one another, if they have any conversation at all. Academics couch their criticisms of judicial decisions in theoretical terms, which leads many judges-at the risk of intellectual stagnation-to dismiss most academic discourse as opaque and divorced from reality. In Divergent Paths, Richard Posner turns his attention to this widening gap within the legal profession, reflecting on its causes and consequences and asking what can be done to close or at least narrow it. The shortcomings of academic legal analysis are real, but they cannot disguise the fact that the modern judiciary has several serious deficiencies that academic research and teaching could help to solve or alleviate. In U.S. federal courts, which is the focus of Posner's analysis of the judicial path, judges confront ever more difficult cases, many involving complex and arcane scientific and technological distinctions, yet continue to be wedded to legal traditions sometimes centuries old. Posner asks how legal education can be made less theory-driven and more compatible with the present and future demands of judging and lawyering. Law schools, he points out, have great potential to promote much-needed improvements in the judiciary, but doing so will require significant changes in curriculum, hiring policy, and methods of educating future judges. If law schools start to focus more on practical problems facing the American legal system rather than on debating its theoretical failures, the gulf separating the academy and the judiciary will narrow.

A comprehensive account of legal professional privilege as it applies to corporations covering four major common law jurisdictions: the UK, Australia, Canada and the United States. Higgins provides a practical set of principles to advise practitioners in the large number of areas where there is uncertainty in the law of privilege as it applies to corporate communications. This book will act as an invaluable guide to practitioners and judges trying to ascertain the often fine line between whether a corporate communication is privileged or not. In particular the book provides a concise overview of the law of privilege in the UK, Australia, Canada and the United States, and detailed consideration of: - The definition of the corporate client, which is still unresolved in England following the Court of Appeal's decision in Three Rivers No 5. - The legal advisers covered by the privilege in increasingly competitive legal services markets, including the position of in-house counsel, accountants and multi-disciplinary partnerships. - The key trends in the courts' application of the legal purpose test in connection with advice given by lawyers, and documents and communications made in anticipation of litigation. - The application of the privilege in 'intra-corporate' disputes between the company and shareholders, the company and its directors, as well as disputes between the company and third parties alleging a joint interest in the company's legal advice. - When corporate privilege is waived, including the emerging doctrine of limited waiver endorsed in some jurisdictions, the common-interest privilege exception to waiver, the extent of waiver over communications with experts when a party discloses an expert's report, and the rights of corporations to recover privilege material disclosed unintentionally. - The scope of the crime-fraud or iniquity exception and the procedures for claiming and challenging privilege. In examining these issue practitioners can compare and contrast the case law in their home jurisdictions with the approaches taken in other common law countries, which will be particularly helpful where there is limited domestic authority on point. Higgins addresses questions of principle and practice that are unique to, or commonly arise, in corporate contexts. In addition the book will provide lawyers and law makers with a critical examination of the rationale and scope of privilege, highlighting areas where a strong case can be made for more or less protection for corporate communications, or a redistribution of the benefits and burdens of privilege in intra-corporate disputes. The text is clearly laid out for quick access to information. It is an essential reference tool for practitioners in all fields of civil practice, and for students of Civil Procedure and Evidence.

Gruesome Spectacles tells the sobering history of botched, mismanaged, and painful executions in the U.S. from 1890 to the present. Since the book's initial publication in 2014, the cruel and unusual executions of a number of people on death row, including Clayton Lockett in Oklahoma and Joseph Wood in Arizona, have made headlines and renewed vigorous debate surrounding the death penalty in America. Austin Sarat's book instantly became an essential resource for citizens, scholars, and lawmakers interested in capital punishment—even the Supreme Court, which cited the book in its recent opinion, Glossip v. Gross. Now in paperback, the book includes a new preface outlining the latest twists and turns in the death penalty debate, including the recent galvanization of citizens and leaders alike as recent botched executions have unfolded in the press. Sarat argues that unlike in the past, today's botched executions seem less like inexplicable mishaps and more like the latest symptoms of a death penalty machinery in disarray. Gruesome Spectacles traces the historical evolution of methods of execution, from hanging or firing squad to electrocution to gas and lethal injection. Even though each of these technologies was developed to "perfect" state killing by decreasing the chance of a cruel death, an estimated three percent of all American executions went awry in one way or another. Sarat recounts the gripping and truly gruesome stories of some of these deaths—stories obscured by history and to some extent, the popular press.

This book provides the first comprehensive analysis of globalization's impact on the Brazilian legal profession. Employing original data from nine empirical studies, the book details how Brazil's need to restructure its economy and manage its global relationships contributed to the emergence of a new 'corporate legal sector' - a sector marked by increasingly large and sophisticated law firms and in-house legal departments. This corporate legal sector in turn helped to reshape other parts of the Brazilian legal profession, including legal education, pro bono practices, the regulation of legal services, and the state's legal capacity in international economic law. The book, the second in a series on Globalization, Lawyers, and Emerging Economies, will be of interest to academics, lawyers, and policymakers concerned with the role that a rapidly globalizing legal profession is playing in the development of key emerging economies, and how these countries are integrating into the global market for legal services.

In recent decades, Oliver Wendell Homes has been praised as "the only great American legal thinker" and "the most illustrious figure in the history of American law." In "Law without Values," Albert W. Alschuler paints a much darker picture of Justice Holmes as a distasteful man who, among other things, espoused Social Darwinism, favored eugenics, and as he himself acknowledged, came "devilish near to believing htat might makes right."
Alschuler begins by examinging Holmes's power-focused philosophy and then turns to Holmes the person, describing how the horrors he expereinced in the Civil War would transform his outlook into one of moral skepticism and profoundly color his decisions, both personal and legal. Thus skepticism, Alschuler argues, was at the root of his personal indifference to others, his romanticization of war and struggle, his persistent efforts to substitute powe metaphors for judgments of right and wrong, and his "bad man" concept of law. His pernicious leacy, according to Alschuler, is evident in twentieth-century legal thought, whether one takes an economic or a critical legal approach. Contrary to the perception of many modern lawyers and scholars, Holmes's legacy was not a "revolt against formalism" or against a priori reasoning; it was a revolt against the objective concepts of right and wrong--against values.
Alschuler's thoroughgoing, no-holds-barred debunking of Holmes, together with his scathing critique of contemporary legal scholarship, will be a lightning rod for discussion and debate.

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."

die vom Institut fur Kirchenrecht und rheinische Kirchenrechtsgeschichte an der Rechtswissenschaftlichen Fakultat der Universitat zu Koln betreute Sammlung "Entscheidungen in Kirchensachen seit 1946" bietet die Judikatur staatlicher Gerichte zum allgemeinen Religionsrecht und zum Verhaltnis von Kirche und Staat. Die Sammlung ist die einzige ihrer Art im deutschsprachigen Raum. Sie bildet zugleich ein Dokument der Zeitgeschichte. Ab Band 39 wird die fur die Verhaltnisse in Deutschland relevante Rechtsprechung europaischer Gerichtshofe in die Sammlung einbezogen.?"

The collection of rulings publishes the administration of justice by governmental courts in the Federal Republic of Germany pertaining to the relationship of church and state, and also regarding further problems which are characterized by the relevance of religious concerns.

The collection of rulings publishes the administration of justice by governmental courts in the Federal Republic of Germany pertaining to the relationship of church and state, and also regarding further problems which are characterized by the relevance of religious concerns.

What is a human right? How can we tell whether a proposed human right really is one? How do we establish the content of particular human rights, and how do we resolve conflicts between them? These are pressing questions for philosophers, political theorists, jurisprudents, international lawyers, and activists. James Griffin offers answers in his compelling new investigation of the foundations of human rights.
First, On Human Rights traces the idea of a natural right from its origin in the late Middle Ages, when the rights were seen as deriving from natural laws, through the seventeenth and eighteenth centuries, when the original theological background was progressively dropped and 'natural law' emptied of most of its original meaning. By the end of the Enlightenment, the term "human rights" (droits de l'homme) appeared, marking the purge of the theological background. But the Enlightenment, in putting nothing in its place, left us with an unsatisfactory, incomplete idea of a human right.
Griffin shows how the language of human rights has become debased. There are scarcely any accepted criteria, either in the academic or the public sphere, for correct use of the term. He takes on the task of showing the way towards a determinate concept of human rights, based on their relation to the human status that we all share. He works from certain paradigm cases, such as freedom of expression and freedom of worship, to more disputed cases such as welfare rights--for instance the idea of a human right to health. His goal is a substantive account of human rights--an account with enough content to tell us whether proposed rights really are rights. Griffin emphasizes the practical as well as theoretical urgency of this goal: as the United Nations recognized in 1948 with its Universal Declaration, the idea of human rights has considerable power to improve the lot of humanity around the world.
We can't do without the idea of human rights, and we need to get clear about it. It is our job now--the job of this book--to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.

In the summer of 2008 Kimberley Motley quit her job as a public defender in Milwaukee to join a program that helped train lawyers in war-torn Afghanistan. She was thirty-two at the time, a mother of three who had never travelled outside the United States. Through sheer force of personality, ingenuity and perseverance, Kimberley became the first foreign lawyer to practise in Afghanistan and her work swiftly morphed into a mission - to bring 'justness' to the defenceless and voiceless. She has established herself as an expert on its fledgling criminal justice system, able to pivot between the country's complex legislation and its religious laws in defence of her clients. Her radical approach has seen her successfully represent both Afghans and Westerners, overturning sentences for men and women who've been subject to often appalling miscarriages of justice. Inspiring and fascinating in equal measure, Lawless tells the story of a remarkable woman operating in one of the most dangerous countries in the world.

The Literature of the Law brings together examples of the very best in judicial pronouncements over four centuries and two continents.
Assembled into themes, such as life and death deicisions, freedom of speech and the protection of minorities, they form a fascinating summary of the law's interaction with society. The Literature of the Law also paints an intriguing and sometimes humorous picture of the lawyer's life in and out of court, illustrating with examples some of the different styles of advocacy.
The text is stripped of legal references, which might get in the way of the general reader, and is finished with a number of line illustrations of legal London.

Although international arbitration is a remarkably resilient institution, many unresolved and largely unacknowledged ethical quandaries lurk below the surface. With the expansion of world trade, the pool of parties, counsel, experts and arbitrators has become more numerous and more diverse, such that informal social controls are no longer a sufficient substitute for formal ethical regulation. At the same time, the international arbitration system has veered sharply toward more formal and transparent procedures, meaning that ethical transgressions are bound to become more evident and less tolerable. Despite these clear signals, regulation of various actors in the system-arbitrators, lawyers, experts and arbitral institutions-has not evolved to keep apace of these needs.
Ethics in International Arbitration provides a framework for developing much needed formal ethical rules and a reliable enforcement regime in the international arbitration system. Catherine Rogers accomplishes this goal in three parts. The first Part analyzes the underlying problems caused by the current lack of regulation and reveal how these problems affect modern international arbitration practice. The Second Part proposes a theoretical framework for resolving these conflicts so effective ethical rules can be developed to guide and regulate various participants' conduct, and the third part proposes integrated mechanisms for enforcing ethical rules.

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 collection of essays on legal ethics addresses the subject comparatively, unlike any previous publication in either the UK or the US. Many of the papers originated from rare collaborative empirical research between academic and practising lawyers combining to produce a book that is unique in its concern with the issues that affect all lawyers in common law systems today. These lawyers are naturally apprehensive about the unprecedented investigation, criticism, and attack which they face. They fear for their livelihood and status in the community while sharing the public's sense of unease. Searching for immediate changes that might placate economic deregulators, the press and politicians, is one of the aims of this collection of original essays, many of which are written by people who are, or were, practitioners of law. This is reflected in the types of initiatives which are debated in this volume - to reform adversarial rules of procedure, to introduce mediational alternatives, and to curb systematic biases. The aims of this volume are therefore to reflect some of the key issues, to suggest possible arguments which might lead to solutions, and to provide readers, particularly those involved in practice, with strategies for devising more 'ethical' practices.

Among members of the legal profession and judiciarysional throughout the world, there is a genuine concern with establishing and maintaining high ethical standards. It is not difficult to understand why this should be so. But, in order to ensure that the standards established are the right ones, it is necessary first of all to examine important philosophical and policy issues. Such an examination is the purpose of this book.

Written by a distinguished group of law teachers and practitioners together with senior members of the judiciary, the book has as its underlying themes:

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.