The transition from undergraduate study to postgraduate study in law has traditionally been somewhat seamless: students are typically enculturated into the discipline of law, and have engaged in a variety of writing and research exercises throughout their undergraduate degree. However, the nature of legal research is changing dramatically, with more emphasis being put on how we are researching, rather than what we are researching. Undergraduate students are increasingly engaging in primary research as part of their degree, and typically borrow from other disciplines to do so. The reason for this is that, to date, there has been little importance placed on research methods in law. This book aims to rectify this in a manner which is suitable for students, not only in Ireland but internationally. Legal Research Methods: Principles and Practicalities is tailored to the needs of researchers in examining varying methodological approaches from a practical perspective. In addition to the principal approaches now commonly used in legal research (the doctrinal method; the socio-legal method; the historical method; and the comparative method) issues such as participatory and community-based research, as well as empirical methods, are examined by leading experts in their fields in a critical but clear manner. The book outlines the various types of methodologies, with authors drawing on their own experiences and expertise to examine the benefits and pitfalls involved in each method. This allows the reader to determine the usefulness of any method to their own research, and aids them in employing these methods and avoiding any pitfalls. [Subject: Legal Research Methods]A?A?A?A?

Hardly known twenty years ago, exclusion from public space has today become a standard tool of state intervention. Every year, tens of thousands of homeless individuals, drug addicts, teenagers, protesters and others are banned from parts of public space. The rise of exclusion measures is characteristic of two broader developments that have profoundly transformed public space in recent years: the privatisation of public space, and its increased control in the 'security society'. Despite the fundamental problems it raises, exclusion from public space has received hardly any attention from legal scholars. This book addresses this gap and comprehensively explores the implications that this new form of intervention has for the constitutional essentials of liberal democracy: the rule of law, fundamental rights, and democracy. To do so, it analyses legal developments in three liberal democracies that have been at the forefront of promoting exclusion measures: the United Kingdom, the United States, and Switzerland.

Die Broschure mochte fur alle zuganglich sein und wurde daher be-wusst einfach geschrieben. Sie erhebt keinen Anspruch darauf, alle Besonderheiten samtlicher muslimischer Staaten aufzuzeigen; sie mochte lediglich auf die haufigsten Probleme in vielen dieser Lander aufmerksam machen. Interessierte Personen konnen sich an das Zentrum fur arabisches und islamisches Recht (www.sami-aldeeb.com) wenden fur weitere Auskunfte betreffend des Landes des moslemischen Partners. Am Ende der Broschure befindet sich ein Muster-Ehevertrag in sechs Sprachen: Franzosisch, Deutsch, Italienisch, Englisch, Spanisch und Arabisch. Der Autor Sami A. Abu-Aldeeb Sahlieh. Christ palastinensischer Abstammung. Schweizer Staatsburger. Doktor der Rechte. Befahigung zur Leitung von Forschungsarbeiten (HDR). Professor der Universitaten (CNU-Frankreich). Verantwortlicher fur arabisches und islamisches Recht am Schweizerischen Institut fur Rechtsvergleichung (1980-2009). Gastprofessor an verschiedenen Universitaten in Frankreich, Italien und der Schweiz. Direktor des Zentrums fur arabisches und islamisches Recht. Autor zahlreicher Bucher und Ubersetzer des Korans auf Franzosisch, Italienisch und Englisch.

Along with used car dealers and telemarketers, lawyers are considered to be among the least trustworthy of all professionals. If lawyers want more respect, they will have to earn it by reframing their ethical responsibilities. In an original approach to law's moral dilemma, legal theorist Allan C. Hutchinson takes seriously the idea that 'litigation is war'. By drawing an extended analogy with the theory of ethical warfare, he examines the most difficult questions facing practicing lawyers today. Comparing the role of military officers to legal professionals and theories of just peace to legal settlement, Hutchinson outlines a boldly original approach to legal ethics. Fighting Fair's recommendation for a more substantive, honor-based approach to ethics will be a thought-provoking tool for anyone concerned about the moral standing of the legal profession.

Along with used car dealers and telemarketers, lawyers are considered to be among the least trustworthy of all professionals. If lawyers want more respect, they will have to earn it by reframing their ethical responsibilities. In an original approach to law's moral dilemma, legal theorist Allan C. Hutchinson takes seriously the idea that 'litigation is war'. By drawing an extended analogy with the theory of ethical warfare, he examines the most difficult questions facing practicing lawyers today. Comparing the role of military officers to legal professionals and theories of just peace to legal settlement, Hutchinson outlines a boldly original approach to legal ethics. Fighting Fair's recommendation for a more substantive, honor-based approach to ethics will be a thought-provoking tool for anyone concerned about the moral standing of the legal profession.

Este libro contiene una completa vision de la abogacia en estos momentos de cambio, dando respuesta a los interrogantes mas esenciales y elementales, a los mas complejos y mas curiosos: Que es un abogado? Cual es su futuro? Como se ejerce actualmente la profesion? Por que los abogados tienen tan mala fama? Para que sirve la toga? Por que el secreto profesional? Quienes son los abogados 2.0 o los abogados TIC? Y los abogados de empresa? Como es y debe ser la relacion con clientes, jueces y colegas? Como afrontar una vista oral? Como confeccionar un buen interrogatorio? Como abordar el informe oral ante los tribunales? Que es una demanda, una denuncia o una querella, y en que se diferencian? Y un procurador?, que es un procurador y cuales sus funciones? Como se gestiona un despacho? Como se confecciona una minuta? Quien es quien en la oficina judicial? Cual es la funcion del Colegio?... Todas las respuestas las encontrara el lector aqui junto a una idea clara de que es la abogacia, que ha sido y posiblemente que llegue a ser. La mejor orientacion para todo estudiante de Derecho en trance de decidir su futuro. Porque dara aqui con los elementos imprescindibles para una cabal decision sobre si le interesa o no, si se puede o no y en que condiciones, ejercer hoy una de las mas hermosas y antiguas profesiones que, a pesar de los radicales cambios que nos toca vivir, "sigue abordando lo esencial de su objeto (citando a Antonio Hernandez Gil) en terminos sensiblemente similares a como podia plantearse hace siglos."

This is the story of fifty years of legal battles in North Carolina, as experienced by one of the most successful lawyers in the state. It conveys a story of strong local attachment, unwavering political faith, and long and successful service at the bar.
Originally published in 1950.
A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

This book is about the role of lawyers in constructing a just society. Its central objective is to provide a deeper understanding of the relationship between lawyers' commercial aims and public aspirations. Drawing on interdisciplinary and comparative perspectives, it explores whether lawyers can transcend self-interest to meaningfully contribute to systems of political accountability, ethical advocacy and distributional fairness. Its contributors, some of the world's leading scholars of the legal profession, offer evidence that although justice is possible, it is never complete. Ultimately, how much - and what type of - justice prevails depends on how lawyers respond to, and reshape, the political and economic conditions in which they practise. As the essays demonstrate, the possibility of justice is diminished as lawyers pursue self-regulation in the service of power; it is enhanced when lawyers mobilize - in the political arena, workplace and law school - to contest it.

New to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in the text and on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on 'The European Dimension' reflecting the changes brought about by the Human Rights Act 1998.

Advocacy, first published in 2007, explains how to win cases in court. Focusing on the techniques and methods of successful advocates, David Ross QC shows how to prepare a case for court. Writing in simple, clear language he gives the benefit of his many years of local and international experience. This second edition features new advice about how to prepare for, and run, an appeal, as well as how to write effective submissions to court. It also describes: * how to hold a court's attention * how to start and stop a witness * how to cross-examine all types of people, from liars to experts * the methods of taking objections to questions * how to address a jury * how to follow etiquette and behave ethically * how to win impossible cases All the principles of advocacy are explained, from the striking start to knowledge of human affairs, and Advocacy is rich with examples taken from real cases.

The Art of Argument guides readers through the process of developing, defending and presenting a compelling argument. Primarily aimed at students who are about to undertake or participate in an international mooting competition, The Art of Argument explains in a step-by-step process what to do when you first get the moot problem, how to begin researching the subject matter, the emotional highs and lows, why practice makes perfect, how to handle yourself at the competition, and most importantly to have fun. Through the process of mooting you learn how to construct analytical arguments, to present your point logically and soundly and to consider and address the queries and concerns of your opponent and the Moot Master. For a law student there is no greater skill than constructing a logical and compelling argument.

First published in hardback in April 2003, this is the first book that directly addresses the cultural history of the legal profession. An international team of scholars canvasses wide-ranging issues concerning the culture of the legal profession and the wider cultural significance of lawyers, including consideration of the relation to cultural processes of state formation and colonisation. The essays describe and analyse significant aspects of the cultural history of the legal profession in England, Canada, Australia, France, Germany, Italy, Sweden, Switzerland, Norway and Finland. The book seeks to understand the complex ways in which lawyers were imaginatively and institutionally constructed, and their larger cultural significance. It illustrates both the diversity and the potential of a cultural approach to lawyers in history. 'Wesley Pue and David Sugarman have produced a fascinating volume of essays written from various perspectives under the rubric of cultural histories. I...want to present a sense of the richness of the essays in this volume. Lawyers and Vampires is a very provocative volume, and it will appeal to many political scientists who are using multiple methods and multidisciplinary approaches in their own work.' Laura J. Hatcher, The Law and Politics Book Review, November 2003

Historians have long recognized that members of the lower branch of the legal profession, the ancestors of the modern solicitors, played an important part in early modern English society, but difficulties in establishing their identities and recovering their career patterns have hitherto left them virtually unstudied. This work charts the massive sixteenth-century increase in central court litigation and offers an explanation of it largely in terms of social change and the decline of local jurisdictions. At the same time, it argues that the period witnessed a major turning point in the relationship between the legal profession and English society. The number of practitioners in the lower branch who were associated with the legal institutions of London grew to such an extent that by 1640 the ratio of lawyers to population was not much different from that in the early twentieth century. Although this tremendous growth in the amount of legal business and the number of legal practitioners created some serious administrative problems, the commonly held view that the lower branch in this period was largely untrained, dishonest, and uncontrolled is no more than a myth.

"Diversity" has become a mantra within discussions of university admissions policies and many other arenas of American society. In the essays collected here, Sanford Levinson, a leading scholar of constitutional law and American government, wrestles with various notions of diversity. He begins by explaining why he finds the concept to be almost useless as a genuine guide to public policy. Discussing affirmative action in university admissions, including the now famous University of Michigan Law School case, he argues both that there may be good reasons to use preferences-including race and ethnicity-and that these reasons have relatively little to do with any cogently developed theory of diversity. Distinguished by Levinson's characteristic open-mindedness and willingness to tease out the full implications of various claims, each of these nine essays, written over the past decade, develops a case study focusing on a particular aspect of public life in a richly diverse, and sometimes bitterly divided, society.Although most discussions of diversity have focused on race and ethnicity, Levinson is particularly interested in religious diversity and its implications. Why, he asks, do arguments for racial and ethnic diversity not also counsel a concern to achieve religious diversity within a student body? He considers the propriety of judges drawing on their religious views in making legal decisions and the kinds of questions Senators should feel free to ask nominees to the federal judiciary who have proclaimed the importance of their religion in structuring their own lives. In exploring the sense in which Sandy Koufax can be said to be a "Jewish baseball player," he engages in broad reflections on professional identity. He asks whether it is desirable, or even possible, to subordinate merely "personal" aspects of one's identity-religion, political viewpoints, gender-to the impersonal demands of the professional role. Wrestling with Diversity is a powerful interrogation of the assumptions and contradictions underlying public life in a multicultural world.

Anglo-American private law has been a far more complex phenomenon than has been usually recognized. Attempts to reduce it to a single explanatory principle, or to a precisely classified or categorized map, scheme, or diagram, are liable to distort the past by omitting or marginalizing material inconsistent with proposed principles or schemes. This study will be of importance to all who are interested in property, tort, contract, unjust enrichment, legal reasoning, legal method, the history of the common law, and the relation between legal theory and legal history.

Negotiating on Behalf of Others offers a framework for understanding the complexity and effects of negotiating on behalf of others and explores how current negotiation theory can be modified to account for negotiation agents. Negotiation agents are broadly defined to include legislators, diplomats, salespersons, sports agents, attorneys, and committee chairs?anyone who represents others in a negotiation. Five major negotiation arenas are examined in depth: labor-management relations, international diplomacy, sports agents, legislative process, and agency law. The book concludes with suggestions for future research and specific advice for practitioners. Chapter authors and commentators are leading figures in the field of negotiation. Negotiating on Behalf of Others is a must read for professional negotiators, graduate students, and scholars in the areas of business, public policy, law, international relations, sports, and economics. Negotiating on Behalf of Others is the result of the first of a series of seminars conducted by the faculty of the Program on Negotiation at Harvard on ?complicating factors? in negotiations. The first of these complicating factors selected for study was the effect of the presence of an agent on the negotiating process.

Many companies that have become household names have avoided billions in taxes by 'parking' their valuable intellectual property (IP) assets in holding companies located in tax-favored jurisdictions. In the United States, for example, many domestic companies have moved their IP to tax-favored states such as Delaware or Nevada, while multinational companies have done the same by setting up foreign subsidiaries in Ireland, Singapore, Switzerland, and the Netherlands. In this illuminating work, tax scholar Jeffrey A. Maine teams up with IP expert Xuan-Thao Nguyen to explain how the use of these IP holding companies has become economically unjustified and socially unacceptable, and how numerous calls for change have been made. This book should be read by anyone interested in how corporations - including Gore-Tex, Victoria's Secret, Sherwin-Williams, Toys-R-Us, Apple, Microsoft, and Uber - have avoided tax liability with IP holding companies and how different constituencies are working to stop them.