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Books > Law > Jurisprudence & general issues > Legal skills & practice
In 1877, the American Humane Society was formed as the national organization for animal and child protection. Thirty years later, there were 354 anticruelty organizations chartered in the United States, nearly 200 of which were similarly invested in the welfare of both humans and animals. In The Rights of the Defenseless, Susan J. Pearson seeks to understand the institutional, cultural, legal, and political significance of the perceived bond between these two kinds of helpless creatures, and the attempts made to protect them. Unlike many of today's humane organizations, those Pearson follows were delegated police powers to make arrests and bring cases of cruelty to animals and children before local magistrates. Those whom they prosecuted were subject to fines, jail time, and the removal of either animal or child from their possession. Pearson explores the limits of and motivation behind this power and argues that while these reformers claimed nothing more than sympathy with the helpless and a desire to protect their rights, they turned "cruelty" into a social problem, stretched government resources, and expanded the state through private associations. The first book to explore these dual organizations and their storied history, The Rights of the Defenseless will appeal broadly to reform-minded historians and social theorists alike.
Providing public access to educational material from schools and universities, research and teaching is viewed politically as a means of survival for industrialized countries that have few natural resources, like Germany. The author examined the conditions that provide for success in research and teaching by means of a legal comparison of the copyright laws in Germany and Sweden.
In this book, 78 leading attorneys in California and New York describe how they evaluate, negotiate and resolve litigation cases. Selected for their demonstrated skill in predicting trial outcomes and knowing when cases should be settled or taken to trial, these attorneys identify the key factors in case evaluation and share successful strategies in pre-trial discovery, negotiation, mediation, and trials. Integrating law and psychology, the book shows how skilled attorneys mentally frame cases, understand jurors' perspectives, develop persuasive themes and arguments and achieve exceptional results for clients.
While there is significant interest in knowledge management as it applies to legal environments, there are very few books specifically focused on this topic. In Effective Knowledge Management for Law Firms, Matthew Parsons expertly fills this gap by drawing on his work with a leading commercial law firm, Mallesons Stephen Jaques. He examines how law firms can implement a knowledge strategy to support their business strategy, rather than getting beguiled by fad and technology. Parsons first outlines the terrain, including what knowledge management means, the business and economics of law firms, and how lawyers work as knowledge workers. Then he introduces a methodology for creating and implementing law firm knowledge strategy, which brings together for the first time the interrelated aspects of recruiting, training, research, document production, information management and digital knowledge strategy. Parsons goes beyond theories to provide detailed, practical help for the analysis, implementation, and measurement of performance-increasing initiatives. This book will be an invaluable resource for all those involved with the management and leadership of law firms and knowledge management initiatives.
This book by Roger W. Shuy, the senior figure in forensic linguistics, is the first to explain in an accessible way the vital role that linguistic evidence and its proper analysis play in criminal investigations. Shuy provides compelling case studies of how language functions in investigations involving, among others, wired undercover operatives, and the interrogation of suspects. He makes the point that language evidence can be as important as physical evidence, but yet does not enjoy the same degree of scrutiny by investigators, attorneys, and the courts. Beyond this, however, his more controversial thesis is that police frequently misuse or manipulate language, using various powerful controversial strategies, in order to intentionally create an impression of the targets' guilt or even to get them to confess. attorneys, law enforcement officers, judges, and juries This book makes its case by analyzing a dozen criminal cases involving a variety of crimes, such as fraud, bribery, stolen property, murder, and others. About half involve co-operating witnesses who do the tape recording, and the other half undercover police officers. These cases demonstrate how undercover operatives use different conversational strategies, such as overlapping conversation, ambiguity, interruption, refusing to take "no" for an answer, and others to create a negative impression of the targets on later listeners. Creating Language Crimes provides a fascinating window into a little-known and discussed facet of law enforcement. It will appeal to anyone concerned with language (particularly sociolinguists and discourse analysts), as well as to those involved in law enforcement and criminal cases. the appearance of such crime is created, law enforcement has not reached its evidentiary goal. Eleven conversational strategies were used in the twelve actual criminal cases described in this book.
The criminal justice process is dependent on accurate documentation. Criminal justice professionals can spend 50-75 percent of their time writing administrative and research reports. The information provided in these reports is crucial to the functioning of our system of justice. Report Writing for Criminal Justice Professionals, Sixth Edition, provides practical guidance-with specific writing samples and guidelines-for providing strong reports. Most law enforcement, security, corrections, and probation and parole officers have not had adequate training in how to provide well-written, accurate, brief, and complete reports. Report Writing for Criminal Justice Professionals covers everything officers need to learn-from basic English grammar to the difficult but often-ignored problem of creating documentation that will hold up in court. This new edition includes updates to reference materials and citations, as well as further supporting examples and new procedures in digital and electronic report writing.
More and more frequently linguists are being called upon to consult with lawyers and to testify at trials. The field known as "forensic linguistics" is growing rapidly as linguists analyze spoken and written language evidence in both civil and criminal cases. Roger W. Shuy is a prominent linguist who has applied linguistics to the area of law for over thirty-five years. His book is a practical, how-to guide for both beginning and established linguists who have been called upon in this capacity and who may want to start their own consulting practice. Step by step, the book deals with issues of how linguists first become and then represent themselves as experts, how they can start and manage the practice of consulting on law cases, how they can address important issues of professional ethics, how they can work most effectively with lawyers, useful strategies for writing reports and affidavits, and how to participate successfully in depositions, direct examinations and cross examinations at trial. Professor Shuy also suggests ways that linguists can use their forensic linguistic experiences in their publications and classroom teaching, concluding with suggestions of some recent books that forensic linguists may need for their personal libraries. Both American and British legal systems are covered. Any linguist who is involved professionally in a legal action will find this volume an essential resource.
According to masculinities theory, masculinity is not a biological imperative but a social construction. Men engage in a constant struggle with other men to prove their masculinity. Masculinities and the Law develops a multidimensional approach. It sees categories of identity--including various forms of raced, classed, and sex-oriented masculinities--as operating simultaneously and creating different effects in different contexts. By applying multidimensional masculinities theory to law, this cutting-edge collection both expands the field of masculinities and develops new thinking about important issues in feminist and critical race theories. The topics covered include how norms of masculinity influence the behavior of policemen, firefighters, and international soldiers on television and in the real world; employment discrimination against masculine cocktail waitresses and all transgendered employees; the legal treatment of fathers in the U.S. and the ways unauthorized migrant fathers use the dangers of border crossing to boost their masculine esteem; how Title IX fails to curtail the masculinity of sport; the racist assumptions behind the prison rape debate; the surprising roots of homophobia in Jamaican dancehall music; and the contradictions of the legal debate over women veiling in Turkey. Ultimately, the book argues that multidimensional masculinities theory can change how law is interpreted and applied.
In Point Taken, Ross Guberman delves into the work of the best judicial opinion-writers and offers a step-by-step method based on practical and provocative examples. Featuring numerous cases and opinions from 35 prolific judges - from Learned Hand to Antonin Scalia - Point Taken, explores what it takes to turn "great judicial writing" into "great writing". Guberman provides a system for crafting effective and efficient openings to set the stage, covering the pros and cons of whether to resolve legal issues up front and whether to sacrifice taut syllogistic openings in the name of richness and nuance. Guberman offers strategies for pruning clutter, adding background, emphasizing key points, adopting a narrative voice, and guiding the reader through visual cues. The structure and flow of the legal analysis is targeted through a host of techniques for organizing the discussion at the macro level, using headings, marshaling authorities, including or avoiding footnotes, and finessing transitions. Guberman shares his style "Must Haves", a bounty of edits at the word and sentence level that add punch and interest, and that make opinions more vivid, varied, confident, and enjoyable. He also outlines his style "Nice to Haves", metaphors, similes, examples, analogies, allusions, and rhetorical figures. Finally, he addresses the thorny problem of dissents, extracting the best practices for dissents based on facts, doctrine, or policy. The appendix provides a helpful checklist of practice pointers along with biographies of the 35 featured judges.
Classical, rhetorical techniques can enhance the persuasiveness of Supreme Court opinions by making their language clear, lively, and memorable. This book focuses on three techniques, "invention" (creation of arguments), "arrangement" (organization), and "style" (word choice) in the work of Oliver Wendell Holmes, Jr., Robert Jackson, Hugo Black, William Brennan, and Antonin Scalia, respectively. The justices featured here contributed to the Court's rhetorical legacy in different ways, but all five rejected the magisterial opinion style of the eighteenth and nineteenth centuries in favor of a more personal and conversational format. Because of this, their opinions have endured, at least in part, and while modern speakers may not recall the authors, they understand and embrace the ideas expressed in their legal writings and continue to apply it to current debates. This book can be used by practicing lawyers as well as academics not only to study legal writing techniques but also as a tool to improve their own.
The legal profession needs more than law. Whether you are a student, a law school, a university, a law firm or an in-house legal team, The Legal Team of the Future is the definitive guide to understanding and building the holistic skills required of those working in legal services now and in the future. Highlighting the importance of multidisciplinary teams working collaboratively to solve legal problems, the book introduces a ‘Law+’ model for the profession, comprising sixteen skills across four quadrants: Law+People, Law+Business, Law+Change and Law+Technology. As well as outlining each of the skills, the book explains how to build those skills as an individual, a law firm, an in-house team, a university or a law school. Designed for both lawyers and business professionals working in law, The Legal Team of the Future dispels the myth that the ‘lawyer of the future’ is solely responsible for the future of the profession, instead focusing on diverse individuals working within their own specializations. The Law+ model is more than an academic theory, containing real-world examples and case studies and devised by an expert in legal innovation who is still working in the field on a daily basis. This book is the guide you need to navigate the future of the legal profession and to stay ahead of the pack in delivering legal services to clients.
The New Billable Hour is a practical guide for lawyers to gain control of their time, work, and life. In today's demanding world, lawyers must learn how to increase productivity so that they can competently bill more hours, while still having a personal life. Lawyer and productivity consultant, Ritu Goswamy presents her unique system where lawyers learn: How to have more hours in the day to bill clients How to bill more hours in less time How to take back control of their time How to transform hours into wealth How to balance the priorities in their life Goswamy's guide teaches lawyers how to bill more hours in less time by turning the traditional billable hour on its head. By following her steps and billing themselves one "new" billable hour per day, lawyers have more capacity to focus on their work, increase their billable time, and make more money.
With Point Made, legal writing expert, Ross Guberman, throws a life preserver to attorneys, who are under more pressure than ever to produce compelling prose. What is the strongest opening for a motion or brief? How to draft winning headings? How to tell a persuasive story when the record is dry and dense? The answers are "more science than art," says Guberman, who has analyzed stellar arguments by distinguished attorneys to develop step-by-step instructions for achieving the results you want. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers, including Barack Obama, John Roberts, Elena Kagan, Ted Olson, and David Boies. Their strategies, demystified and broken down into specific, learnable techniques, become a detailed writing guide full of practical models. In FCC v. Fox, for example, Kathleen Sullivan conjures the potentially dangerous, unintended consequences of finding for the other side (the "Why Should I Care?" technique). Arguing against allowing the FCC to continue fining broadcasters that let the "F-word" slip out, she highlights the chilling effect these fines have on America's radio and TV stations, "discouraging live programming altogether, with attendant loss to valuable and vibrant programming that has long been part of American culture." Each chapter of Point Made focuses on a typically tough challenge, providing a strategic roadmap and practical tips along with annotated examples of how prominent attorneys have resolved that challenge in varied trial and appellate briefs. Short examples and explanations with engaging titles-"Brass Tacks," "Talk to Yourself," "Russian Doll"-deliver weighty materials with a light tone, making the guidelines easy to remember and apply. In addition to all-new examples from the original 50 advocates, this Second Edition introduces eight new superstar lawyers from Solicitor General Don Verrilli, Deanne Maynard, Larry Robbins, and Lisa Blatt to Joshua Rosencranz, Texas Senator Ted Cruz, Judy Clarke, and Sri Srinvasan, now a D.C. Circuit Judge. Ross Guberman also provides provocative new examples from the Affordable Care Act wars, the same-sex marriage fight, and many other recent high-profile cases. Considerably more commentary on the examples is included, along with dozens of style and grammar tips interspersed throughout. Also, for those who seek to improve their advocacy skills and for those who simply need a step-by-step guide to making a good brief better, the book concludes with an all-new set of 50 writing challenges corresponding to the 50 techniques.
Prosecuted But Not Silenced is a powerful documentary about a mother and daughter's tragic involvement with the judicial system when there were allegations of child sexual abuse-a human rights and civil rights issue for women and children. It is an important educational tool for judges, lawyers, social workers, therapists, politicians, and the general public so that people realize what still occurs today. A National Health Crisis, Maralee's story reveals the last taboo and a crime that needs the public's attention, and emphasizes the need for training in the dynamics of maltreatment so that no more mothers have to suffer what happened to Maralee and her daughter.
Law students, law professors, and lawyers frequently refer to the process of "thinking like a lawyer," but attempts to analyze in any systematic way what is meant by that phrase are rare. In his classic book, Kenneth J. Vandevelde defines this elusive phrase and identifies the techniques involved in thinking like a lawyer. Unlike most legal writings, which are plagued by difficult, virtually incomprehensible language, this book is accessible and clearly written and will help students, professionals, and general readers gain important insight into this well-developed and valuable way of thinking. Updated for a new generation of lawyers, the second edition features a new chapter on contemporary perspectives on legal reasoning. A useful new appendix serves as a survival guide for current and prospective law students and describes how to apply the techniques in the book to excel in law school.
The field of artificial intelligence (AI) and the law is on the cusp of a revolution that began with text analytic programs like IBM's Watson and Debater and the open-source information management architectures on which they are based. Today, new legal applications are beginning to appear and this book - designed to explain computational processes to non-programmers - describes how they will change the practice of law, specifically by connecting computational models of legal reasoning directly with legal text, generating arguments for and against particular outcomes, predicting outcomes and explaining these predictions with reasons that legal professionals will be able to evaluate for themselves. These legal applications will support conceptual legal information retrieval and allow cognitive computing, enabling a collaboration between humans and computers in which each does what it can do best. Anyone interested in how AI is changing the practice of law should read this illuminating work.
Flint, Michigan's water crisis, the New Jersey "Bridgegate" scandal, Enron: all these incidents are examples of various forms of leadership failure. More specifically, each represents marked failures among leaders with legal training. When we look closer at one profession from which we often draw our political, business, and organizational leaders—the legal profession—we find a deep chasm between what law schools teach and what the world expects. Legal education ignores leadership, sending the next generation of legally-minded leaders into a dynamic world dangerously unprepared. Dangerous Leaders exposes the risks and results of leaving lawyers unprepared to lead. It provides law schools, law students, and the legal profession with the leadership tools and models to build a better foundation of leadership acumen. Anthony C. Thompson draws from his twenty years of experience in global executive education for Fortune 100 companies and his experience as a law professor to chart a path forward for better leadership instruction within the legal academy. Using vivid, real-life case studies, Thompson explores catastrophic political, business, and legal failures that have occurred precisely because of a lapse in leadership from those with legal training. He maintains that these practices are chronic leadership failures that could have been avoided. In examining these patterns of failures, it becomes apparent that legal education has fundamentally misread its task. Thompson proposes a fundamental rethinking of legal education, based upon intersectional leadership, to prepare lawyers to assume the types of roles that our increasingly fast-paced world requires. Intersectional leadership challenges lawyer leaders to see the world through a different lens and expects a form of inclusion and respect for other perspectives and experiences that will prove critical to maneuvering in a complex environment. Dangerous Leaders imparts invaluable tools and lessons to best equip current and future generations of legal leaders.
The seventh edition of Wills, Probate and Estates has been written to provide trainee solicitors with a clear and thorough understanding of current best practice in the area of wills, trusts, probate, and the administration of estates. The manual takes into account all recent changes in legislation. The book outlines the basic elements of a will, familiarising trainees with the common law and statutory background, and enabling them to draft wills and simple trusts in accordance with statute and their clients' informed instructions. It then outlines how to obtain the necessary grant of representation on the death of a client, either with or without a will, and how to administer such an estate, taking into account the various obligations on the personal representative. Wills, Probate and Estates provides succinct and practical advice, provided by solicitors for solicitors, tackling questions of practice and procedure that are of central importance not only for students on the Professional Practice Course, but also to practitioners who deal with any area of wills, trusts, probate, or the administration of estates.
Open publication Attorneys need to function as entrepreneurs from the day they gain admittance to the bar. Yet lawyers do not learn about client acquisition during their studies, even though it is an essential part of their future career. Most attorneys experience client acquisition as time-consuming and complex, as contingent upon talent and chance, as a tedious obligation, or as a form of door-to-door salesmanship. This volume provides a structured system for client acquisition that is subordinate to your firm s objectives."
This collection cuts across conventional disciplinary boundaries to address the roles, responsibilities, and regulation of contemporary lawyers. Contributors address common concerns from diverse perspectives, including philosophy, psychology, economics, political science, and organisational behaviour. Topics include the nature of professions, the structure of practice, the constraints of an adversarial system, the attorney-client relationship, the practical value of moral theory, the role of race and gender, and the public service responsibilities of lawyers and law students.
Advocacy has become a key part of public health degree programs across the country. Many programs have added policy and advocacy courses into curricula in response to new emphases in accreditation requirements, yet few public health textbooks comprehensively cover the advocacy skills that health professionals need to effect change. Be the Change is an affordable introductory resource on public health advocacy, policy, and community organizing for both undergraduate and graduate students within the health and social sciences. Using a conversational and reader-friendly style, the authors draw on their experience as diverse advocates and practitioners in the field to synthesize the purpose, strategies, and tactics used in successful advocacy campaigns in public health. In each chapter, they highlight case studies of actual advocacy campaigns alongside concrete strategic recommendations for implementing change at the local, state, and federal levels. Full of useful stories and advice, Be the Change amplifies the important advocacy work happening around the United States, from traditional health organizations to grassroots community activists, and provides readers with the tools and inspiration to put advocacy into practice every day.
The United Nations estimates that four billion people worldwide live outside the protection of the law. These people can be driven from their land, intimidated by violence, and excluded from society. This book is about community paralegals - sometimes called barefoot lawyers - who demystify law and empower people to advocate for themselves. These paralegals date back to 1950s South Africa and are active today in many countries, but their role has largely been ignored by researchers. Community Paralegals and the Pursuit of Justice is the first book on the subject. Focusing on paralegal movements in six countries, Vivek Maru, Varun Gauri, and their coauthors have collected rich, vivid stories of paralegals helping people to take on injustice, from domestic violence to unlawful mining to denial of wages. From these stories emerges evidence of what works and how. The insights in the book will be of immense value in the global fight for universal justice. This title is also available as Open Access.
The English legal profession, uncharacteristically, was often in the headlines during the 1990s. Reforms initiated by a Conservative Lord Chancellor and extended by his Labour successor transformed traditions, over the vigorous objections of the judiciary, Bar, and Law Society. Rapid market developments enriched some barristers and solicitors while squeezing others. The two professional associations confronted crises in self-regulation and governance. This book mines that tumultuous period for insights into the prospects of professionalism in the 21st century.
Taking a multi-disciplinary perspective, and one grounded in human rights, Unaccompanied young migrants explores in-depth the journeys migrant youths take through the UK legal and care systems. Arriving with little agency, what becomes of these children as they grow and assume new roles and identities, only to risk losing legal protection as they reach eighteen? Through international studies and crucially the voices of the young migrants themselves, the book examines the narratives they present and the frameworks of culture and legislation into which they are placed. It challenges existing policy and questions, from a social justice perspective, what the treatment of this group tells us about our systems and the cultural presuppositions on which they depend. |
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