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Books > Law > Jurisprudence & general issues > Legal skills & practice
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.
Erst die elektronische Signatur wird dem E-Commerce zum Durchbruch verhelfen. Dieses Werk setzt sich mit den Akzeptanzproblemen auseinander, die beim Einsatz moderner Technologien fur die vertrauenswurdige elektronische Kommunikation entstehen. Rechtliche Fragen spielen hier eine wichtige Rolle, aber auch Moral und Kultur. Die Situation in diesen Bereichen wird im Buch diskutiert und daraus Handlungsempfehlungen fur den Verbraucher- und Datenschutz, die technische Ausgestaltung sowie den Umgang mit Risiken gegeben. Dies fuhrt zu einem visionaren Modell der Informationsgesellschaft.
In the Commonwealth,the principle of legal professional privilege has been treated as almost sacrosanct and in consequence, derogations from it have been rare. The traditional view is that, despite resulting unfairness, the rule must be absolute in order to achieve its stated goals. This view is challenged here through an examination of the structure of and exceptions to the privilege. Auburn argues that the claims made of the rule in the past have been overstated and that the privilege is more robust than widely assumed. Being dependent on patterns of client behaviour, it can accommodate change, while still fulfilling its essential function. Having examined the theory, structure and main derogations from the privilege, the author asserts that we should be more sceptical of the claims made of the privilege, and in appropriate circumstances should give more weight to the values underlying the disclosure of evidence. This thoughtful analysis presents a new approach to the issue of legal professional privilege. It offers a thorough exploration of the principles underlying the privilege and takes a Commonwealth-wide approach, covering the law in England, Australia, Canada, New Zealand and South Africa, as well as drawing on relevant principles from European and United States law. Contents 1. Conceptual and Historical Introduction Part A: THEORETICAL FOUNDATIONS 2. Emerging Common Law Right 3. Privilege Under the European Convention on Human Rights 4. Confidentiality 5. Disclosure 6. Structure of the Privilege - General Theory 7. Structure of the Privilege - Application PART B: PRACTICAL APPLICATIONS 8. Crime-fraud Exception 9. Criminal Exculpatory Evidence 10. Loss of Privilege Based on Intent and Disclosure [Waiver] 11. Fairness Based Loss of Privilege [Waiver] 12. Indadvertent Disclosure 13. Past and Future Directions
What is the future of civil rights? Like a living thing, discrimination evolves, adapting to its time. As discrimination becomes more individualized, as difference becomes more pronounced, we need a civil rights that is attuned to the way identity is performed today. Outsiders is filled with stories that demand attention, stories of people whose search for identity has cast them to the margins. Their stories reveal that we need to refresh our vision of civil rights. Taking its cue from religious discrimination law, Outsiders proposes two major changes to civil rights law. The first is a right to personality. Identity comes from within. The goal of civil rights law should be to take people as they come, to let each of us determine who we are and how we relate to the world around us. The second change is a shift in how the law responds to discrimination. The critical question driving equality law should be whether there is space to accommodate a person's identity. Accommodations are about respecting difference, not erasing it. Accommodations are a way to bring outsiders in. Outsiders seeks to change the way we think about identity, equality, and discrimination. It argues that difference, not sameness, should be the cornerstone of civil rights. Mixing doctrine and theory, art, and personal narrative, Outsiders proposes a civil rights for everyone. Being different is universal. We are all outsiders.
The term "gender" was first distinguished from "sex" in the 1950s when psychologists began to discuss the idea of "gender roles," behaviors and responsibilities given to people by a society rather than flowing from their biology. Since then, leaders across disciplines have sought to better understand the roles of biology, psychology, and culture on gender. New language has emerged alongside rich scientific inquiry and research. Increased visibility of transgender and nonbinary communities has brought awareness to a range of gender diverse experiences, while legal battles, wage disparities, and health inequities continue to prove gender's relevancy in today's world. In this book, Laura Erickson-Schroth and Benjamin Davis guide readers through the knowns and unknowns of gender, asking questions such as: What is the difference between sex, gender identity, and gender expression? Were ancient societies matriarchal? How different are male and female brains, really? What role does language play in the ways we think about gender? What do we know about sex and gender in non-human species? What are the current frontiers in gender equality? Gender: What Everyone Needs to Know (R) is an easy-to-read guide that takes readers on a much-needed tour of perspectives on gender and identity in the 21st century. The book is written in a question-and-answer format, and Erickson-Schroth and Davis cover topics such as current definitions; the history of gender as concept; the role of biology, psychology, and culture on gender; and gender norms over time and across the globe.
Die Bereitstellung effizienter EDV-Systeme ist fur viele Grossunternehmen wie z.B. Automobilhersteller, Banken und Versicherungen zu einem wichtigen Erfolgsfaktor geworden. Informatik-Management umfasst alle in diesem Zusammenhang notwendigen operativen Aufgabengebiete wie Entwicklung und Wartung, Schulung und Beratung, Planung, Kontrolle und Stabsaufgaben sowie Betrieb von EDV-Systemen. Schwerpunkt des Buches ist die Darstellung der Management-Aspekte dieser Aufgabengebiete, gegliedert in Aufgaben und Ziele, Erfolgsfaktoren, Losungswege und deren Konstruktionsprinzipien, Aufbauorganisation und Methoden fur wirksames Controlling einschliesslich Kennzahlen. Als Randergebnisse werden Informatik-spezifische Arbeitsplatze und deren Anforderungsprofile dargestellt sowie offene Fragen fur die Wissenschaft und fur Hersteller von Informatik-Produkten aufgezeigt."
As defender of both the righteous and the questionable, Alan Dershowitz has become perhaps the most famous and outspoken attorney in the land. Whether or not they agree with his legal tactics, most people would agree that he possesses a powerful and profound sense of justice. In this meditation on his profession, Dershowitz writes about life, law, and the opportunities that young lawyers have to do good and do well at the same time.We live in an age of growing dissatisfaction with law as a career, which ironically comes at a time of unprecedented wealth for many lawyers. Dershowitz addresses this paradox, as well as the uncomfortable reality of working hard for clients who are often without many redeeming qualities. He writes about the lure of money, fame, and power, as well as about the seduction of success. In the process, he conveys some of the "tricks of the trade" that have helped him win cases and become successful at the art and practice of "lawyering."
Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on - and will prompt lawyers to pose fresh questions about - the common law tradition and the nature of judicial decision-making.
Enriching the balance and meaning of life by better understanding stress and creating your own self-care protocol, Bounce shows you how to live life to the fullest. People are naturally drawn to information on how to improve self-care, create a richer circle of friends, develop and maintain a healthy perspective, and, especially now, the importance of seeing "alone-time" not simply as forced isolation but a venue for new personality development. This aids self-awareness and understanding and improves emotional intellect so we don't react but instead pause to reflect and process life as it unfolds. The original edition of Bounce addressed these areas but then came Covid-19, intense political strife, and increased divisiveness within countries, families, communities, and even faith traditions. The need to greet, successfully adjust to, and even benefit from, such unexpected and broad-reaching change, personally threatening challenges, and stress is of even greater importance now. In addition, styles of living which were taken for granted, such as adults going to work and children educated in an actual classroom, were also radically impacted. As a result, adults were also expected to quickly adapt in order to deal with the questions raised by the young about their own security and hoped-for normalcy. With updated information and a new chapter on post-traumatic growth (PTG), the second edition of Bounce is designed to enhance the search for balance and new meaning to live life to the fullest.
Guides you through the study, research and writing skills you need to ace your study of law Get started with using the library; find out what statutory interpretation and judicious precedent are; learn about finding and using case law and legislation; discover how to access and cite books, journals and other sources; take your study international with a guide to sources from Europe and further afield; and sail through your coursework and exams with handy tips for legal writing and research.
If you're involved in drafting or amending legislation in the Commonwealth, the EU or beyond, you need a guide that will help you with both the traditional and modern techniques of drafting good quality statutory law. Thornton's Legislative Drafting is recognised as the leading professional title in this area, used and referred to by legal officers and drafters internationally. Completely refreshed and updated, the new sixth edition includes full coverage of contemporary drafting developments and advances. Fully updated and alongside the detailed, learned and professional guidance and examples of best, and bad, practice, the new 6th edition includes new chapters on: - Legislation as a Tool for Regulation - Transposition of EU Legislation - Pre- and post-legislative scrutiny: the lifecycle of legislation Thornton's Legislative Drafting helps the reader to: - Identify the aim of legislation as one of the regulatory tools - Align their concept of legislative quality with that of effectiveness of legislation - Use effectiveness as the criterion for resolving drafting dilemmas - Apply the effectiveness doctrine to all aspects of legislative drafting - Earn exposure to examples of best and bad practice drawn from a plethora of jurisdictions - Earn awareness of best practice in aspects of legislative drafting worldwide - Understand the "why" behind legislative conventions, thus becoming equipped with the tools for their application in practice.
The COVID-19 pandemic has changed working practices across the globe. It has been predicted that as much as 80 percent of the legal workforce will remain transient or permanently working from home after the COVID-19 crisis ends, with only around a fifth as full-time office workers. Although law firms typically weather downturns better than the overall economy, revenues, working practices, and working culture will all change. The expected economic downturn may not directly translate into a decline for professional services, as market difficulties, regulatory responses, stimulus programs, changes in employment, and other stressors provide potential sources of demand - particularly in the legal sector. What is clear is that personnel issues will come to the fore, and law firm leaders will have to respond proactively, both to mitigate risk and to make the best of a challenging and changing situation. Transitioning from an industry famed for office working to one that is more responsive, flexible and individualistic will provide as many opportunities as it will challenges.
Becoming a lawyer is about much more than acquiring knowledge and technique. As law students learn the law and acquire some basic skills, they are also inevitably forming a deep sense of themselves in their new roles as lawyers. That sense of self - the student's nascent professional identity - needs to take a particular form if the students are to fulfil the public purposes of lawyers and find deep meaning and satisfaction in their work. In this book, Professors Patrick Longan, Daisy Floyd, and Timothy Floyd combine what they have learned in many years of teaching and research concerning the lawyer's professional identity with lessons derived from legal ethics, moral psychology, and moral philosophy. They describe in depth the six virtues that every lawyer needs as part of his or her professional identity, and they explore both the obstacles to acquiring and deploying those virtues and strategies for overcoming those impediments. The result is a straightforward guide for law students on how to cultivate a professional identity that will allow them to make a meaningful difference in the lives of others and to flourish as individuals.
The Sexual Exploitation of Children: A Practical Guide to Assessment, Investigation, and Intervention, Second Edition discusses the new and different developments in the manifestation of problems involved in investigation and assessment of sexual cases and offers advice on dealing with these issues. Although many of the difficulties involved in investigation and assessment of sexual abuse allegations have remained unchanged since the first edition of this book appeared in 1987, the manner in which investigations are conducted must adapt to these new and different developments.
The field of Legal translation and interpreting has strongly expanded over recent years. As it has developed into an independent branch of Translation Studies, this book advocates for a substantiated discussion of methods and methodology, as well as knowledge about the variety of approaches actually applied in the field. It is argued that, complex and multifaceted as it is, legal translation calls for research that might cross boundaries across research approaches and disciplines in order to shed light on the many facets of this social practice. The volume addresses the challenge of methodological consolidation, triangulation and refinement. The work presents examples of the variety of theoretical approaches which have been developed in the discipline and of the methodological sophistication which is currently being called for. In this regard, by combining different perspectives, they expand our understanding of the roles played by legal translators and interpreters, who emerge as linguistic and intercultural mediators dealing with a rich variety of legal texts; as knowledge communicators and as builders of specialised knowledge; as social agents performing a socially-situated activity; as decision-makers and agents subject to and redefining power relations, and as political actors shaping legal cultures and negotiating cultural identities, as well as their own professional identity. Chapter 2 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license. https://tandfbis.s3-us-west-2.amazonaws.com/rt-files/docs/Open+Access+Chapters/9781138492103_oachapter2.pdf
The Successful Law Student: An Insider's Guide to Studying Law is the ultimate companion for all prospective and current law students. Packed full of insights, advice and perspectives from current and past law students it is the only student guide to offer you the inside track on how to make the most of your law degree and your time at university. The Successful Law Student: An Insider's Guide to Studying Law is perfect for you whether you're taking a one-, two-, three- or four-year degree course or planning to take a year abroad, whether you're a full-time, part-time, or mature student, or whether you'll be balancing your studies with work or other commitments. The focus is on the things that will make a big difference to your student experience, including making a smooth transition to university level study, getting the most out of lectures and feedback from tutors, advice on how to approach law exams, and finding a rewarding career. Complemented by a variety of insider voices from students and alumni, which add valuable context and real-life insight, Imogen Moore and Craig Newbery-Jones use their extensive experience as law teachers to explore the learning process and look beyond it to consider the wider definition of success, and help you manage the pressures of legal study. Digital formats This edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools and navigation features. www.oxfordtextbooks.co.uk/ebooks
The study of cause lawyering has grown dramatically and is now an important field of research in socio-legal studies and in research on the legal profession. The Worlds Cause Lawyers Make: Structure and Agency in Legal Practice adds to that growing body of research by examining the connections between lawyers and causes, the settings in which cause lawyers practice, and the ways they marshal social capital and make strategic decisions. The book describes the constraints to cause lawyering and the particulars that shape what cause lawyers do and what cause lawyering can be, while also focusing on the dynamic interactions of cause lawyers and the legal, professional, and political contexts in which they operate. It presents a constructivist view of cause lawyering, analyzing what cause lawyers do in their day-to-day work, how they do it, and what difference their work makes. Taken together, the essays collected in this volume show how cause lawyers construct their legal and professional contexts and also how those contexts constrain their professional lives.
The past two decades have seen renewed scholarly and popular interest in the law and morality of war. Positions that originated in the late Middle Ages through the seventeenth century have received more sophisticated philosophical elaboration. Although many contemporary writers appeal to ideas drawn from Kant's moral philosophy, his explicit discussions of war have not yet been brought into their proper place in these debates. Ripstein argues that a special morality governs war because of its distinctive immorality: the wrongfulness of entering or remaining in a condition in which force decides everything provides the standards for evaluating the grounds of initiating war, the ways in which wars are fought, and the results of past wars. The book is a major intervention into just war theory from the most influential contemporary interpreter and exponent of Kant's political and legal theories. Beginning from the difference between governing human affairs through words and through force, Ripstein articulates a Kantian account of the state as a public legal order in which all uses of force are brought under law. Against this background, he provides innovative accounts of the right of national defence, the importance of conducting war in ways that preserve the possibility of a future peace, and the distinctive role of international institutions in bringing force under law.
It its first two editions The Winning Brief explained the art of effective writing in 100 concise, practical, and easy-to-use tips, proving that the key to writing well is to understand the judicial readership. This third edition of Bryan A. Garner's modern classic delivers the same invaluable guidelines with even more supporting evidence. Covering everything from the rules for planning and organizing a brief to openers that can capture a judge's attention from the first few words, these tips add up to the most compelling, orderly, and visually appealing brief that an advocate can present. In Garner's view, good writing is good thinking put to paper. "Never write a sentence that you couldn't easily speak," he warns - and demonstrates how to do just that. Every tip begins with a set of quotable quotes from experts, followed by Garner's masterly advice on building sound paragraphs, drafting crisp sentences, choosing the best words ("Strike pursuant to from your vocabulary."), quoting authority, citing sources, and designing a document that looks as impressive as it reads. Throughout, Garner shows how to edit for maximal impact, using vivid before-and-after examples that apply the basics of rhetoric to persuasive writing. In this much-expanded third edition, Garner has perfected the text with nine new tips, hundreds of new examples, and amplified explanations throughout-all in his trademark style. Among the new sections are tips on understanding judges' reading habits, answering opponents' arguments, writing effective reply briefs, using authorities persuasively, and organizing arguments based on statutes and contracts. Quotable quotes, which Garner carefully assembled after years of wide reading and close study, have been expanded and improved throughout the book. There is also a new appendix on a remarkable brief that some consider the best ever written ("a beautiful marriage of rhetorical skill, thorough research, and humane lawyering"). Perhaps the biggest change to this edition is that every tip now ends with a summary checklist that recaps and crystalizes the subpoints just covered, with further ideas for improvement. Garner conceived these checklists in part as a way to help readers approach his book as a set of 100 tutorials. Reviewing and practicing each tip will offer brief-writers a degree of mastery that more cavalier colleagues will find difficult to equal. An invaluable resource for attorneys, law clerks, judges, paralegals, law students and their teachers, The Winning Brief has the qualities that make all of Garner's books so popular: authority, accessibility, and page after page of techniques that work. If you're writing to win a case, this book shouldn't merely be on your shelf-it should be open on your desk.
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