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Books > Law > Jurisprudence & general issues > Legal skills & practice
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 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.
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.
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.
In Problem Solving, Decision Making, and Professional Judgment,
Paul Brest and Linda Hamilton Krieger have written a systematic
guide to creative problem solving that prepares students to
exercise effective judgment and decision making skills in the
complex social environments in which they will work. The book
represents a major milestone in the education of lawyers and
policymakers,
Solicitors' Accounts provides a user-friendly guide to a subject
that often poses serious problems for students unfamiliar with the
principles and practice of accounting. It provides comprehensive,
up-to-date coverage of all areas required by the Solicitors'
Regulation Authority for business accounts and solicitors' accounts
on the Legal Practice Course, including full coverage of
double-entry book-keeping and final accounts of sole owners,
partnerships and companies. It also deals with the Solicitors'
Accounts Rules and the practical application of these in
solicitors' accounts, including property and probate transactions.
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.
The most practical foundation for law students, combining content on the English legal system, academic and professional skills, and commercial awareness and employability. Legal Systems & Skills is the essential contemporary toolkit for law students, equipping them with the tools they need to thrive in their academic studies and onto employment. · Accessible and engaging, with a wide range of pedagogical features to help students to apply their knowledge and think critically about the law · Learning supported by annotated documents, real-life examples, flowcharts, and diagrams, providing visual representations of concepts and processes · Comprehensive content on employability, including CV preparation and transferable skills, alongside features like 'Practice tip', 'What the professionals say' and 'Selling your skills' · Expanded coverage on sentencing, the judiciary, new routes into the legal professions, and legal technology · New content on retained EU law, following post-Brexit changes · New chapter on revision and assessment including topics on SBAQs, online assessment, and physical and mental wellbeing Digital formats and resources The fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks · The online resources include self-test questions and links to useful websites for each chapter, interactive diagrams, guidance on the practical exercises, and sample interview questions.
Great poker players are master tacticians. Not only do they calculate odds with lightning speed and astonishing precision, but they also cunningly anticipate and manipulate the actions of their adversaries. In short, they boast skills that every lawyer can envy. This highly entertaining work might best be summed up as "better lawyering through poker." Steven Lubet shows exactly how the tactics of the poker table can be adapted to litigation, negotiation, and virtually every aspect of law practice. In a series of engaging and informative lessons, Lubet describes concepts like "betting for value," "slow playing," and "reverse bluffing," and explains how they can be used by lawyers to win their cases. The best card players, like the best lawyers, have a knack for getting their adversaries to react exactly as they want, and that talent separates the winners from the losers. Lawyers' Poker is an irresistible guide to successful lawyering and an enjoyable read for anyone with an interest in law. No poker knowledge required.
Many legal writing texts emphasize how one writes; this book is unique because it also focuses on why one writes. Every chapter challenges the reader to write to achieve a strategic objective. Each assignment has been carefully considered by the authors, and fully vetted to simulate the decision-making involved in the preparation of important legal writing, whether in a general counsel's office, a law office, a government attorney's office, or a judge's chambers. Simply put, the authors' approach is that effective legal writing does not exist in a vacuum. This book provides practical assignments that teach the student that the best legal writing is not an end in itself, but a means to a larger strategic objective.
How to Write Law Essays and Exams provides law students with a practical and proven method of analysing and answering essay and exam questions. The book focuses on those questions that give students the most trouble, namely problem questions, but its techniques are equally applicable to other types of essays. In addition to providing a framework for analysing and writing law essays, the book teaches students how to identify relevant legal authorities, distinguish and harmonise conflicting legal precedents and evaluate the applicability of the law to the facts of the question at hand. The book also contains specific law-related revision techniques and general writing tips. Designed for law students of all levels, including those on A-level, university, conversion, and vocational courses, the text helps students understand their substantive courses while at the same time teaching vital writing and analytical skills. Digital formats and resources The sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. -The e-book offers a mobile experience and convenient access along with functionality tools and navigation features: www.oxfordtextbooks.co.uk/ebooks . -The book is accompanied by online resources: a case breakdown to help students with reading cases, frequently asked questions, and some tips on citation styles and conventions.
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.
Great poker players are master tacticians. Not only do they calculate odds with lightning speed and astonishing precision, but they also cunningly anticipate and manipulate the actions of their adversaries. In short, they boast skills that every lawyer can envy. This highly entertaining work might best be summed up as "better lawyering through poker." Steven Lubet shows exactly how the tactics of the poker table can be adapted to litigation, negotiation, and virtually every aspect of law practice. In a series of engaging and informative lessons, Lubet describes concepts like "betting for value," "slow playing," and "reverse bluffing," and explains how they can be used by lawyers to win their cases. The best card players, like the best lawyers, have a knack for getting their adversaries to react exactly as they want, and that talent separates the winners from the losers. Lawyers' Poker is an irresistible guide to successful lawyering and an enjoyable read for anyone with an interest in law. No poker knowledge required.
This book deals with the major hurdles that all students must face: examinations. To overcome this barrier, it is important that the exam process is fully understood by students and that the techniques used by successful examinees are thoroughly mastered. Written in a clear, accessible style, Exam Skills for Law Students demonstrates how good students can do themselves justice in examinations by using the knowledge that they have acquired to full effect. The authors suggest ways in which legal arguments can be marshalled and identify methods by which both essay and problem questions can be tackled. Examples are drawn from the core subjects of contract, criminal law, public law and the law of torts, although techniques illustrated can be applied to many other areas of law. This will be an invaluable aid to any students taking academic law examinations.
Archbishop Wulfstan of York (d. 1023) was a powerful clergyman and the most influential political thinker of pre-Conquest England. An advocate for the rights and privileges of the Church, he authored the laws of King Aethelred and King Cnut in prose that combined the rhetorical flourishes of a master homilist with the language of law. Some works forged a distinctive style by adding rhythm and alliteration drawn from Old English poetry. In the midst of Viking invasions and cultural upheaval, Wulfstan articulated a complementary relationship between secular and ecclesiastical law that shaped the political world of eleventh-century England. He also pushed the clergy to return to the ideals of their profession. Old English Legal Writings is the first publication to bring together Wulfstan’s works on law, church governance, and political reform. When read together, they reveal the scope and originality of his thought as it lays out the mutual obligations of the church, the state, and the common people. This volume presents new editions of the Old English texts alongside new English translations.
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.
Toward the end of the twentieth century, English lawyers enjoyed widespread respect and prosperity. They had survived criticism by practitioners and academics and a Royal Commission enquiry, but the final decade witnessed profound changes. First the Conservatives sought to apply laissez-faire principles to the profession. Then Labour transformed the legal aid scheme it had created half a century earlier. At the same time, the profession confronted cumulative changes in higher education and women's aspirations, internal and external competition, and dramatic fluctuations in demand. This book analyses the politics of professionalism during that tumultuous decade, the struggles among individual producers (barristers, solicitors, foreign lawyers, accountants) their associations, consumers (individual and corporate, public and private) and the state to shape the market for legal services by deploying economic, political and rhetorical resources (including changing conceptions of professionalism). The profession had to respond to a greatly increased production of law graduates and the desire of lawyer mothers (and also fathers) to raise their families. It had to replace exclusivity with efforts to reflect the larger society (class, race, gender). The Bar needed to address challenges to its exclusive rights of audience from both solicitors and employed barristers and decide whether to retaliate by permitting direct access, thereby compromising its claim to be a consulting profession. Solicitors had to reconcile their invocation of market principles against the Bar with their resistance to corporate conveyancing and multidisciplinary practices. Government had to restrain a demand-led legal aid scheme; practitioners and their associations sought to pressure the government to expand eligibility and raise remuneration rates. Divisions within both branches so compromised self-regulation and governance that the government even threatened to deprive lawyers of those essential elements of professionalism. These challenges have begun a transformation of the legal profession that will shape its evolution throughout the twenty-first century.
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.
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."
Competition is fierce to secure a training contract with a firm of solicitors. Undergraduates, postgraduates and those on the LPC all find the task equally difficult. This new book provides practical solutions to many of these problems. Clearly laid-out, easy-to-read and informative, it includes useful advice on such areas as: drafting CVs; writing covering letters to apply for training contracts; researching the market place; getting the best value out of work experience; selecting firms; interview approaches and techniques; accessing sources of finance. The book aims to be a useful source of reference and offer practical tips for anyone wishing to enter the legal profession.
Legal research and legal writing: Essential skills for success in the world of law The new edition of How to think, write and cite provides students who are new to law with clear and practical guidance on mastering essential skills which will be key to success in their assignments and examinations, and which will also be invaluable in the workplace after graduating. Key features * Developed by experienced Irish academics and researchers specifically for Irish law students * Easy-to-follow, practical advice * Explanations of how to read legislation and court judgments * Step-by-step instructions for accessing online legal databases * Explains effective legal writing for exams and essays, including sample answers and essays * Explains when and how to cite in essays * Includes a detailed citation manual for Irish materials based on the internationally-accepted OSCOLA system New to the second edition * Up-to-date information on how to use online databases * Expanded section on use of software to automate and simplify referencing * New section on completing assignments * Discussion of expanding role of clinical legal education * Detailed discussion of different research methods, including doctrinal, historical and socio-legal research * Suggestions for further reading * Second edition of OSCOLA Ireland The book is accompanied by a companion website, which will provide supplementary exercises and interactive quizzes which students can use to self-test at their own pace, or module co-ordinators can use to assess the work of students over the course of the module. (Please note that this website, while complementary to the book, is an independent endeavour by the authors. The book is sold as a stand-alone text.) The authors Jennifer Schweppe, School of Law, University of Limerick; Dr Ronan Kennedy, School of Law, National University of Ireland, Galway; Lawrence Donnelly, School of Law, National University of Ireland, Galway.
This work explains the language used by the most successful advocates throughout the English-speaking world, and contributors include distinguished lawyers within these jurisdictions, from the Far-East to the USA. As well as dealing with the words and phrases of advocacy, the book covers other aspects of the technique of communication. |
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