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Books > Law > Jurisprudence & general issues > Legal skills & practice
As a result of globalization, cross-border transactions and litigation, and multilingual legislation, outsourcing legal translation has become common practice. Unfortunately, over-reliance on such outsourcing has given rise to significant dangers, including information asymmetry, goal divergence, and risk. Legal Translation Outsourced provides the only current reference on commercial legal translation performed outside institutions. Juliette Scott casts a critical eye on the practice as it now stands, offering an analysis of key risks and constraints. Her work is informed by empirical data of the legal translation outsourcing markets of 41 countries. Scott proposes original theoretical models aimed both at training legal translators and informing all stakeholders, including principals and agents. These include models of legal translation performance; a classification of constraints on legal translation applying upstream, during and downstream of translation work; and a description of the complex chain of supply. Working to improve the enterprise itself, Scott shows how implementing a comprehensive legal translation brief-a sorely needed template-can significantly benefit clients by increasing the fitness of translated texts. Further, she opens a number of avenues for future research with an eye to translator empowerment and professionalization.
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.
An invaluable resource for trainee and newly qualified solicitors
in Ireland, Civil Litigation provides a comprehensive understanding
of the practice and procedure in the most commonly encountered
aspects of civil litigation. The manual sets out the steps to be
taken by a solicitor in civil proceedings in the District Court,
the Circuit Court and the Superior Courts, from initiating or
defending an action to obtaining an order and enforcing it, to
preparing the bill of costs.
Successfully managing a change initiative is no simple feat, regardless of the size of the firm - distilling the process of change into a workforce takes careful planning and support. Change is stressful and difficult for people to process and accept, as we often cling to what we know. This is especially true of lawyers, who are notoriously averse to change. However, the legal sector has begun to rapidly transform - and the firms that don't change with it are going to struggle to stay relevant. In these turbulent times for firms, change initiatives must be properly managed to ensure the whole firm can successfully shift to the new norm and stick to it. Without the proper support and management, a firm runs the risks of alienating their workforce - who will not take well to sudden and imposed change. Managing Legal Change Initiatives looks to illustrate the best methods of introducing and managing change in a sector that is known for being adverse to it. The book highlights the critical obstacles and pitfalls that law firms will face during transitional periods, and outlines some of the best methods of approaching organizational change; from building a change framework to follow, to encouraging a shift in partner behavior through the compensation strategy. This new book also explores why change is so difficult for individuals - with discussion of the neuroscience behind change, and the role of emotional intelligence in leaders to help garner a transformation. With the disruptions to legal services predicted to continue for some time, it will be those firms who adapt, put into place, and act upon a change management strategy that will be the ones capitalize on changes to come.
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.
New digital technologies, from AI-fired 'legal tech' tools to virtual proceedings, are transforming the legal system. But much of the debate surrounding legal tech has zoomed out to a nebulous future of 'robo-judges' and 'robo-lawyers.' This volume is an antidote. Zeroing in on the near- to medium-term, it provides a concrete, empirically minded synthesis of the impact of new digital technologies on litigation and access to justice. How far and fast can legal tech advance given regulatory, organizational, and technological constraints? How will new technologies affect lawyers and litigants, and how should procedural rules adapt? How can technology expand - or curtail - access to justice? And how must judicial administration change to promote healthy technological development and open courthouse doors for all? By engaging these essential questions, this volume helps to map the opportunities and the perils of a rapidly digitizing legal system - and provides grounded advice for a sensible path forward.
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.
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.
*Understand what digital transformation means in a law firm context *Explore the cultural barriers to transformation, and learn how to overcome them *Gain insight from the operating models of successful digital businesses *Develop a business case and practical strategy for digital transformation *Understand the importance of diversity and purpose in driving digital change *Manage change and adoption challenges *Build on learnings from the COVID-19 crisis to accelerate digital transformation As law firms take stock in the aftermath of COVID-19, there is an opportunity to rethink the law firm operating model for the next decade and beyond. The crisis has reinforced the importance of agility and resilience, and the critical role digital technologies play in client service. For law firms, digital transformation should no longer be viewed as an indulgence, but as an urgent necessity. For those that embrace this challenge, the rewards, for both clients and colleagues, will be substantial. Written by one of the most respected leaders of law firm innovation, this book will help those contemplating or leading digital change in law firms to develop and execute a compelling digital transformation strategy. With a particular focus on the cultural and organisational challenges inherent in a law firm partnership, the book provides practical advice on how to effect meaningful and sustainable change. This invaluable guide for law firm leaders, lawyers, and those leading digital change in a law firm includes plenty of best-practice examples from outside as well as inside the legal profession. The book provides valuable insight for start-ups and technology providers looking to partner with law firms, and for aspiring lawyers starting their professional careers. Along with practical guidance on shaping digital transformation, this engaging work will give the reader a comprehensive overview of the competitive landscape in legal services, sharing diverse perspectives and case studies from leaders from different parts of the legal sector.
The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, informing their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law. This title is also available as Open Access on Cambridge Core.
Technology is everywhere. Its presence is undeniable. The legal industry, steeped in history and tradition, is not immune to the changes brought about by technological advancement. No facet of the legal industry can escape or ignore the increasingly important role of technology in the practice of law. Yet, technology can overwhelm, confuse, or downright intimidate many. By reading and using the insights shared in this title, learn how to reconcile technology's inescapable presence with the fear of the unknown it often brings about. Edited by Colin S. Levy, a well-known legal tech influencer and advocate, Handbook of Legal Tech provides guidance from many of the leading figures within the legal tech space on the different parts of law practice being enhanced and improved by technology. Each chapter covers a key area of legal tech, including automation, contract management, blockchain, use of artificial intelligence, and legal analytics, and contains first-hand insights into the development and adoption of legal technology and actionable data around best uses for different types of legal technologies. Legal ethics and the future of legal tech are also explored. This book is aimed at lawyers both in-house and in private practice globally who have an interest in legal tech and wish to learn more about how it will impact and enhance their work. In this age driven by data and technology, ignoring technology is at your definitive peril. Get up to speed with this engaging and enlightening book on the intersection of the legal industry and the world of technology.
The religion and state debate in Israel has overlooked the Palestinian-Arab religious communities and their members, focusing almost exclusively on Jewish religious institutions and norms and Jewish majority members. Because religion and state debates in many other countries are defined largely by minority religions' issues, the debate in Israel is anomalous. Michael Karayanni advances a legal matrix that explains this anomaly by referencing specific constitutional values. At the same time, he also takes a critical look at these values and presents the argument that what might be seen as liberal and multicultural is at its core just as illiberal and coercive. In making this argument, A Multicultural Entrapment suggests a set of multicultural qualifications by which one should judge whether a group based accommodation is of a multicultural nature.
In communities plagued by conflict along ethnic, racial, and religious lines, how does the representation of previously-marginalized groups in the police affect crime and security? Drawing on new evidence from policing in Iraq and Israel, Policing for Peace shows that an inclusive police force provides better services and reduces conflict, but not in the ways we might assume. Including members of marginalized groups in the police improves civilians' expectations of how the police and government will treat them, both now and in the future. These expectations are enhanced when officers are organized into mixed rather than homogeneous patrols. Iraqis indicate feeling most secure when policed by mixed officers, even more secure than they feel when policed by members of their own group. In Israel, increases in police officer diversity are associated with lower crime victimization for both Arab and Jewish citizens. In many cases, inclusive policing benefits all citizens, not just those from marginalized groups.
This well-respected and highly regarded book provides straightforward coverage of all aspects of law and police procedure that affect the community at large. It is comprehensive, easy to understand, and suitable for all readers, including those with no formal legal training. Police Law meets the reference needs of thousands of police officers, and provides an excellent source of information for members of the public wishing to refer to a legal text written in an accessible way. It is a practical volume for everyday use, which police officers and others working and studying in this area will find invaluable. This edition has been fully updated. In addition to a host of amendments to pre-existing legislation, new bodies of statute law, such as the Investigatory Powers Act 2016, the Haulage Permits and Trailer Registration Act 2018, and the Assault on Emergency Workers (Offences) Act 2018, are dealt with. Case law developments are also described, as are revisions to the PACE Codes. Introduced into the body of the new edition is content covering public service vehicles, good vehicles, animals, birds, and plants, and game. Police Law is accompanied by a companion website with regular chapter updates on new legislation and case law, as well as further content to that in the text.
How should copyright exceptions be drafted? This is a question of ongoing concern in scholarly and law reform debates. In Drafting Copyright Exceptions, Emily Hudson assesses drafting options using insights from the standards and rules literature, and case studies from cultural institutions in Australia, Canada, the UK and the US. Drawing on thousands of hours of fieldwork conducted over fourteen years, the book describes how staff engage with and interpret the law. Whilst some practices are guided strongly by copyright doctrine, others are influenced by the factors such as ethical views, risk assessment, and prosaic matters related to collection management. This work should be read by anyone interested in a detailed account of interpretative practices related to the drafting of copyright exceptions, but it also speaks to broader debates about the relationship between the 'law in books' and the 'law in action'.
Over the last decade, cost pressures, technology, automation, globalisation, de-regulation, and changing client relationships have transformed the practice of law, but legal education has been slow to respond. Deciding what learning objectives a law degree ought to prioritise, and how to best strike the balance between vocational and academic training, are questions of growing importance for students, regulators, educators, and the legal profession. This collection provides a range of perspectives on the suite of skills required by the future lawyer and the various approaches to supporting their acquisition. Contributions report on a variety of curriculum initiatives, including role-play, gamification, virtual reality, project-based learning, design thinking, data analytics, clinical legal education, apprenticeships, experiential learning and regulatory reform, and in doing so, offer a vision of what modern legal education might look like.
Bridging disparate literatures on courts and the legal profession in China, Jonathan J. Kinkel introduces an innovative cross-disciplinary framework to understand the reality of Chinese politics and society. Fusing a variety of perspectives from social ecology, historical institutionalism, and empirical legal studies, Kinkel contextualises patterns of court reform within China's rapid economic and social transformations. This book's extensive case studies emphasise the dynamic expansion of the legal system in the post-Mao reform period and demonstrate that law firm growth in large cities, especially in the early twenty-first century, pressured courts at the local and national levels to enhance judicial autonomy. Advancing debates on the multiplicity of political-legal regimes, this book offers a comprehensive, empirical account of how reforms in both the public and private arenas can interact and operate alongside one another.
Law schools currently do an excellent job of helping students to 'think like a lawyer,' but empirical data show that clients, legal employers, and the legal system need students to develop a wider range of competencies. This book helps legal educators to understand these competencies and provides practical ways to build them into a law school curriculum. Based on recommendations from the American Bar Association, the American Association of Law Schools, and the Carnegie Foundation for the Advancement of Teaching, it will equip students with the skills they need not only to think but to act and feel like a lawyer. With this proposed model, students will internalize the need for professional development toward excellence, their responsibility to others, a client-centered approach to problem solving, and strong well-being practices. These four goals constitute a lawyer's professional identity, and this book empowers legal educators to foster each student's development of a professional identity that leads to a gratifying career that serves society well. This title is Open Access.
An engaging account of ambition, the forces that drive and constrain it, and whether it serves our deepest needs. Ambition is a dominant force in for human civilization, driving its greatest achievements and most horrific abuses. Our striving has brought art, airplanes, and antibiotics, as well as wars, genocide, and despotism. This mixed record raises obvious concerns about how we can channel ambition in the most productive directions. In Ambition, Deborah L. Rhode offers a comprehensive and engaging survey of the topic that focuses in particular on the nature of ambition in contemporary American life. To do this, she first explores three central focuses of ambition-recognition, power, and money-and argues that an excessive preoccupation with these external markers for success can be self-defeating for individuals and toxic for society. She then shifts to discussing the obstacles to constructive ambition and the consequences when ambitions are skewed or blocked by inequality and identity-related characteristics such as gender, race, class, and national origin. Rhode further addresses the ways that families, schools, and colleges might play a more effective role in developing positive ambition. Finally, she examines what sorts of ambitions contribute to sustained well-being, such as building relationships and contributing to society, rather than chasing extrinsic rewards such as wealth, power, and fame. Drawing upon leading thinkers on the topic and contemporary social science research while laying out an agenda for how ambition can be better developed, Ambition will force us reconsider the factors that shape our ambitions, and whether those ambitions meet our deepest needs and highest aspirations.
A new installment of the series of Interviews with Global Leaders in Policing, Courts, and Prisons, this book expands upon the criminal justice coverage of earlier volumes, offering the voices of 14 lawyers from 13 diverse locales, including countries in Africa, North America, South America, Europe, and the Asia-Pacific region. This book is intended for students and others focusing on law and legal studies, policing, psychology and law, criminology, justice studies, public policy, and for all those interested in the front lines of legal change around the world. Featuring versatile chapters perfect for individual use or as part of a collection, this volume offers a personal approach to the legal world for students and experienced professionals.
The new edition has been extensively revised and enlarged. It considers the case law developed since the prior edition and the new legal situation effective as of 1 May 2014. This topically arranged comprehensive work on criminal administrative traffic law (Verkehrs-OWi) provides assistance in preparing an effective defense, and its practical focus has been enhanced with additional sample boilerplate.
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.
This groundbreaking work offers a first-of-its-kind overview of legal informatics, the academic discipline underlying the technological transformation and economics of the legal industry. Edited by Daniel Martin Katz, Ron Dolin, and Michael J. Bommarito, and featuring contributions from more than two dozen academic and industry experts, chapters cover the history and principles of legal informatics and background technical concepts - including natural language processing and distributed ledger technology. The volume also presents real-world case studies that offer important insights into document review, due diligence, compliance, case prediction, billing, negotiation and settlement, contracting, patent management, legal research, and online dispute resolution. Written for both technical and non-technical readers, Legal Informatics is the ideal resource for anyone interested in identifying, understanding, and executing opportunities in this exciting field.
Addressing the misunderstood and misrepresented aspects of the law in today's writing, this reliable guidebook demonstrates how to use legal concepts, terminology, and procedure to create fiction that is true to life and crackling with real-world tension. Examples from actual cases are provided along with excerpts of authentic courtroom dialogue. Topics covered include criminal and civil law; differences between federal, state, and Native American jurisdiction; police and private investigation; wills and inheritances; and the written and unwritten codes that govern the public and private conduct of lawyers and judges. Providing a quick and simple legal reference, this handbook is the key to creating innovative plots, strong conflicts, authentic characters, and gritty realism. |
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