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Books > Law > Jurisprudence & general issues > Legal skills & practice
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.
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 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
American Justice 2015: The Dramatic Tenth Term of the Roberts Court is the indispensable guide to the most controversial and divisive cases decided by the Supreme Court in the 2014-15 term. Steven Mazie, Supreme Court correspondent for The Economist, examines the term's fourteen most important cases, tracing the main threads of contention and analyzing the expected impacts of the decisions on the lives of Americans. Legal experts and law students will be drawn to the lively summaries of the issues and arguments, while scholars and theorists will be engaged and provoked by the book's elegant introduction, in which Mazie invokes John Rawls's theory of "public reason" to defend the institution of the Supreme Court against its many critics. Mazie contends that the Court is less ideologically divided than most observers presume, issuing many more unanimous rulings than 5-4 decisions throughout the term that concluded in June 2015. When ruling on questions ranging from marriage equality to freedom of speech to the Affordable Care Act, the justices often showed a willingness to depart from their ideological fellow travelers-and this was particularly true of the conservative justices. Chief Justice Roberts joined his liberal colleagues in saving Obamacare and upholding restrictions on personal solicitation of campaign funds by judicial candidates. Justice Samuel Alito and the chief voted with the liberals to expand the rights of pregnant women in the workplace. And Justice Clarence Thomas floated to the left wing of the bench in permitting Texas to refuse to print a specialty license plate emblazoned with a Confederate flag. American Justice 2015 conveys, in clear, accessible terms, the arguments, decisions, and drama in these cases, as well as in cases involving Internet threats, unorthodox police stops, death-penalty drugs, racial equality, voting rights, and the separation of powers.
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.
A practical reference on the EU rules and international initiatives that impact directly on EU cross-border disputes, this handbook is a must-have for any practitioner of cross-border mediation. The EU Mediation Directive 2008/52/EC laid down obligations on EU Member States to encourage quality of mediators and providers across specific compliance considerations, including codes of conduct and training, court referral, enforceability of mediated settlements, confidentiality of mediation, the effect of mediation on limitation periods, and encouraging public information. The book is organized into clear and consistent themes, structured and numbered in a common format to provide easily accessible provisions and commentary across the essential considerations of the Directive. All EU countries which have complied, along with Denmark (which opted out of implementing the Directive), or attempted to comply, with the Directive are included, allowing straightforward comparison of key issues across the different countries in this important and evolving area. Supplementary points of practical use, such as statistics on the success rates of mediation and advice on the requirements for parties to participate in mediation, and for parties and lawyers to consider mediation, add further value to the jurisdiction-specific commentary. A comparative table of the mediation laws forms an invaluable quick-reference appendix for an overview and comparison of the information of each jurisdiction, together with English translations of each country's mediation law or legislative provisions. Address this dynamic area of law with the benefit of guidance across all elements of the Directive impacting practice, provided by respected and experienced editors from the knowledgeable European authority in mediation, ADR Center, along with a host of expert contributors.
In the second edition of his award-winning book, Harold Abramson offers a framework for representing clients in mediation in the form of his Mediation Representation Triangle that emphasizes knowing how to negotiate effectively, how to enlist mediator assistance, and how to develop a mediation representation plan that meets clients' interests, overcomes impediments, and shares information judiciously. Through his expanded and carefully crafted framework for effective problem-solving advocacy in mediation, he answers such keys questions as: How to select the right mediator? How do you prepare your case and client for mediation? And, what to do as the mediation unfolds? Abramson begins by examining how to be an effective negotiator in mediation including during each mediation stage, opening statements, joint sessions and caucuses. He also gives considerable attention to the various ways mediators can assist participants in the mediation. He then covers advising clients about the mediation option, negotiating an agreement to mediate, preparing cases and clients for the mediation session, and appearing in pre-mediation conferences, mediation sessions, and post-sessions. He also presents alternative processes for resolving issues not settled in mediation. This second edition introduces new material on resolving moneyed disputes, dealing with emotions, sharing information, interviewing mediators and their references, choosing between joint sessions and caucuses, generating movement, proactively enlisting the mediator, searching for creative solutions, and navigating legal issues when drafting agreements. It also includes new approaches to assessing and preparing opening statements and refines the critical techniques for bridging any final gap.
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.
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.
This is a practical guide to policing domestic violence in the
United Kingdom. It sets out approaches to help identify victims
early and target offenders through the effective use of
intelligence across a range of offending. It also offers guidance
on investigative techniques, risk assessment, inter-agency murder
reviews and information-sharing. The impact of domestic violence on
children and other witnesses is discussed, and the powers available
to police under new legislation are outlined.
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.
Defending Suspects at Police Stations is the definitive guide for those advising detainees at the police station. It is an essential purchase for solicitors, duty solicitors, custody officers, criminal law students and in particular for those preparing for police station accreditation. Ed Cape's authoritative guidance is unrivalled. Comprehensive yet highly accessible and practical, Cape provides the answers to every day practical questions and problems. Initial chapters explain the basic principles of defending clients at the investigative stage and examine the key provisions of PACE and the Codes of Practice. Subsequent chapters tackle the various stages of advising a client including taking instructions, advising on 'silence', interview strategies, samples and searches, identification procedures and the charge decision. The book also includes dedicated chapters on advising and assisting vulnerable clients, on enforcement of the PACE and Code provisions, and on advising immigration detainees.
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.
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 book acquaints readers with the two most important
skills-legal research and writing-and approaches each problem and
exercise from a different legal subject area. By discussing
problem-solving techniques in a wide variety of topics, this book
successfully increases student levels in
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.
The aim of this book is to provide a helpful guide for practitioners in the magistrates' and county courts to the realities of conducting a successful case. The revised text includes the latest developments in all areas of the law of evidence, including confessions and the Codes of Practice, character and similar-fact evidence, the evidence of children and the use of written witness statements in civil cases.;References are made to the changes that may be introduced by the Criminal Justice and Public Order Bill. Peter Murphy has also written " A Practical Approach to Evidence" and was co-author of "Cases and Materials on Evidence." |
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