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Books > Law > Jurisprudence & general issues > Legal skills & practice
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
Criminology Skills covers both criminological study skills and research skills in one volume, giving students the skills they need to succeed in the study of criminology. A three-part structure covers finding source materials, academic skills, study skills, and research methodology, guiding students through a range of skills and methods which they will need to practise and demonstrate in their degree. Topics covered include finding and evaluating criminological resources, referencing and avoiding plagiarism, preparing for exams, planning a research project, data analysis and much more. Criminology Skills first helps students to establish a strong and comprehensive skills foundation before building to a more advanced level, increasing their competence and confidence with which to approach projects. Digital formats and resources The third 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 that support the book include: -Practical exercises -Animated walk-throughs showing how to use online databases -Activities to help students test their understanding of ethical considerations and of the differences between quantitative and qualitative research methods
Over the past several decades, the number of lawyers in large
cities has doubled, women have entered the bar at an unprecedented
rate, and the scale of firms has greatly expanded. This immense
growth has transformed the nature and social structure of the legal
profession. In the most comprehensive analysis of the urban bar to
date, "Urban Lawyers" presents a compelling portrait of how these
changes continue to shape the field of law today.
Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society s other rules. Reinvigorating ideas from Jeremy Bentham and John Austin, and drawing on empirical research as well as philosophical analysis, Schauer presents an account of legal compliance based on sanction and compulsion, showing that law s effectiveness depends fundamentally on its coercive potential. Law, in short, is about telling people what to do and threatening them with bad consequences if they fail to comply. Although people may sometimes obey the law out of deference to legal authority rather than fear of sanctions, Schauer challenges the assumption that legal coercion is marginal in society. Force is more pervasive than the state s efforts to control a minority of disobedient citizens. When people believe that what they should do differs from what the law commands, compliance is less common than assumed, and the necessity of coercion becomes apparent. Challenging prevailing modes of jurisprudential inquiry, Schauer makes clear that the question of legal force has sociological, psychological, political, and economic dimensions that transcend purely conceptual concerns. Grappling with the legal system s dependence on force helps us understand what law is, how it operates, and how it helps organize society."
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.
Very Short Introductions: Brilliant, Sharp, Inspiring Everyone negotiates. Whenever any person, company, or country needs someone else to accomplish something, they must negotiate. Negotiation is essential for peace and international relations, but also for economically efficient trades and bargains in business, and for problem solving skills in workplaces, families, and interpersonal interactions. This Very Short Introduction provides a comprehensive and accessible review of both conceptual and behavioural approaches to the human process of negotiation. Carrie Menkel-Meadow draws on research in constituent fields of human psychology, diplomacy, law, business, anthropology, game theory, decision making, international relations, sociology, public policy, and economics, suggesting models for creative problem solving to often intractable problems. Considering that most people are tense and frightened of what they perceive to be scarce resource confrontations with opponents and competitors, Menkel-Meadow offers different ways to plan for and approach others to solve human problems and seek solutions that satisfy both parties. Alongside this, Menkel-Meadow summarises recent research on the variations of human behaviour, providing vivid examples from history and current affairs to solve some of the most difficult problems. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
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.
During the first two decades of the twenty-first century, the United States and much of the developed world were rocked by three successive economic shocks, each one more severe than the one before. Real relief from these economic shocks, of course, can only come from a restored economy-with balanced strength across many sectors and regions. Safety-net programs can also help alleviate this suffering. They provide urgent financial help and, when properly designed, can assist, motivate, or nudge recipients to seek and accept new employment. When necessary, they can help recipients to learn new skills and engage in other socially preferred behaviors. That is, they can "activate" the unemployed and underemployed. Work and the Social Safety Net: Labor Activation in Europe and the United States describes how in the 1990s and early 2000s many European countries adopted policy reforms aimed at activating those recipients apparently able to work. These policy reforms were put to the test during the Great Recession and its aftermath. This volume reviews the experiences from both Europe and the United States during this period, and includes two chapters apiece on unemployment insurance, social assistance, disability, public employment services, and political economy. Work and the Social Safety Net identifies policies for activating recipients of safety-net programs while still preserving a strong social safety net-as a guide during the economic recovery from the COVID-19 pandemic and future downturns.
Much has changed in the ten years since the publication of the first edition of Women-at-Law. But, unfortunately, much has also stayed the same. Women are still confronting issues of promotions and equal pay, while also struggling to maintain a healthy work/life balance. But no woman is alone in the legal profession, and Women-at-Law, Second Edition is the guide that proves it. Author Phyllis Epstein has interviewed over 500 women lawyers of all ages, backgrounds, and lifestyles nationwide to address how women today are meeting the challenges of competing in the legal profession without sacrificing their home and family lives as well. This updated edition includes: * Wisdom and experience from women lawyers sharing their life experiences* Taking a time out from a legal careerand making a comeback* The intricacies and rewards of juggling a personal and professional life* If the option of part-time work is right, and how to make it work* Updated research on topics like attrition of women lawyers, schedule demands, and the unique focus women can bring to the profession Women-at-Law provides women with ideas and suggestions about how to deal with their professional and personal goals and challenges and make the compromises required to "have it all"even when "having it all" can be different for each individual. You'll learn that, with some effort, a woman can redirect her career, home life, and interests in the long journey that is a successful life.
Be the "go to" paralegal at your firm with the fourth edition of LEGAL RESEARCH, ANALYSIS, AND WRITING! This book shows you how to conduct reliable legal research, analyze the results, and write clear memoranda and other legal documents that are on-point and well supported. In addition to an easy-to-read format, this student favorite offers hypothetical scenarios, examples, and exercises that clarify the important work paralegals do every day to help law offices and legal departments run smoothly. Of course, the fourth edition offers the latest updates, with special attention to the electronic legal research tools common today. And, to add to your success, optional MindTap tools cater to your personal learning style with interactive quizzing, flashcards, and practice assignments that help you build momentum and confidence quickly.
The First Amendment rights of lawyers are ethereal. Most lawyers fail to realize that courts may deny them access to the First Amendment's protective shield in many regulatory and disciplinary contexts. Overall, attorneys cannot and should not assume that they can obtain First Amendment protection - especially when acting as an attorney in their role as an 'officer of the court'. Yet, it is precisely in the lawyering context - where attorneys engage in speech, association, and petitioning for the very purpose of securing client rights, invoking law, enabling the judicial power, and obtaining justice - that the need for First Amendment protection is the most acute. If regulators silence that voice, they silence justice. From overarching theory to specific real-world contexts, this illuminating book provides a critical resource for lawyers, judges, and scholars to understand the relationship between the First Amendment rights of lawyers and the integrity of the justice system.
We live in a "law-thick" world. For individuals and organizations in both the public and private sectors, navigating the large number of complex laws, rules, institutions, and procedures that pervade American life is virtually impossible without some assistance. Some argue that "there are too many lawyers." Others argue that the unmet need for legal services is so high that it constitutes a human rights crisis. This book exposes why it is easy to access legal services for some, while it is virtually impossible for others, and why some lawyers have successful careers, but others cannot. This book argues that the problems plaguing legal services in the US can be only be addressed by a radical overhaul of the rules that govern how legal services may be delivered, as well as radical changes to who exercises the power to make those rules. Through interviews with those with experience with alternative legal service providers, this book exposes the formidable obstacles that exist along the path to those changes, as well as the opportunities that await. More information can be found at: www.notjustforlawyers.com
When the first edition of this student work was published some eight years ago transnational commercial law, introduced as a postgraduate course at the University of Oxford in 1995, was taught at a relatively small number of law schools. Since then the subject has blossomed and is now taught at law schools around the world. Focused on the products and processes of the harmonization of law relating to international commercial transactions, the book is an invaluable resource for students in this field. In this new edition the work has been completely revised and updated, covering a number of new or substantially revised international instruments. In addition four new chapters have been added by specialist contributors dealing with regional harmonization, carriage of goods by sea, transactions in securities and the relationship between international conventions and national law. The authority of the text is enhanced by the fact that all the authors have played leading roles in the drafting and development of many of the instruments examined in the work.
The only text that fully combines coverage of legal systems with academic and professional legal skills. Coupled with the focus on employability and commercial awareness, Legal Systems & Skills is the essential contemporary toolkit for law students. Legal Systems & Skills speaks directly to students - encouraging, engaging, and enthusing at all times. It is accessible, with a clear writing style and a wide range of pedagogical features to help students to apply their knowledge practically. Learn how law works * Students get to grips with all the essential topics of English legal system, think about different perspectives, and understand their implications. * Clear, no-nonsense explanations, supported by annotated documents, flowcharts and diagrams that provide a visual representation of concepts and processes, build students' confidence. Develop the essential skills * Students are equipped with the tools they need to thrive in their academic studies and in subsequent employment. Students are encouraged to become adept researchers, nimble problem-solvers, dexterous writers, and competent communicators. * Topics such as negotiation and mediation, presentations, and client meetings introduce students to the professional skills essential for progression into both legal practice and other professional careers. * Commentary helping students engage with assessment criteria and develop their critical thinking skills. Apply them to succeed * Students are encouraged to reflect on and actively improve their commercial awareness through case studies and activities. Targeted coverage of employability, practise interview questions, CV development, and transferrable skills help students to approach their future careers with confidence and communicate their own competencies effectively. * 'Practical exercises' throughout provide opportunities to take a hands-on approach to tackling a wide range of legal skills. * 'What the professionals say' boxes bring in voices from across the world of legal services and other professions, including comments from barristers, solicitors, CEOs, solicitors' paralegals, and librarians. Digital formats and resources This fourth edition is available for students and institutions to purchase in a variety of formats, and is suppported 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 that support the book include: - Self-test multiple choice questions - The authors' guidance to answering the practical exercises in each chapter - Sample interview questions to help students identify which areas of commercial awareness they need to focus on - A library of web links that direct students to useful websites and relevant media
Adopting a highly practical approach, Remedies is designed to help trainee barristers identify appropriate remedial relief for their clients, and calculate damages where necessary. Remedies fully prepares trainee barristers for practice with coverage of the specific remedies which are available in various areas of law, including judicial review, trusts, unlawful discrimination, and EU remedies. The manual also details when specific remedies are available and what must be established for the chosen remedy to be granted. 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, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
Volume one presents documents that establish the structure of the Supreme Court and recount the official record of the Court's activity during its first decade. It serves as an introduction and reference tool for the subsequent volumes in the series.
Criminal Litigation is a comprehensive guide to the criminal justice process in Ireland and its evidential and procedural rules. It profiles the obligations of the state and the rights of the accused at all stages of the trial process for summary and indictable crime, at all court levels, in a framework that reflects the criminal justice process from arrest to trial and beyond. Effective practice knowledge is linked with regulatory crime, juvenile justice, road traffic offences, the ECHR, and European Arrest Warrants. The book's content has been extensively revised for the fourth edition, and it now includes a new chapter on victims' rights in Ireland, incorporating the Victims' Rights Directive. It also takes into account recent changes with respect to advising clients in Garda custody, forensic and DNA evidence, bail application processes and suspended sentences. Criminal Litigation is essential reading for trainee solicitors studying this subject on the Professional Practice Course and an excellent resource for Irish legal practitioners and other actors in the criminal justice system.
The United States introduced the earned income tax credit (EITC) in 1975, where it remains the most significant earnings-based refundable credit in the Internal Revenue Code. While the United States was the first country to use its domestic revenue system to deliver and administer social welfare benefits to lower-income individuals or families, a number of other countries, including New Zealand and Canada, have experimented with or incorporated similar credits into their tax systems. In this work, Michelle Lyon Drumbl, drawing on her extensive advocacy experience representing low-income taxpayers in EITC audits, analyzes the effectiveness of the EITC in the United States and offers suggestions for how it can be improved. This timely book should be read by anyone interested in how the EITC can be reimagined to better serve the working poor and, more generally, whether the tax system can promote social justice.
Family Law provides a comprehensive guide to family law legislation
and practice in Ireland. It is an essential tool for family law
students and practitioners but also for those outside of the legal
profession whose work crosses over this area of law, and those with
a general interest in how family law operates in Ireland.
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,
This collection of essays is a unique contribution to understanding the issues confronting law schools in Central and Eastern Europe and countries of the former Soviet Union as they seek to ensure that their programs meet the needs of 21st century lawyers. The book is unusual in two ways. First, most of the authors are faculty members at universities in the region. Despite a plethora of initiatives to reform legal education in Central and Eastern Europe and countries of the former Soviet Union, there has been little literature on the topic coming from the region itself. Second, the essays address structural issues as well as pedagogical ones (e.g., the disincentives for academics to invest time in developing new teaching methodologies and the problems posed by rigid government standards for higher education). It is particularly useful to have these essays collected in one book, so that readers can see both problems and some suggested solutions in a cross-cultural context. |
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