The clergy abuse scandal has posed the greatest threat to the traditional understanding of the Catholic priesthood since the Protestant Reformation. Now, as then, the deadliest attacks are coming from within the Church. In an attempt to improve a system that allowed a small minority of the clergy to violate children and ameliorate the gross negligence of some bishops who recycled these predators, the American bishops instituted the Charter for the Protection of Children and Young People in 2002. It is, unfortunately, doing the Church more harm than good.

In Hope Springs Eternal in the Priestly Breast, Fr. James Valladares shows how justice and charity have been violated by some bishops in dealing with accused priests. He examines the pertinent canons that guide the Church's judicial system and finds that these are often ignored or wrongly applied. He provides true cases that highlight the injustice of the process and the agony of priests who have been subjected to the charter's draconian mandates.

The Church has incurred tremendous financial losses because of settlements rising from both legitimate and false claims. Her image has been marred by the secular media, which has taken advantage of the crisis. Even so, we often fail to understand how trivial these are in comparison to the damage done to the priesthood by the enactment of the charter's policies. This is the most pressing issue that the bishops need to address.

As the process of internationalization accelerates, comparative law scholars focus on the adaptation of legal cultures to new realities. It is particularly important to understand (as best we can) the "inner workings" of two groups of lawyers: those in the United States; and those in the major European countries. In which ways do the two groups understand each other, and where do they go their separate ways? And what are the implications for the legal profession and its beneficiaries of their cultural and ideological differences? At a symposium held in Paris, 12 scholars from Europe and the United States met to investigate these issues under two related rubrics: realities and trends on the one hand, and ethics, rules and professional ideologies on the other. The participants have updated their original papers for this publication. In the course of their discussion they reveal which cultural realities persist and are likely to remain, and which trends are broadening the common ground on which lawyers act in both cultures.

This book covers legal dissertation level research, embracing both LL.B. and the specific demands of LL.M. dissertations. Adopting a highly practical approach, this book shows the reader how to research and write a dissertation, covering the various stages - planning, identifying key issues, utilising the appropriate research methods, time management issues, and managing one's supervision. KEY FEATURES * Shows how to avoid common stylistic and substantive pitfalls * Discusses the character and pros and cons of adopting law and policy methods for defining the issues and conducting legal research - including black letter, socio-legal, interpretive, experiential * A running example throughout the text illustrates the various points made in each section and provides continuity

Introduction to Law and Legal Skills in South Africa, Second Edition, offers an inspiring, progressive and immersive introduction to the study of South African law, for students who are beginning a programme of legal studies. The text offers an introduction to South African legal history and the structure of the South African legal system, and an orientation to key areas of substantive law. Thoroughly revised and updated, this second edition offers an inclusive, decolonised approach, engaging readers to learn about law with a purposeful and critical perspective that foregrounds social justice and diversity. Introduction to Law and Legal Skills in South Africa is designed to effectively advance the development of knowledge and skills through applied learning and immersion within context. The text provides a solid and innovative foundation for the development of crucial, empowering skills, including reading of legal material, legal writing, legal research, legal problem solving, a nalysis, reasoning, and critical thinking. To ensure clarity and accessibility to a diverse readership, this second edition is developed with the input of specialised language practitioners and student readers. The text serves to empower aspirant readers, and provides a valuable teaching resource for lecturers.

This is not another tedious rulebook littered with unfounded gimmicks contrived at a faculty mixer. Here you will find relevant advice from an attorney who has been writing trial and appellate briefs on the frontlines for two decades. Amid the new material in this expanded edition, Mr. Bowlan subdues the oft dreaded summary judgment response. And the gloves come off when he addresses legal ethics in the Epilogue - "Welcome to the Dark Side" - a must-read for every law student who intends to become a practicing lawyer. What do Trolls, Curmudgeons and Yapping Chihuahuas have to do with legal writing? Open the cover and find out.

Attorneys must develop many skills in order to benefit fully from their collaborations with forensic document examiners in cases involving questioned documents. This comprehensive guide for attorneys provides a thorough grounding in how to prepare for court and deposition testimony. It also explains how to select appropriate comparison documents for forensic document examiners, the basic principles of handwriting identification (the knowledge of which enables lawyers to challenge incorrect statements), and what document examiners can and cannot determine based on the evidence.

When the authenticity of a document is in question in the courtroom, forensic document examiners are brought in to determine such things as whether a signature has been forged, whether the document has been altered, and whether it is all things it purports to be. The examination of suspect documents generally involves comparison with examples of known genuine writing. Attorneys need to know how to select appropriate comparison documents for forensic document examiners. This is but one of the many skills that attorneys must develop in order to benefit fully from their collaborations with forensic document examiners, and it is explained here in detail. So, too, are the basic principles of handwriting identification, the knowledge of which enables lawyers to challenge incorrect statements. This comprehensive and thorough guide for attorneys also explains what document examiners can and cannot determine based on the evidence, and it provides a thorough grounding in how to prepare for court and deposition testimony.

Among the many unique features of this attorney's guide is an extensive list of questions for lawyers to ask their own, and their opponent's, expert witnesses before going to trial. The deposition of a forensic document examiner includes questions relating to the examiner's experience, working methodology, background and education, knowledge base, certifications, achievements, and many other items relating to the examiner's abilities. Next, an extensive set of questions helps lawyers ask for the right information pertaining to the examiner's specific methods of preparation for the case at hand. After the deposition is taken, the expert must be qualified in court; this book includes 60 qualifying questions. After qualification, it is time to move on to questions about document examination and the case being litigated. Finally, new questions pertaining specifically to the cross-examination of document examiners are presented, once again relating to credentials and a given case. This valuable resource concludes with a chapter describing the relevance of various court citations involving handwriting. Appendices are devoted to suggested reading; a resource list of experts related to the field, including photographers, librarians, and appraisers; organizations; and a glossary of technical terms.

The use of microcomputers as decision aids in law practice is increasing rapidly. Nagel here shows how developments in software over the last few years are making microcomputers practically indispensable to lawyers as decision aids. This is in contrast to his earlier book on "Microcomputers as Decision Aids in Law Practice." It dealt speculatively with ways in which decision-aiding software could be used by lawyers for judicial prediction, litigation strategy, allocating scarce resources, and negotiation-mediation.

The book is divided into three parts covering general developments, specific lawyer skills, and application to all fields of law. The first part previews various uses of decision-aiding software by practicing lawyers, including a general discussion of the potential and actual benefits of such software. How decision-aiding software enhances specific lawyer skills comprises the second and largest part of the work. Among the topics discussed are computer-aided counseling, computer-aided mediation, legal policy evaluation and computer-aided advocacy, law prediction, and legal administration. In the third part, Nagel assesses applications of decision-aiding software to all fields of law, with an emphasis on contracts, property, torts, family law, criminal law, constitutional law, economic regulation, international law, civil procedure, and criminal procedure. In a provocative concluding chapter, he deals with the thorny issues of individual ethics and professional responsibility in the context of microcomputers. Because decision-aiding software encourages decision makers to be much more explicit about their goals than they otherwise would be, its use raises questions as to whose goals should be pursued and to what degree. This is a nuts-and-bolts guidebook that will be a valuable tool for practicing attorneys with some knowledge of microcomputers and is recommended reading for legal scholars and law students.

This book presents surveys of significant trends in contemporary philosophy. Contributing authors explore themes relating to justice including natural rights, equality, freedom, democracy, morality and cultural traditions. Key movements and thinkers are considered, ranging from ancient Greek philosophy, Roman and Christian traditions to the development of Muslim law, Enlightenment perspectives and beyond. Authors discuss important works, including those of Aristotle, Ibn Khaldun, John Locke, Immanuel Kant and Mary Wollstonecraft. Readers are also invited to examine Hegel and the foundation of right, Karl Marx as a utopian socialist and the works of Paul Ricoeur, amongst the wealth of perspectives presented in this book. Through these chapters, readers are able to explore the relationship of the state to justice and consider the rights of the individual and the role of law. Contributions presented here discuss concepts including Sharia law, freedom in the community and Libertarian Anarchism. Readers may follow accounts of justice in the Scottish Enlightenment and consider fairness, social justice and the concept of injustice. The surveys presented here show different approaches and a variety of interpretations. Each contribution has its own bibliography.

Legal English: How to Understand and Master the Language of Law offers a contemporary guide for students and practitioners alike who want to improve their language skills and build confidence in communicating effectively from the classroom to the courtroom. The second edition has been completely revised and updated to cover all aspects of language as used in a legal context where effective communication is crucial to both academic and professional success.

Text extracted from opening pages of book: CONCISE LAW DICTIONARY FOR STUDENTS AND PKACTITIONEBS WITH SUMMARIES OF THE LEADING CASES AND A TRANSLATION OF ROMAN LAW TERMS AND LATIN MAXIMS. BY P. G. OSBORN. LL. B. Of University College, London, of Oray's Inn, Barri& ter-at-Law and of the Inland Revenue Department. LONDON: SWEET & MAXWELL, LIMITED, 2 & 3 CHANCERY LANE, W. C. 2. TORONTO: THE CAR8WELL COMPANY, LIMITED. SYDNEY, MELBOURNE, BRISBANE: THE LAW BOOK COMPANY OP AUSTRALASIA, LIMITED. 1927; ( Printed in England.) PREFAB. VVP THIS book is an attempt to provicre a concise law dictionary for the use of the practitioner and the student, in which the words and phrases, the rules and doctrines of the law of England, are defined and explained. Matter of mere antiquarian interest has been excluded, and space has been found to give on subjects of importance fuller notes than are usually attempted. For instance, in addition to the ordinary definition of an infant, I have endeavoured to state concisely his liability in contract and tort, with a reference to the cases. To assist the student in his reading, the more important terms of the Roman Law have been included. To write a law book without cases is like building a house without foundations. This Dictionary is unique in my experience in. giving a summary of the leading cases in all the important branches of the law. The principle laid down or exemplified by the case is stated together, where necessary, with a brief statement of the facts, and the decision. References to the cases are made throughout under the proper headings. The student has to become familiar with a good many cases, and these notes, in a convenient form for reference, should prove of assistance. As the titles are arranged in strict alphabetical order, no references are of course given to pages. iv PREFACE. The effect of the new Property Acts and other recent statutes has been noted. I am under a particular obligation to Mr. Byrne for the free use I have made of his monumental Law Dictionary, and to Mr. J. L. Montrose, LL. B., Barrister at-Law, for reading the proofs and making many suggestions. I am indebted to my brother Mr. Harold Osborn and to Miss Helene Ross, B. A,, of University College, for their invaluable assistance. Any imper fections which may appear I very much regret, but the sacrifice of many leisure hours will not have been in vain if I am able to help the student along his interest ing but intricate way. P. G. 0. Work, work while it is yet day, and in your lives let there be no misspent hours. ( WiLLis, Law of Negotiable Securities, 4th ed., p. 171.) ( y ) LATIN FOR LAWYERS. ACCENT AND PRONUNCIATION. Accent. ( 1) In words of two syllables the accent is always on the first. E. g., bo-na, ju'-ris, / 6-rum. ( 2) In words of three or more syllables, the accent falls on the last syllable but one ( penultimate) if its vowel sound is long, but otherwise on the last but two ( ante-penultimate). E. g., tnan-da'-ta, per-so-tice, wa-tri-wio-m-um, cd-ve-at, Jwe-re-dt-tas. Pronunciation. The Latin alphabet is the same as the English except that it has no w. On the whole, the letters and combinations of letters ( e. g., er, or, oh, th) are pronounced as in English. I. VOWELS. The vowel sounds, as in English, may be either long or short. If short they are frequently indeterminate in unaccented syllables. For instance a, unless in the final syllablebefore a consonant, often has the sound of the final a in America. E. g., men-set, a-cu-ttts. Such indeterminate vowels are left unmarked in the examples given. THE LONG VOWELS ( a as in / ate, e in mete, I in pine, 6 in note, u in tube, y in type) are used in the following cases: ( 1) In final syllables ending in a vowel. E. g., con-di-ti-o ( kondfehio), / i-de-i ( fidel), si-tu ( situ). ( 2) In all syllables before a vowel or a diphthong. E. g., re-us ( reus). ( 3) Generally in accented syllables, other than final, before a single consonant, especially if it is f

In this book, 78 leading attorneys in California and New York describe how they evaluate, negotiate and resolve litigation cases. Selected for their demonstrated skill in predicting trial outcomes and knowing when cases should be settled or taken to trial, these attorneys identify the key factors in case evaluation and share successful strategies in pre-trial discovery, negotiation, mediation, and trials. Integrating law and psychology, the book shows how skilled attorneys mentally frame cases, understand jurors' perspectives, develop persuasive themes and arguments and achieve exceptional results for clients.

Show me the math is the first book of its kind entirely dedicated to understanding all of the strategic benefits, importance, and the value of cost estimates for corporate clients as well as law firms. Leveraging a 20-year career in corporate legal operations, Richard Brzakala reviews a plethora of topics on cost estimates and presents an in-depth analysis of the cost estimate framework and what clients (and firms) see as the most valuable components of a cost estimate strategy. The book also tackles operational and implementation topics, the dos and don'ts of successful implementation, and a special focus on overcoming challenges and meeting client expectations. This is a comprehensive insider's view of what corporate clients expect from their panel firms and a playbook on how cost estimates can improve a firm's market competitiveness in an increasingly homogenized and challenging legal marketplace. Drawing on nearly two decades of legal operations experience, servicing multiple clients and hundreds of law firms in dozens of countries, Richard has compiled his observations on how cost estimates can benefit corporate clients, legal professionals, finance and marketing experts, law students, alternative legal providers, and procurement and pricing specialists, and assist them in managing their matters, costs, and overall relationships.

This unique book offers a practical guide to deconstructing judgments for the purpose of fair criticism and appeal. It shows how judgments are written and examines the style and language of judges expressing judicial opinion. It will assist experienced practitioners, newly appointed recorders and tribunal chairman. The work is founded upon independent research in the form of interviews conducted with judges at every level from deputy district judge to Lords of Appeal in ordinary, and the practical application of existing academic material more usually devoted to the structure and analysis of wider prose writing. It is illustrated by reference to reported judgments, both well-known and obscure, of the past 100 years. Contents include: .The nature of judgment .How to read a judgment .The use of language in judicial opinion .Argument and legal logic .Fair criticism .Writing judgments .How judges decide .The appellate judgment .Problems with law reporting .Judicial style The author is a practising barrister in the UK and a Professor of Mediation for a US university.

Lopeman examines the impact advocacy of intentional judicial activism by a justice of a state supreme court can have on establishing the court as a policy maker. He examines the attitudinal model and the judicial role model of decision making and concludes that, while the attitudinal model might describe the decision-making process in the U.S. Supreme Court, the judicial role model better describes decision making in state supreme courts. This judicial role model allows the activist to transform a court into a policy maker.

The traditions, recent history, and biographies of recent justices of the Indiana, West Virginia, and Ohio courts are examined to establish a significant relationship between the presence of an activist advocate justice and active policy making by the courts. These courts' decisions in cases with policy making potential are contrasted with decisions in similar cases of three state supreme courts that did not have an advocate justice. Lopeman argues that the presence of an activist advocate explains a court's transformation to active policy making, and that other apparent explanations are insufficient. He emphasizes that the motives of an activist advocate are likely to determine the permanence of policy making in the court. This volume is an important resource for political scientists, legal scholars, and other researchers involved with judicial decision making, state politics, and state constitutional law.

We will begin this inquiry into innovating to "future-proof" our practices, not with the question of how to innovate, but rather with why we should concern ourselves with innovation. Because if we don't get the why right, none of the rest of our work on innovation will matter. We will move on from the question of why innovate to the business context in which all innovation occurs in this age. We won't dwell on the changes in the legal market already amply covered in the legal press-flat demand, plummeting realization, pressure to price differently, etc. Instead, we'll explore the broader business climate and technological context in which all practice will operate in the future. Our starting point will be to explore how profoundly dissatisfied our clients have become with traditional law firm service levels. As cordial as those clients may be over lunch or a round of golf, when truly pressed, most will admit to real frustration with how glacial the pace of change is inside law firms. Next, we'll move to a technology focus. This concerns radical shifts in our society that will reshape how we do everything...including law. Technology already in the pipeline will cause breathtaking transformations in our business and personal lives, whether we innovate or not. Changes wrought by this technology will exceed our imagination's ability to foresee them, will exceed even the ability of our best futurists to predict what will happen. We will then explore the competitive environment in which Midsize firms will be operating over the near and medium terms. Already, huge shifts in the economics of practice have taken place-largely driven by competitors from outside the traditional legal sector. In order to prepare to meet such emerging competition, you need to understand it. Next, we will talk about the skill deficits you have to remedy to compete in an age that expects Amazons and Ubers. We can argue about whether law school training properly equips young lawyers for substantive law practice. But there can be no argument about whether young lawyers emerge into practice equipped to manage the business of law-even the basics of it. They clearly do not. And most lawyers leave themselves in that state throughout their careers. From there, we will explore particular skills in more depth. In separate chapters, we will talk about: - Developing a baseline of service design skills using Design Thinking resources that are now available to lawyers, - Building a profit model and other business metrics capabilities that are essential as a means of measuring the efficacy of our innovation efforts, - Adding project management skills to firms to enhance our ability to manage both the everyday complexities of practice, as well as to carry off ambitious innovation initiatives, - Learning how to deconstruct and rebuild business processes so as to remove cost and add efficiency. This is the area in which our clients are most interested in seeing us innovate. Maybe we should cultivate those skills. For all the gloomy predictions about rising competition and increasing price pressure that you'll find in the pages that follow, I hope you emerge from this study with a sense of optimism. I'm not the only student of this portion of the legal sector to see the opportunities in store for firms that seek to become change leaders.

If we could know in 2020 what we will know in 2025 (only five foreseeable years into the future), how would we change our attitudes, actions, and the way in which we practice law, the services we offer, the clients we target, and the ways in which we choose to deliver our services? Indeed - if we could have known a year ago the events of the first three months in 2020, what might we have done to prepare? The American writer and humorist, Mark Twain, advised: "When everybody is out digging for gold, the business to be in is selling shovels!" So, what foreseeable trend may represent the figurative "shovel" that every client will need tomorrow?

This book is unique among legal manuscripts in that it contains over ten years of writings on the subject of construction adjudication, giving it both a depth and breadth of coverage few publications can match. From the discussion of Macob Civil Engineering Ltd in Chapter 1 to PC Harrington Contractors Ltd in Chapter 41, the reader is treated to a thorough analysis of the significant cases which have been decided since the Housing Grants, Construction and Regeneration Act 1996 entered into force.