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Books > Law > Jurisprudence & general issues > Legal skills & practice
LEGAL ANALYSIS AND WRITING, 4TH EDITION helps you analyze statutes
and case law and draft legal memoranda. In addition to the
fundamentals of good writing, legal or otherwise, the book
illustrates how to analyze and brief cases, identify key facts and
legal issues, and apply case law and counteranalysis to legal
matters. Going beyond mere explanations, the book shows you how to
apply concepts to hypothetical situations, draft legal memoranda
and correspondence, and scrutinize legal citations and Web research
to develop a thorough understanding of the analytical and writing
responsibilities you will undertake as a paralegal. Legal Analysis
and Writing, 4th Edition is a robust resource that includes a host
of available supplemental tools designed to enhance learning.
“Baby safe haven” laws, which allow a parent to relinquish a
newborn baby legally and anonymously at a specified institutional
location—such as a hospital or fire station—were established in
every state between 1999 and 2009. Promoted during a time of heated
public debate over policies on abortion, sex education, teen
pregnancy, adoption, welfare, immigrant reproduction, and child
abuse, safe haven laws were passed by the majority of states with
little contest. These laws were thought to offer a solution to the
consequences of unwanted pregnancies: mothers would no longer be
burdened with children they could not care for, and newborn babies
would no longer be abandoned in dumpsters. Yet while these laws are
well meaning, they ignore the real problem: some women lack key
social and economic supports that mothers need to raise children.
Safe haven laws do little to help disadvantaged women. Instead,
advocates of safe haven laws target teenagers, women of color, and
poor women with safe haven information and see relinquishing
custody of their newborns as an act of maternal love. Disadvantaged
women are preemptively judged as “bad” mothers whose babies
would be better off without them. Laury Oaks argues that the
labeling of certain kinds of women as potential “bad” mothers
who should consider anonymously giving up their newborns for
adoption into a “loving” home should best be understood as an
issue of reproductive justice. Safe haven discourses promote narrow
images of who deserves to be a mother and reflect restrictive views
on how we should treat women experiencing unwanted pregnancy.
A famous defender of the underdog, the oppressed, and the
powerless, Clarence Darrow (1857-1938) is one of the true legends
of the American legal system. His cases were many and various, but
all were marked by his unequivocal sense of justice, as well as his
penchant for representing infamous and unpopular clients, such as
the Chicago thrill killers Leopold and Loeb; Ossian Sweet, the
African American doctor charged with murder after fighting off a
violent white mob in Detroit; and John T. Scopes, the teacher on
trial in the famous Scopes Monkey Trial. Published for the first
time in 1957, "Attorney for the Damned" collects Darrow's most
influential summations and supplements them with scene-setting
explanations and comprehensive notes by Arthur Weinberg. Darrow
confronts issues that remain relevant over half a century after his
death: First Amendment rights, capital punishment, and the
separation of church and state. With an insightful forward by
Justice William O. Douglas, this volume serves as a powerful
reminder of Darrow's relevance today.
This book is about the role of lawyers in constructing a just
society. Its central objective is to provide a deeper understanding
of the relationship between lawyers' commercial aims and public
aspirations. Drawing on interdisciplinary and comparative
perspectives, it explores whether lawyers can transcend
self-interest to meaningfully contribute to systems of political
accountability, ethical advocacy and distributional fairness. Its
contributors, some of the world's leading scholars of the legal
profession, offer evidence that although justice is possible, it is
never complete. Ultimately, how much - and what type of - justice
prevails depends on how lawyers respond to, and reshape, the
political and economic conditions in which they practise. As the
essays demonstrate, the possibility of justice is diminished as
lawyers pursue self-regulation in the service of power; it is
enhanced when lawyers mobilize - in the political arena, workplace
and law school - to contest it.
This extensively revised second edition is a rigorous introduction
to the construction and criticism of arguments about questions of
fact, and to the marshalling and evaluation of evidence at all
stages of litigation. It covers the principles underlying the logic
of proof; the uses and dangers of story-telling; standards for
decision and the relationship between probabilities and proof; the
chart method and other methods of analyzing and ordering evidence
in fact-investigation, in preparing for trial, and in connection
with other important decisions in legal processes and in criminal
investigation and intelligence analysis. Most of the chapters in
this new edition have been rewritten; the treatment of fact
investigation, probabilities and narrative has been extended; and
new examples and exercises have been added. Designed as a flexible
tool for undergraduate and postgraduate courses on evidence and
proof, students, practitioners and teachers alike will find this
book challenging but rewarding.
As a result of Brexit, and the subsequent move by companies and
organisations from London to continental European capital cities
(eg. Amsterdam, Frankfurt, Paris), as well as further globalisation
and analysis of referral work, international law firms have made it
a strategic priority to expand their capabilities and to enter new
markets. They can do so by merging with or taking over a national
independent law firm, via lateral hires and/or by the onboarding of
teams. Each of these strategies requires a thorough approach and
methodology. Strategies for Growth in Law Firms, coordinated by
Gerard Tanja and Robert van Beemen of Venturis Consulting, explores
some of the crucial elements relating to international growth
strategies in the legal sector: law firm mergers, market entries,
the onboarding of teams, and the development of international
referral strategies. It includes coverage of: *Which strategies
international firms pursue with a market entry; *How they identify
and assess the (potential) candidate firms; *How they ensure they
hire the right teams; and *What national independent boutiques (as
popular candidates) take into consideration when merging with an
international firm. It provides in-depth insights, practical tools
and case studies regarding the methodologies, execution and
implementation of growth strategies for law firms, as well as an
overview of the developments in the various international legal
markets (Europe, Asia, Latin-America) and of the different
international growth strategies pursued by international law firms,
the Big 4 and alternative legal service providers, including the
implementation of these strategies (post-merger integration). This
title will be of use to both international law firms and national
boutique firms in the US, UK, EU and Asia. It provides valuable
guidance for managing directors, business development directors,
partners and managers responsible for the development of the
international network of law firms, and general counsel will also
find it beneficial.
Winner of The Nora and Ted Sterling Prize in Support of
Controversy, Simon Fraser University Originally approved as a
master of laws thesis by a respected Canadian university, this book
tackles one of the most compelling issues of our time--the crime of
genocide--and whether in fact it can be said to have occurred in
relation to the many Original Nations on Great Turtle Island now
claimed by a state called Canada. It has been hailed as
groundbreaking by many Indigenous and other scholars engaged with
this issue, impacting not just Canada but states worldwide where
entrapped Indigenous nations face absorption by a dominating
colonial state.Starblanket unpacks Canada's role in the removal of
cultural genocide from the Genocide Convention, though the
disappearance of an Original Nation by forced assimilation was
regarded by many states as equally genocidal as destruction by
slaughter. Did Canada seek to tailor the definition of genocide to
escape its own crimes which were then even ongoing? The crime of
genocide, to be held as such under current international law, must
address the complicated issue of mens rea (not just the commission
of a crime, but the specific intent to do so). This book permits
readers to make a judgment on whether or not this was the
case.Starblanket examines how genocide was operationalized in
Canada, focused primarily on breaking the intergenerational
transmission of culture from parents to children. Seeking to absorb
the new generations into a different cultural
identity--English-speaking, Christian, Anglo-Saxon, termed
Canadian--Canada seized children from their parents, and oversaw
and enforced the stripping of their cultural beliefs, languages and
traditions, replacing them by those still in process of being
established by the emerging Canadian state. She outlines the array
and extent of the destruction which inevitably took place as part
of the effort to bring about such a wrenching change--forcible
indoctrination by means of massive and widespread death by disease
and dilapidated living conditions, torture, forced starvation,
labor, and sexual predation--collateral damage to Canada's effort
to absorb diverse original nations into one larger, alien and
dominating body politic. The cumulative effects of genocide
continue to be exhibited by the survivors and their descendants who
suffer from the trauma and dysfunction, primarily in healthy proper
parenting, which results in ongoing forcible removals via the child
welfare systems to this day.
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.
In-house practice is an increasingly popular career choice, both
for new entrants to the profession and for individuals moving away
from traditional private practice. The opportunities are exciting
but the challenges of being a regulated individual in a different
environment should not be underestimated. In-house counsel must be
able to identify and comply with the non-negotiable regulatory and
ethical duties expected of them by the Solicitors Regulation
Authority. Whereas private practitioners have the benefit of safety
in numbers in a team environment with common professional
objectives, this is not automatically the case for in-house
counsel. The latter might be used as the ethical voice or heartbeat
of their organisation, but it is not uncommon for them to be
regarded as the facilitators of advice about how to find ways round
obstacles, or to shoulder the blame if there is criticism. Being an
in-house solicitor requires an understanding of tensions that might
not exist in private practice and knowing when to challenge
inappropriate behaviour. This book provides guidance on essential
regulatory and ethical knowledge. The challenges of in-house
practice are discussed with commentary on the tensions that might
exist such as when the business is global or when business risks
are not managed properly. There is analysis of team leader
responsibilities and a discussion of the pinch points of being
employed as lone lawyer. It also contains contributions from
thought leaders and experts, and case studies and examples of
disciplinary action are used to support your understanding of this
essential topic.
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.
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.
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