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This book provides an empirically grounded, in-depth investigation
of the ethical dimensions to in-house practice and how legal risk
is defined and managed by in-house lawyers and others. The growing
significance and status of the role of General Counsel has been
accompanied by growth in legal risk as a phenomenon of importance.
In-house lawyers are regularly exhorted to be more commercial,
proactive and strategic, to be business leaders and not (mere)
lawyers, but they are increasingly exposed for their roles in
organisational scandals. This book poses the question: how far does
going beyond being a lawyer conflict with or entail being more
ethical? It explores the role of in-housers by calling on three key
pieces of empirical research: two tranches of interviews with
senior in-house lawyers and senior compliance staff; and an
unparalleled large survey of in-house lawyers. On the basis of this
evidence, the authors explore how ideas about in-house roles shape
professional logics; how far professional notions such as
independence play a role in those logics; and the ways in which
ethical infrastructure are managed or are absent from in-house
practice. It concludes with a discussion of whether and how
in-house lawyers and their regulators need to take professionalism
and professional ethicality more seriously.
Vaughan's perceptive analysis of EU chemicals regulation vividly
portrays new governance as an intricate world of 'hybrid'
governance. It is a world in which a range of legislative and
non-legislative texts and tools encounter one another in normative
frameworks that are rather more fluid than fixed. Not only do we
learn a great deal about EU chemicals regulation, our understanding
of the complex legal character of new governance in the EU is
greatly enriched.' - Kenneth Armstrong, University of Cambridge,
UK'This fascinating and original monograph examines the EU's
innovative regime for the regulation of chemicals. It will be of
great interest to lawyers and political scientists who are
interested in chemicals regulation, but also crucially to those who
are not. The volume uses chemicals regulation as a case study to
shed light upon broader debates in EU law and governance, including
the role played by 'soft law' instruments in EU law and the
pressing accountability issues to which this gives rise.' - Joanne
Scott, University College London, UK 'Steven Vaughan's book on the
EU's REACH regime is a splendid case study in new governance. It
has been said that 'there is nothing more practical than a good
theory.' Producing a good, practical theory, however, requires not
just strong academic skills, but also practical experience. Vaughan
brings both to the task of analyzing how 'new governance' plays out
in the area of chemical regulation. His insightful analysis
demonstrates that much highbrow academic theory on REACH and new
governance is inaccurate.' - Lucas Bergkamp, Partner, Hunton &
Williams, Brussels This perceptive book provides an exploratory,
explanatory and normative account of the EU Regulation on the
Registration, Evaluation, Authorization and Restriction of
Chemicals (REACH), and its regulator, the European Chemicals Agency
(ECHA). With more than one million words of official ECHA guidance
to accompany and underpin the 516 pages of REACH, comprehension of
these cooperative regimes is often confounded. Through rigorous
analysis of REACH and ECHA's guidance, this book offers a critical
insight into hybrid new governance, the situation whereby hard law
is conjoined with soft law. Steven Vaughan uses his practical and
academic expertise in environmental law to present an accessible
and multidimensional account of the core elements of REACH and its
associated guidance. The overarching discussion challenges existing
assumptions about new governance to establish a basis for academic
commentaries on EU chemicals regulation and hybridity in law and
governance. Acute and discerning, this book will act as a useful
reference tool for environmental and public law scholars and
students interested in EU chemicals regulation, new governance and
hybridity. Legal practitioners and policy makers alike will find
value in the acumen into REACH for both advisory remarks and areas
of potential reform.
This book provides an empirically grounded, in-depth investigation
of the ethical dimensions to in-house practice and how legal risk
is defined and managed by in-house lawyers and others. The growing
significance and status of the role of General Counsel has been
accompanied by growth in legal risk as a phenomenon of importance.
In-house lawyers are regularly exhorted to be more commercial,
proactive and strategic, to be business leaders and not (mere)
lawyers, but they are increasingly exposed for their roles in
organisational scandals. This book poses the question: how far does
going beyond being a lawyer conflict with or entail being more
ethical? It explores the role of in-housers by calling on three key
pieces of empirical research: two tranches of interviews with
senior in-house lawyers and senior compliance staff; and an
unparalleled large survey of in-house lawyers. On the basis of this
evidence, the authors explore how ideas about in-house roles shape
professional logics; how far professional notions such as
independence play a role in those logics; and the ways in which
ethical infrastructure are managed or are absent from in-house
practice. It concludes with a discussion of whether and how
in-house lawyers and their regulators need to take professionalism
and professional ethicality more seriously.
Clinical Legal Education (CLE) can be defined in broad terms as the
study of law through real, or simulated, casework. It enables
students to experience the law in action and to reflect on those
experiences. CLE offers an alternative learning experience to the
traditional lecture/seminar method and allows participants to take
the study of law beyond the lecture theatre and library. CLE has
been a part of English law schools for several decades and is
becoming an increasingly popular component of a number of
programmes. It is also well established in North America, Australia
and many other countries around the globe. In some law schools, CLE
is credit-bearing; in others, it is an extracurricular activity.
Some CLE schemes focus on social-welfare law, whilst others are
commercially orientated. A number are run in conjunction with
third-sector organisations and many are supported by private
practice law firms. This edited collection brings together
academics, lawyers, third-sector organisations and students to
discuss the present experience and potential of CLE. As such, it
will be of interest to a wide and diverse audience, both within and
outside the UK.
Clinical Legal Education (CLE) can be defined in broad terms as the
study of law through real, or simulated, casework. It enables
students to experience the law in action and to reflect on those
experiences. CLE offers an alternative learning experience to the
traditional lecture/seminar method and allows participants to take
the study of law beyond the lecture theatre and library. CLE has
been a part of English law schools for several decades and is
becoming an increasingly popular component of a number of
programmes. It is also well established in North America, Australia
and many other countries around the globe. In some law schools, CLE
is credit-bearing; in others, it is an extracurricular activity.
Some CLE schemes focus on social-welfare law, whilst others are
commercially orientated. A number are run in conjunction with
third-sector organisations and many are supported by private
practice law firms. This edited collection brings together
academics, lawyers, third-sector organisations and students to
discuss the present experience and potential of CLE. As such, it
will be of interest to a wide and diverse audience, both within and
outside the UK.
We are currently witnessing an unprecedented transformation in the
legal profession and legal education. The Legal Services Act 2007
and the Legal Aid, Sentencing and Punishment of Offenders Act 2012
have both enabled and necessitated dramatic structural changes to
the profession, as well as impacting on its ethos and ethicality.
The recent Legal Education and Training Review (LETR) promises
similarly dramatic change to the provision of legal education,
reflecting the shifting landscape of both the legal professional
market and Higher Education in general. These transformative
changes bring both exciting opportunities and challenges with which
everyone involved in the law - from University lecturers, to Senior
Partners in leading law firms, to the judiciary - must grapple.
This edited collection comprises a selection of papers presented at
the 2nd conference of CEPLER, Birmingham Law School's Centre for
Professional Legal Education and Research. The aim of the
Conference, and thus this collection, was to bring together leading
academic scholars, senior figures from professional practice,
policy-makers, and representatives of the regulatory authorities,
to reflect on the key issues arising from this transformative
moment. As such, this volume of essays covers diverse ground, from
curriculum development to professional theory, enriched and
enhanced by the range of backgrounds and perspectives of its
contributors.
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