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Lawyers in Practice: Ethical Decision Making in Context
by Levin Leslie C. Lynn MatherHow do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.
Lawyers in Practice: Ethical Decision Making in Context (Chicago Series in Law and Society)
by Lynn Mather Leslie C. LevinHow do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.
Lawyers' Ethics
by Allan GersonFrequently the ethical attorney finds himself in a position where he can no longer reconcile con-flicting responsibilities he owes to his clients with those he owes so-ciety and himself. Faced with the dilemma of choice among coun-tervailing and competing obliga-tions, he has little training and precedence to guide him. If he is over forty, the overwhelming probability is that he never took a course on legal ethics; if he looks for a general, up-to-date text to provide insight, he will look in vain. Nor is there a developed body of case law from which to glean an appropriate course of action.This vacuum of authoritative formulations of responsible be-havior is a matter of concern not only to the legal profession, but to all sectors of American society. Lawyers shape the mores and thoughts of all of us. Their will is exerted not only in modifying our national institutions, but ulti-mately our individual, personal sense of values.This volume serves two impor-tant purposes: it provides the interested professional and lay reader with an appreciation of thespectrum of the ethical dilemmas confronting the legal profession, and it provides a sense of balance about the competing consid-erations present in each of these dilemmas. At a time when the legal profession is under attack both from within and without, this book represents some of the best critical thinking by lawyers about their role and responsibilities in American society.
Lawyers' Ethics and the Pursuit of Social Justice
by Robert W. Gordon Susan D. CarleLegal ethics should be far more than a set of rules on professional responsibility; they can serve as a means for changing power relations, empowering the disenfranchised, and advocating progressive social change. Lawyers' Ethics and the Pursuit of Social Justice broadens the discussion on legal ethics by first introducing the historical and theoretical background and then connecting it to real world issues while addressing lawyers' ethical obligations to work for social justice.The reader features differing critical approaches and opens up new avenues of ethical debate. While the literature included is diverse and interdisciplinary, it shares a vision of legal ethical inquiry as a means for changing power relations, empowering the disenfranchised, and advocating progressive social change. Through a combination of provocative selections, lively writing, concrete examples of cases and social movements, and incisive editorial commentary, Lawyers 'Ethics and the Pursuit of Social Justice defines the emergence of an exciting new field of critical legal ethics scholarship.
Lawyers' Language: The Distinctiveness of Legal Language
by Alfred PhillipsAn interesting examination of law as language use or discourse, this study looks at the transformation of ordinary language into a special discourse for the purposes of the legal system. It is widely accepted that legal discourse is obscure, and often the public resent the fact that access to the law of the land is obstructed by the opaqueness of legal language. This book argues that the development and maintenance of law's special language can be justified. The myth that law can be written in either plain' or ordinary' language is exploded, and the linguistic obscurity of law is traced to its necessary complexity. The notion of representation is applied to the relation that exists between legal language and ordinary language.
Lawyers, Clients and Moral Responsibility (2nd Edition)
by Robert F. Cochran Thomas L. ShafferThis second edition of the authors influential LAWYERS, CLIENTS, AND MORAL RESPONSIBILITY explores the place of moral and social values in the law office with the use of engaging stories, dialogues and discussion. The book presents a practical way for lawyers to raise and discuss moral issues with clients. It will serve as an engaging supplement to professional responsibility, client-counseling, and legal clinic courses. This second edition adds substantial discussion of the place of moral discourse within law firms and corporations, ways to engage the powerless client in moral discourse, and the place of social justice in client counseling.
Lawyers, Lead On: Lawyers with Disabilities Share Their Insights
by Rebecca S. Williford Carrie A. Basas Stephanie L. EnyartThis inspiring book contains letters of encouragement and advice from lawyers with disabilities to law students and new lawyers with disabilities. The writers share their perspectives on work and disability, based on their own experiences of success and setbacks.
Lawyers, Swamps, and Money: U.S. Wetland Law, Policy, and Politics
by Royal C GardnerLawyers, Swamps, and Money is an accessible, engaging guide to the complex set of laws governing America's wetlands. After explaining the importance of these critical natural areas, the book examines the evolution of federal law, principally the Clean Water Act, designed to protect them. Readers will first learn the basics of administrative law: how agencies receive and exercise their authority, how they actually make laws, and how stakeholders can influence their behavior through the Executive Branch, Congress, the courts, and the media. These core concepts provide a base of knowledge for successive discussions of: the geographic scope and activities covered by the Clean Water Act the curious relationship between the U.S. Army Corps of Engineers and the Environmental Protection Agency the goal of no net loss of wetlands the role of entrepreneurial wetland mitigation banking the tension between wetland mitigation bankers and in-lieu fee mitigation programs wetland regulation and private property rights. The book concludes with insightful policy recommendations to make wetlands law less ambiguous and more effective. A prominent legal scholar and wetlands expert, professor Royal C. Gardner has a rare knack for describing landmark cases and key statutes with uncommon clarity and even humor. Students of environmental law and policy and natural resource professionals will gain the thorough understanding of administrative law needed to navigate wetlands policy-and they may even enjoy it.
Law’s Abnegation
by Adrian VermeuleAdrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.
Law’s Detour: Justice Displaced in the Bush Administration (Critical America #24)
by Peter MarguliesFrom the Justice Department’s memos defending coerced interrogation to Alberto Gonzales’ firing of U.S. Attorneys who did not fit the Bush Administration’s political needs, Law’s Detour paints an alarming picture of the many detours that George W. Bush and his allies created to thwart transparency and undermine the rule of law after September 11, 2001. Pursuing those detours, Bush officials set up a law-free zone at Guantánamo, ordered massive immigration raids that separated families, and screened candidates for civil service jobs to ensure the hiring of “real Americans.”While government needs flexibility to address genuine risks to national security—which certainly exist in the post-9/11 world—the Bush Administration’s use of detours distracted the government from urgent priorities, tarnished America’s reputation, and threatened voting and civil rights. In this comprehensive analysis of Bush officials’ efforts to stretch and strain the justice system, Peter Margulies canvasses the costs of the Administration’s many detours, from resisting accountability in the war on terrorism to thwarting economic and environmental regulation. Concise and full of compelling anecdotes, Law’s Detour maps these aberrations, surveys the damage done, and reaffirms the virtues of transparency and dialog that the Bush administration dismissed.
Law’s Ethical, Global and Theoretical Contexts
by Christopher Mccrudden Baxi, Upendra and McCrudden, Christopher and Paliwala, Abdul Upendra Baxi Abdul PaliwalaLaw's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human rights debates, and the relationship between human rights and peace agreements. Part II assesses the impact of globalization through the lenses of sociology and comparative constitutionalism, and features an analysis of the development of pluralistic ideas of law in the context of privatization. Finally, Part III addresses issues of legal theory, including whether global legal pluralism needs a concept of law, the importance of context in legal interpretation, the effect of increasing digitalization on legal theory, and the utility of feminist and postmodern approaches to globalization and legal theory.
Law’s Memories (Palgrave Socio-Legal Studies)
by Matt HowardThis book discusses the relationship between law and memory and explores the ways in which memory can be thought of as contributing to legal socialization and legal meaning-making. Against a backdrop of critical legal pluralism which examines the distributedness of law(s), this book introduces the notion of mnemonic legality. It emphasises memory as a resource of law rather than an object of law, on the basis of how it substantiates senses of belonging and comes to frame inclusions and exclusions from a national community on the basis of linear-trajectory and growth narratives of nationhood. Overall, it explores the sensorial and affective foundations of law, implicating memory and perceptions of belonging within this process of creating legality and legitimacy. By identifying how memory comes to shape and inform notions of law, it contributes to legal consciousness research and to important questions informing much socio-legal research.
Lay Down My Sword and Shield (A Holland Family Novel #1)
by James Lee BurkeVintage James Lee Burke: The first novel introducing the memorable Texas sheriff Hackberry Holland, coming of age against the backdrop of the civil rights era in a sultry border town.In hot and sultry Texas, Hack, an attorney and Korean War POW, is being pushed by his wife, his brother, and his so-called friends in the oil business to run for political office. But Hack would prefer to drink, look after his beloved horses, and represent the occasional long-shot pro bono case at his law firm. When Hack attempts to overturn a conviction for an old army buddy, he finds himself embroiled in the seamy underbelly of the Texas patronage system—and in the earliest beginnings of the United Farm Workers movement, led by a beautiful woman who speaks to his heart in a way no one else has. As Hack begins to bring justice to the underserved, he finds both a new love and a new purpose. With his skillful blend of engaging plotlines, compelling characters, and graceful prose, James Lee Burke demonstrates the shimmering clarity of vision that has made him beloved by suspense fans all over the globe.
Lay and Expert Contributions to Japanese Criminal Justice: Legal Outsiders
by Erik HerberThis book examines the little or not previously researched roles and contributions of non-legal professionals in Japanese criminal justice against the background of recent social and legal changes that either gave birth to or affected the roles played by these "outsiders". On the basis of a wealth of primary and secondary sources, including meeting records of policy makers and practitioners, surveys, interviews and court verdicts, the book zooms in on forensic psychiatrists’ role in the disappearance of criminally insane defendants from Japanese criminal courts; social workers’ new role in diverting a growing number of elderly, mentally disturbed repeat offenders from prison; the therapeutic dimension added to Japanese criminal justice proceedings with the introduction of a system of victim participation as well as the increasingly important role of forensic scientists’ contributions, notably DNA evidence, in Japanese courts. Finally, it examines lay judges’ contributions to sentencing practices as well as how these lay judges make sense of the other outsiders’ contributions. On the basis of very recent social and legal developments the book provides an original contribution to understandings of Japanese criminal justice, as well as more general socio-legal debates on the role of extra-legal knowledge in criminal justice. The book will be of value within BA and MA level courses on and to students and researchers of Japanese law and society as well as comparative criminal justice and socio-legal theory.
Layered Global Player
by Henri De WaeleLayered Global Player offers a concise but thorough overview of the principles of EU external relations law. By closely examining the role of the European Union on the global scene, it aims to provide a systematic overview of the relevant rules and competences, reflecting the legal developments in their historical and political context. The book contains up-to-date analyses of topics such as the Common Foreign and Security Policy, the Common Security and Defence Policy and the Common Commercial Policy. Moreover, it devotes specific attention to the EU's external powers with regard to the environment, fundamental human rights and development cooperation. It also includes a dedicated chapter exploring the relations with neighbouring countries, as well as one that elucidates the complex interplay between rules of domestic, European and international provenance. Overall, this book couples an innovative design with comprehensive coverage and an engaging style of writing. Its compactness and accessibility enable readers to master the main features of this dynamic field of law with ease, making it an indispensible resource for scholars and practitioners alike.
Laying Down the Law: Mysticism, Fetishism, and the American Legal Mind (Critical America #83)
by Pierre SchlagIn the collected essays here, Schlag established himself as one of the most creative thinkers in the contemporary legal academy. To read them one after another is exhilarating; Schlag's sophistication shines through. In chapter after chapter he tackles the most vexing problems of law and legal thinking, but at the heart of his concern is the questions of normativity and the normative claims made by legal scholars. He revisits legal realism, eenergizes it, and brings readers face-to-face with the central issues confronting law at the end of the 20th century.--Choice, May 1997 Pierre Schlag is the great iconoclast of the American legal academy. Few law professors today are so consistently original, funny, and provocative. But behind his playful manner is a serious goal: bringing the study of law into the late modern/ postmodern age. Reading these essays is like watching a one-man truth squad taking on all of the trends and movements of contemporary jurisprudence. All one can say to the latter is, better take cover.--J. M. Balkin, Lafayette S. Foster Professor, Yale Law School At a time when complaints are heard everywhere about the excesses of lawyers, judges, and law itself, Pierre Schlag focuses attention on the American legal mind and its urge to lay down the law. For Schlag, legalism is a way of thinking that extends far beyond the customary official precincts of the law. His work prompts us to move beyond the facile self- congratulatory self-representations of the law so that we might think critically about its identity, effects, and limitations. In this way, Schlag leads us to rethink the identities and character of moral and political values in contemporary discourse. The book brings into question the dominant normative orientation that shapes so much academic thought in law and in the humanities and social sciences. By pulling the curtain on the rhetorical techniques by which the law represents itself as coherent, rational, and stable, Laying Down the Law discloses the grandiose (and largely futile) attempts of American academics to control social and political meaning by means of scholarly missives.
Laying Down the Law: The American Legal Revolutions in Occupied Germany and Japan
by R. W. KostalAfter WWII, U.S. leaders sought to create liberal rule-of-law regimes in Germany and Japan, but the effort was often unsuccessful. Kostal argues that the manifest failings of America’s own rule-of-law democracy were partially to blame, weakening U.S. credibility and resolve and revealing the country’s ambiguous status as a global moral authority.
Laypeople in Law: Socio-Legal Perspectives on Non-Professionals
by Guillaume Mouralis Ulrike Zeigermann Andrea KretschmannThis book contributes to a better understanding of the role laypeople hold in the social functioning of law.It adopts the scholarly insight that the law is unthinkable without an everyday legal understanding of the law pursued by laypeople. It engages with the assumption that not only the law’s existence but also its development is shaped by the layperson’s affirmations, oppositions, ignorance, or negations of the law. This volume thus aims to fill a void in socio-legal studies. Whereas many sociolegal theories tend to conceptualize the law through legal experts’ actions, institutions, procedures, and codifications, it argues that such a viewpoint underestimates the role of laypeople in the law’s processing and advocates for a strengthened conceptual place in socio-legal theory.This book will appeal to socio-legal scholars and sociologists (of law), as well as to legal practitioners and laypersons themselves.
Laytime and Demurrage (Lloyd's Shipping Law Library)
by John SchofieldLaytime and Demurrage is the leading authority for all queries pertaining to this vital aspect of maritime law. It has continued to offer reliable, authoritative, and in-depth analysis since the first edition published in 1986. Praised for its unrivalled coverage and lucid writing style, this book provides a comprehensive overview of all aspects of laytime and demurrage, tracing the development of the law from its origins in the nineteenth century right up to the present day. The author delivers an in-depth analysis of both fixed and customary laytime clauses, the rules relating to commencement of laytime in berth, dock and port charters, and discusses under which circumstances laytime can be suspended. Furthermore, it analyses demurrage rules and vital issues such as despatch, detention and frustration. This seventh edition includes all key judicial and arbitral decisions reported since the sixth edition published in 2011. It also covers suffixes in connection with laytime measured in terms of Working days and Weather Working Days, and disputes arising from tender of NORs at the end of the sea passage. Laytime and Demurrage is an invaluable guide for both legal practitioners and maritime professionals worldwide, including commodity traders and brokers, shipping companies, P&I Clubs, shipowners, charterers, and arbitrators.
Laytime and Demurrage (Lloyd's Shipping Law Library)
by John SchofieldLaytime and Demurrage is the leading authority for all queries pertaining to this vital aspect of maritime law. It has continued to offer reliable, authoritative, and in-depth analysis since the first edition published in 1986. Praised for its unrivalled coverage and lucid writing style, this book provides a comprehensive overview of all aspects of laytime and demurrage, tracing the development of the law from its origins in the nineteenth century right up to the present day. The author delivers an in-depth analysis of both fixed and customary laytime clauses, the rules relating to commencement of laytime in berth, dock and port charters, and discusses under which circumstances laytime can be suspended. Furthermore, it analyses demurrage rules and vital issues such as despatch, detention and frustration. This eighth edition includes all key judicial and arbitral decisions reported since the seventh edition published in 2016. It also covers suffixes in connection with laytime measured in terms of Working days and Weather Working Days, and disputes arising from tender of NORs at the end of the sea passage. Laytime and Demurrage is an invaluable guide for both legal practitioners and maritime professionals worldwide, including commodity traders and brokers, shipping companies, P&I Clubs, shipowners, charterers, and arbitrators.
Lazarus And The Hurricane: The Freeing Of Rubin Hurricane Carter
by Sam Chaiton Terry SwintonThis remarkable true story begins in a Brooklyn ghetto when a group of Canadians meet Lesra, an illiterate black teenager who won their hearts. They bring Lesra to Toronto to help with his education. While learning to read, Lesra finds a copy of Rubin Carter's The Sixteenth Round. Rubin Carter, the subject of Bob Dylan's song "Hurricane", was a #1 middleweight boxing contender who had been wrongfully imprisoned after a white jury found him guilty of the murder of three whites in 1966. A huge public outcry followed the publication of Carter's memoir The Sixteenth Round in 1974, culminating in a retrial, which was a virtual reenactment of the original travesty, with Carter receiving the same triple-life sentence. Inspired by Lesra's passion, his adopted Canadian family made contact with Carter and reinvigorated the legal battle. The Hurricane is the moving story of the eight year struggle Carter and his Canadian friends waged to win his exoneration and freedom.
Lazarus At The Table: Catholic And Social Justice
by Bernard F. Evans"Lazarus at the Table" is the fruit of more than two decades of instructing students in the social teachings of the Catholic Church. For most of these years Bernard Evans has taught graduate students. Lately he also teaches lay Catholics engaged in parish ministry and enrolled in diocesan ministry formation programs. This book is written specifically for the latter group. <P> Evans agrees with the bishops of the United States who insist that any Catholic education that does not include Catholic social teaching is not fully Catholic. And so he writes clearly, concisely, and convincingly about how Catholic social teaching addresses such contemporary issues as human dignity, abortion, assisted suicide and euthanasia, embryonic stem cell research, the death penalty, war, family, marriage, poverty, superfluous income, just wages, unions, peace, solidarity, and many more. Excerpts from the church's official teachings in papal documents abound throughout the book. "Bernard Evans holds the Virgil Michel Ecumenical Chair in Rural Social Ministries at Saint John's School of Theology'seminary, Collegeville, Minnesota. "
Lazy, Crazy, and Disgusting: Stigma and the Undoing of Global Health
by Alexandra Brewis Amber WutichDrawing on the authors' keen observations and decades of fieldwork, Lazy, Crazy, and Disgusting combines a wide array of ethnographic evidence from around the globe to demonstrate conclusively how stigma undermines global health's basic goals to create both health and justice.
Le Droit de traduire: Une politique culturelle pour la mondialisation (Regards sur la traduction)
by Salah BasalamahCet ouvrage étudie les conditions d’émergence historiques et discursives du « droit de (la) traduction » et du droit qui l’administre : le droit d’auteur. Privilégiant une approche essentiellement archéologique, l’auteur montre comment la conception classique de la traduction a joué un rôle sensible dans la formation du discours juridique qui a contribué à l’avènement de l’auteur et de son droit tels que conçus aujourd’hui. L’auteur examine les implications culturelles, politiques et éthiques du droit de traduire, surtout pour les pays en développement, engageant par là une perspective postcoloniale. Soucieuse d’une meilleure diffusion du patrimoine culturel mondial, la politique du droit de traduire qu’il propose n’interroge pas seulement le droit d’auteur comme catalyseur de la marchandisation de la production intellectuelle, mais également le droit international comme instrument de l’impérialisme culturel de la mondialisation. Conçu désormais hors du champ juridique traditionnel mais plutôt dans celui d’une résistance politique, l’auteur démontre comment le droit de traduction devient alors un « droit à la traduction ». Publié en français
Le procès de Hissein Habré: Comment les Tchadiens ont traduit un tyrant en justice
by Celeste HicksLa condamnation de Hissein Habré pour crimes contre l'humanité a été décrite comme "un tournant pour la justice des droits humains en Afrique et au-delà". Pour la première fois, un criminel de guerre africain était condamné sur le sol africain. Pour avoir, dès le début, suivi le procès et interrogé de nombreuses personnes impliquées, la journaliste Celeste Hicks raconte la remarquable histoire de la manière dont Habré a été traduit en justice. Sa condamnation fait suite à une campagne héroïque de 25 ans menée par des militants et des survivants des atrocités de Habré qui a abouti, malgré l'indifférence internationale, l'opposition des alliés de Habré et plusieurs tentatives infructueuses de le traduire en justice en Europe et ailleurs. Face à de telles difficultés, la condamnation d'un dirigeant, autrefois intouchable, représente un tournant majeur, et a de profondes implications pour la justice africaine et l'avenir de l'activisme pour les droits humains dans le monde.