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Litigation in the Technology and Construction Court (Construction Practice Series)

by Adam Constable QC Lucy Garrett QC Calum Lamont

The Technology and Construction Court ("TCC") deals with legal cases that often require specialist technical expertise. This can lead to complex and sometimes lengthy proceedings. In light of the Jackson reforms and developments in cost controls in the TCC, the manner in which claims are handled is of paramount commercial importance to lawyers and lay clients alike. This book provides a practical, but intellectually informative guide to dealing with proceedings in the TCC. Looking at the different types of claims which are commonly, and not so commonly, brought in this court, it considers different potential approaches to such claims depending on the circumstances in which parties find themselves. This is a genuine practitioners’ guide, with the principal focus on expeditious, cost-effective case management. Construction practitioners at the Bar, solicitors, adjudicators, arbitrators, and in-house counsel alike, will all find it an invaluable reference for their practice.

Litigation, Costs, Funding and Behaviour: Implications for the Law

by Willem H. van Boom

This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation and professional ethics. The contributors include renowned scholars, experts in their respective fields and well-versed individuals in both civil procedure and the practice of litigation, arbitration and finance. Together, they present a broad approach to the issues of costs, cost-shifting rules and third-party funding. This volume adds to the existent literature in combining topics in law and practice and presents an analysis of the most recent developments in this fast developing area.

Litigation-PR: Alles was Recht ist

by Alexander Schmitt-Geiger Andreas Köhler Lars Rademacher Alice Schwarzer

Dieses Buch fasst die aktuelle Diskussion um die Bedeutung und Funktion der strategischen Rechtskommunikation zusammen. Ausgehend vom amerikanischen Vorbild hat sich die Kommunikationsberatung in und um Gerichtsverfahren in Deutschland und Europa sprunghaft ausgebreitet. Im vorliegenden Band kommen wichtige Vertreter der theoretischen Fundierung und Weiterentwicklung des Feldes ebenso zur Sprache wie die führenden Vertreter der Praxis auf Seiten des Journalismus, der Staatsanwaltschaften bzw. Gerichte und der Beratung.

Little Book of Biblical Justice: A Fresh Approach To The Bible's Teachings On Justice

by Chris Marshall

"The purpose of this Little Book is to identify some characteristic features of the Bible's teaching on justice. "The Bible has had a profound impact on the development of Western culture. So exploring biblical perspectives on justice can help us appreciate some of the convictions and values that have helped shape Western political and judicial thought. "Christians also regard the Bible as a uniquely important source of guidance on matters of belief and practice. What the Bible has to say about justice, therefore -- both social justice and criminal justice -- ought to be of great significance for Christian thought and action today. "Yet coming to grips with biblical teaching on justice is by no means easy." Upfront, Marshall addresses the many complexities that surround "justice" in the Bible: the Bible seems to hold conflicting points of view; there is a huge amount of data to deal with; the world of the Bible and our present world are vastly different. Marshall's honest treatment of this subject is direct, yet almost lyrical in tone. He manages a thorny, multi-faceted subject clearly and ultimately singles out the broad areas of theological agreement among the Bible's writers. Highly stimulating. Highly inspirational.

Little Book of Circle Processes: A New/Old Approach To Peacemaking

by Kay Pranis

Our ancestors gathered around a fire in a circle, families gather around their kitchen tables in circles, and now we are gathering in circles as communities to solve problems. The practice draws on the ancient Native American tradition of a talking piece. Peacemaking Circles are used in neighborhoods to provide support for those harmed by crime and to decide sentences for those who commit crime, in schools to create positive classroom climates and resolve behavior problems, in the workplace to deal with conflict, and in social services to develop more organic support systems for people struggling to get their lives together. A title in The Little Books of Justice and Peacebuilding Series.

Little Book of Dialogue for Difficult Subjects: A Practical, Hands-On Guide

by Lisa Schirch

The word "dialogue" suffers from over-use, yet its practice is as transforming and as freshly hopeful as ever. Authors Schirch and Campt demonstrate dialogue's life and possibilities in this clear and absorbing manual: "Dialogue allows people in conflict to listen to each other, affirm their common ground, and explore their differences in a safe environment." Schirch has worked throughout the Southern hemisphere in peacebuilding projects. Campt has focused on racial and class reconciliation in American cities.

Little Book of Environment and Restorative Justice: A Multidimensional Approach to Undoing Settler Harms (Justice and Peacebuilding)

by Wanbli Wapháha Hokšíla Nirson Medeiros da Silva Neto João Salm Josineide Gadelha Pamplona Medeiros

A restorative approach to environmental justice. This little book discusses paths to address environmental conflicts based on a restorative justice perspective of imagining, practicing, and living justice. It proposes an approach that understands the relationship between humankind and environment beyond the narrow conception of homo economicus, considering the human beings in their social, political, economic, historic, spiritual, cognitive, emotional, aesthetic, and ecological dimensions, as well as in their connection with nature and non-human entities. When applied to environmental problematics, restorative justice needs to widen its perspective beyond an anthropocentric worldview, transcending the interpretation that human beings are the exclusively subjects of dignity, rights, needs, and speech capability. It is necessary to dilate horizons towards non-human entities and the natural spaces we inhabit and with whom we are deeply connected. This dilation should stimulate justice experiences that integrate building peace, sustainability, and good living, beyond ideas such as unlimited economic growth and even sustainable development. To this end, a restorative conception of justice implies an expanded understanding of justice that faces structural, cultural, institutional, and historical violence, as well as deals with intergenerational responsibility that integrate the present generations to those of the past in order to build the desired future for the generations to come.

Little Book of Family Group Conferences New Zealand Style: A Hopeful Approach When Youth Cause Harm

by Allan MacRae

Family Group Conferences (FGCs) are the primary forum in New Zealand for dealing with juvenile crime as well as child welfare issues. This third volume in The Little Books of Justice and Peacebuilding Series is about the juvenile justice system that is built around these conferences. Since their introduction in New Zealand, Family Group Conferences have been adopted and adapted in many places throughout the world. They have been applied in many arenas including child welfare, school discipline, and criminal justice, both juvenile and adult. In fact, FGCs have emerged as one of the most promising models of restorative justice. This Little Book describes the basics and rationale for this approach to juvenile justice, as well as how an FGC is conducted. A title in The Little Books of Justice and Peacebuilding Series.

Little Book of Healthy Organizations: Tools For Understanding And Transforming Your Organization (Little Books Of Justice And Peacebuilding Ser.)

by David Brubaker

The best way to change the world may be one organization at a time. With this ambitious claim, the authors of this highly readable primer provide insightful analysis for evaluating and improving the health of any organization. They advocate a "systems approach," which views organizations as living systems, interconnected in their various departments, and interfacing with their environments. Leaders of organizations from all sectors will find sound advice concerning the four major components of organizations -- their structure, leadership, culture, and environment. Find out: What the classic dispute over "who gets the corner office" is really about. The difference between a good leader and a great one. What new hires may know about an organization that longer-term employees don't. How organizational change and conflict are not only inevitable, but survivable. Each chapter contains examples from the authors' varied experiences with organizational change and conflict, written from a spirited, hopeful approach for creating a better world. A title in The Little Books of Justice and Peacebuilding Series.

Little Book of Listening: Listening as a Radical Act of Love, Justice, Healing, and Transformation (Justice and Peacebuilding)

by John A. Moore Sharon Browning Donna Duffey Fred Magondu Patricia A. Way

A practical guide to listening well in restorative justice programs and any relationship.The Little Book of Listening is an introduction to and practical guide for listening as an emergent strategy for creating a transformed world. It presents radical listening as an essential macro-skill, one that is essential in forming &“right relationships&” with ourselves and others that are the necessary prerequisite to all lasting forms of social change. This is a collaborative book, constructed from the contributions of twenty-six listeners from a wide variety of backgrounds who have shared their strategies, experiences, inspiration, and hopes for a transformed world through listening justly and equitably. One of the primary goals of the book is to offer practical tools for readers to develop the skills to listen to themselves and others more effectively, drawing attention to the barriers and filters that so often distract us from listening. Another goal is to inspire readers through the personal stories of how just listening has impacted the authors and invite readers to adopt these approaches themselves. Finally, we aim for this text to be a resource for practitioners in the fields of justicebuilding and peacebuilding. Conversations are how humans explore new ideas and reach new understandings: paradigms shift and the world is changed by our communication with each other. Whatever processes are used, it is imperative that facilitators and participants listen deeply, humbly, and attentively, without ego or agenda, to themselves and to one another.

Little Book of Restorative Justice for Colleges & Universities: Revised & Updated

by David Karp

Here’s a call to colleges and universities to consider implementing restorative practices on their campuses, ensuring fair treatment of students and staff while minimizing institutional liability, protecting the campus community, and boosting morale. From an associate dean of student affairs who has put these models to work on his campus. Restorative justice is a collaborative decision-making process that includes victims, offenders, and others who are seeking to hold offenders accountable by having them (a) accept and acknowledge responsibility for their offenses, (b) to the best of their ability, repair the harm they caused to victims and communities, and (c) work to reduce the risk of re-offense by building positive social ties to the community. David Karp writes in his introduction, "As a student affairs administrator, I have become deeply committed to the concept and practice of restorative justice. I have experienced how it can work given the very real pressures among campus conduct administrators to manage high case loads, ensure fair treatment, minimize institutional liability, protect the campus community, boost morale in a division with high turnover, and help students learn from their mistakes without creating insurmountable obstacles to their future successes. "

Little Book of Restorative Justice for People in Prison: Rebuilding The Web Of Relationships (The\little Books Of Justice And Peacebuilding)

by Barb Toews

Restorative justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is helping restore prisoners' sense of humanity while holding them accountable for their actions. Toews, with years of experience in prison work, shows how these practices can change prison culture and society. Written for an incarcerated audience, and for all those who work with people in prison, this book also clearly outlines the experiences and needs of this under-represented part of our society. A title in The Little Books of Justice and Peacebuilding Series.

Little Book of Restorative Teaching Tools for Online Learning: Games and Activities for Restorative Justice Practitioners (Justice and Peacebuilding)

by Lindsey Pointer Kathleen McGoey

Creating Restorative Learning Experiences Online Teaching, training, and gathering online has become a global norm since 2020. Restorative practitioners have risen to the challenge to shift restorative justice processes, trainings, and classes to virtual platforms, a change that many worried would dilute the restorative experience. How can people build relationships with genuine empathy and trust when they are not in a shared physical space? How can an online platform become an environment for people to take risks and practice new skills without the interpersonal support available when meeting face to face? This book provides instructions for experiential games and activities that are intentionally designed for online learning spaces. It builds upon the core concepts of restorative pedagogy introduced in The Little Book of Restorative Teaching Tools (2020) to guide trainers and facilitators to overcome perceived limitations of virtual training and lean into the tools and possibilities that are unique to online spaces to create meaningful, engaging restorative learning environments. This guide is a valuable resource for anyone seeking to build community and foster development of restorative justice knowledge and skills via online platforms. The games and activities included support building relationships, introducing the restorative justice philosophy, practicing key skills, and understanding and addressing structural and racial injustices. More resources are available at restorativeteachingtools.com.

Little Book of Strategic Negotiation: Negotiating During Turbulent Times

by Jayne Docherty

Most books on negotiation assume that the negotiators are in a stable settintg. But what about those far thornier times when negotiation needs to happen while other fundamental factors are in uproarious change- deciding which parent will have custody of their child while a divorce is underway; bargaining between workers and management during the course of a merger and downsizing; or establishing a new government as a civil war winds down. From Docherty's experiences in environmental/public policy negotiations and community development work. A title in The Little Books of Justice and Peacebuilding Series.

Little Book of Victim Offender Conferencing: Bringing Victims And Offenders Together In Dialogue (Justice and Peacebuilding)

by Lorraine S. Amstutz

Victim offender dialogues have been developed as a way to hold offenders accountable to the person they have harmed and to give victims a voice about how to put things right. It is a way of acknowledging the importance of the relationship, of the connection which crime creates. Granted, the relationship is a negative one, but there is a relationship. Amstutz has been a practitioner and a teacher in the field for more than 20 years.

Little Pink House: A True Story of Defiance and Courage

by Jeff Benedict

Suzette Kelo was just trying to rebuild her life when she purchased a falling down Victorian house perched on the waterfront in New London, CT. The house wasn't particularly fancy, but with lots of hard work Suzette was able to turn it into a home that was important to her, a home that represented her new found independence. Little did she know that the City of New London, desperate to revive its flailing economy, wanted to raze her house and the others like it that sat along the waterfront in order to win a lucrative Pfizer pharmaceutical contract that would bring new business into the city. Kelo and fourteen neighbors flat out refused to sell, so the city decided to exercise its power of eminent domain to condemn their homes, launching one of the most extraordinary legal cases of our time, a case that ultimately reached the United States Supreme Court. In Little Pink House, award-winning investigative journalist Jeff Benedict takes us behind the scenes of this case -- indeed, Suzette Kelo speaks for the first time about all the details of this inspirational true story as one woman led the charge to take on corporate America to save her home.

Little Shoes: The Sensational Depression-Era Murders That Became My Family's Secret

by Pamela Everett

In the summer of 1937, with the Depression deep and World War II looming, a California triple murder stunned an already grim nation. After a frantic week-long manhunt for the killer, a suspect emerged, and his sensational trial captivated audiences from coast to coast. Justice was swift, and the condemned man was buried away with the horrifying story. But decades later, Pamela Everett, a lawyer and former journalist, starts digging, following up a cryptic comment her father once made about a tragedy in their past. Her journey is uniquely personal as she uncovers her family's secret history, but the investigation quickly takes unexpected turns into her professional wheelhouse. Everett unearths a truly historic legal case that included one of the earliest criminal profiles in the United States, the genesis of modern sex offender laws, and the last man sentenced to hang in California. Digging deeper and drawing on her experience with wrongful convictions, Everett then raises detailed and haunting questions about whether the authorities got the right man. Having revived the case to its rightful place in history, she leaves us with enduring concerns about the death penalty then and now. A journey chronicled through the mind of a lawyer and from the heart of a daughter, Little Shoes is both a captivating true crime story and a profoundly personal account of one family's struggle to cope with tragedy through the generations.

Live Carefully: The Importance of Caring in a Life of Significance

by Jerry Traylor

Live CAREfully is a glimpse into the life of the author, Jerry Traylor. Born with cerebral palsy, Jerry faced physical pain and loneliness that few children ever know. Yet it was this early difficulty that drew others to Jerry in caring and love. The stories included in this book are a powerful example of how caring can mold a life and change a world. Others empowered Jerry to set goals and achieve greatness even in his imperfection. His example compels many to look at their own lives and take positive action.

Live From Death Row

by Mumia Abu-Jamal

Awaiting execution for the murder of a Philadelphia policeman, the author describes the brutality and humiliation of prison life and argues that the justice system is racist and ruled by political expediency.

Live and Let Live: A Critique of Intellectual Tolerance

by Dominik Balg

Tolerance - desired by many and often demanded: By UNESCO, by the Pope, by Angela Merkel and Barack Obama. But what exactly does it mean to be tolerant? Does tolerance imply rejection? Or is tolerance merely the opposite of dogmatism? And how does a tolerant attitude differ from an indifferent one? Dominik Balg, starting from a well-founded explication of the concept of tolerance, subjects a tolerant attitude as an intellectual attitude toward conflicting opinions to a detailed critique and discusses the plausibility of general tolerance claims in specific domains such as politics, religion, or ethics. He considers possible alternatives to a tolerant attitude and presents with intellectual open-mindedness and humility two substantial attitudes that can be clearly distinguished from a tolerant attitude and - in contrast to tolerance - can also be easily demanded on a general level. - With a foreword by Thomas Grundmann. This book is a translation of the original German 1st edition Leben und leben lassen by Dominik Balg, published by J.B. Metzler, an imprint of Springer-Verlag GmbH Germany, part of Springer Nature in 2020. The translation was done with the help of artificial intelligence (machine translation by the service DeepL.com). A subsequent human revision was done primarily in terms of content, so that the book will read stylistically differently from a conventional translation. Springer Nature works continuously to further the development of tools for the production of books and on the related technologies to support the authors.

Live to Regret

by Terence Faherty

Ex-seminarian turned sleuth Owen Keane has been hired to look into the strange behavior of his friend and former colleague, Harry Ohlman, whose wife, Mary, was tragically killed in an auto accident. While observing Harry during his retreat in a small seashore town, Owen can't resist the allure of Diana Lord, an enigmatic beauty obsessed by a death that had occurred there many years before. But as Owen gets closer to the truth about Harry, he is forced to confront his own feelings for Mary and his unsettled score with his friend-as crimes of the heart, past and present, unfold in Spring Lake and a town gives up its secrets.

Livelihoods, Natural Resources, and Post-Conflict Peacebuilding (Post-Conflict Peacebuilding and Natural Resource Management)

by Helen Young Lisa Goldman

Sustaining and strengthening local livelihoods is one of the most fundamental challenges faced by post-conflict countries. By degrading the natural resources that are essential to livelihoods and by significantly hindering access to those resources, conflict can wreak havoc on the ability of war-torn populations to survive and recover. This book explores how natural resource management initiatives in more than twenty countries and territories have supported livelihoods and facilitated post-conflict peacebuilding. Case studies and analyses identify lessons and opportunities for the more effective design of interventions to support the livelihoods that depend on natural resources – from land to agriculture, forestry, fisheries, and protected areas. The book also explores larger questions about how to structure livelihoods assistance as part of a coherent, integrated approach to post-conflict redevelopment. Livelihoods and Natural Resources in Post-Conflict Peacebuilding is part of a global initiative to identify and analyze lessons in post-conflict peacebuilding and natural resource management. The project has generated six books of case studies and analyses, with contributions from practitioners, policy makers, and researchers. Other books in this series address high value resources, land, water, assessing and restoring natural resources, and governance.

Lives Entrusted: An Ethic of Trust for Ministry (Prisms Series)

by Barbara J. Blodgett

This book is about communities of faith and their leaders, and it argues that they should better learn how to practice trust. The book comprises five chapters. Chapter 1 defines trust and explains how it works between individuals and within communities. Chapter 2 takes up the issue of confidentiality in the ministry. Chapter 3 draws upon the work of Michael Power on the proliferation of "audit societies." Chapter 4 addresses gossip, and Chapter 5 deals with the temptation of clergy to bullshit.

Lives in the Balance: Asylum Adjudication by the Department of Homeland Security

by Philip G. Schrag Andrew I. Schoenholtz Jaya Ramji-Nogales

Although Americans generally think that the U.S. Department of Homeland Security is focused only on preventing terrorism, one office within that agency has a humanitarian mission. Its Asylum Office adjudicates applications from people fleeing persecution in their homelands. Lives in the Balance is a careful empirical analysis of how Homeland Security decided these asylum cases over a recent fourteen-year period.Day in and day out, asylum officers make decisions with life-or-death consequences: determining which applicants are telling the truth and are at risk of persecution in their home countries, and which are ineligible for refugee status in America. In Lives in the Balance, the authors analyze a database of 383,000 cases provided to them by the government in order to better understand the effect on grant rates of a host of factors unrelated to the merits of asylum claims, including the one-year filing deadline, whether applicants entered the United States with a visa, whether applicants had dependents, whether they were represented, how many asylum cases their adjudicator had previously decided, and whether or not their adjudicator was a lawyer. The authors also examine the degree to which decisions were consistent among the eight regional asylum offices and within each of those offices. The authors’ recommendations­, including repeal of the one-year deadline­, would improve the adjudication process by reducing the impact of non-merits factors on asylum decisions. If adopted by the government, these proposals would improve the accuracy of outcomes for those whose lives hang in the balance.

Lives of Lawyers Revisited: Transformation and Resilience in the Organizations of Practice

by Michael J. Kelly

The past two decades have seen profound changes in the legal profession. Lives of Lawyers Revisited extends Michael Kelly's work in the original Lives of Lawyers,offering unique insights into the nature of these changes, examined through stories of five extraordinarily varied law practices. By placing the spotlight on organizations as phenomena that generate their own logic and tensions,Lives of Lawyers Revisited speaks to the experience of many lawyers and anticipates important issues on the professional horizon. "Michael Kelly has done it again! His Lives of Lawyers Revisited is a very easy read about some very difficult notions like 'litigation blindness' and law as a business. It presents some fascinating perspectives on our profession." --J. Michael McWilliams, Past President, American Bar Association. "The best single book about the American realities and possibilities of the American legal profession, combining an empathic and insightful account of law practice with a penetrating analysis of the wider context of professional work." --Marc Galanter, University of Wisconsin. "Michael Kelly believes that professional values and conduct are not realized in codes, but in the experiences of practice, and that practice draws its routines and ideals from organizations. Through his studies of lawyers in various firms, closely observed and sympathetically described, Kelly reveals how differently organizations adapt to the intense pressures of today's practice environment. His method of linking individual life-experiences to organizational strategies and the external constraints of competition and client demands infuses realism and richness into the concept of professionalism and makes this one of the most interesting and original books on professions and professionalism to appear in years." --Robert W. Gordon, Yale Law School. "In his two volumes of Lives of Lawyers, Michael Kelly explores legal ethics in an unusual, and unusually rewarding, way. Rather than focusing on rules or arguments, Kelly looks at the kind of lives lawyers lead. Ethics, Socrates thought, is about how to live one's life, and Kelly takes the Socratic question to heart. He explores the institutions lawyers work in and the choices they make. He writes with intelligence, great insight, and above all with heart. This is a superb book." --David Luban, Georgetown University. Michael J. Kelly is President and Chairman of the Board of the National Senior Citizens Law Center, an advocacy group for older Americans of limited means.

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