Legal ethics and professional conduct Books

Book SynopsisMatthew Stone asks what unites apparently disparate applications of Levinas' ideas about law and explores the ethical challenge of law's relationship with 'the Other'. Ultimately, he is sceptical that Levinasian ethics can be invested in legal institutions and instead proposes that it should be embodied in the perpetual critique of law.Table of ContentsAcknowledgements; Part I: The Importance of Ethics; 1. Introduction: The Law's Other; 2. The Ethics of Emmanuel Levinas; Part II: Ethics and Law; 3. Can Law Be Ethical?; 4. Adjudication, Obligation, and Human Rights: Applying Levinas's Ethics; Part III: Ethics Against the Law; 5. The Law of the Same: Levinas and the Biopolitical Limits of Liberalism; 6. Law, Ethics, and Political Subjectivity; Bibliography; Index.

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Book SynopsisMatthew Stone asks what unites apparently disparate applications of Levinas' ideas about law and explores the ethical challenge of law's relationship with 'the Other'. Ultimately, he is sceptical that Levinasian ethics can be invested in legal institutions and instead proposes that it should be embodied in the perpetual critique of law.

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Book SynopsisThis open access book explores the conditions under which habit – and pre-reflective agency – can remain at the service of our ethical lives. What if data-intensive technologies’ ability to mould habits with unprecedented precision is also capable of triggering some mass disability of profound consequences? What if we become incapable of modifying the deeply-rooted habits that stem from our increased technological dependence? On an impoverished understanding of habit, the above questions are easily shrugged off. Habits are deemed rigid by definition: ‘as long as our deliberative selves remain capable of steering the design of data-intensive technologies, we’ll be fine’. To question this assumption, this book first articulates the way in which the habitual stretches all the way from unconscious tics to purposive, intentionally acquired habits. It also highlights the extent to which our habit-reliant, pre-reflective intelligence normally supports our deliberative selves. It is when habit rigidification sets in that this complementarity breaks down. The book moves from a philosophical inquiry into the ‘double edge’ of habit — its empowering and compromising sides — to consideration of individual and collective strategies to keep habits at the service of our ethical life. Allowing the norms that structure our forms of life to be cotton-wooled in abstract reasoning is but one of the factors that can compromise ongoing social and moral transformations. Systems designed to simplify our practical reasoning can also make us ‘sheep-like’. Drawing a parallel between the moral risk inherent in both legal and algorithmic systems, the book concludes with concrete interventions designed to revive the scope for normative experimentation. It will appeal to any reader concerned with our retaining an ability to trigger change within the practices that shape our ethical sensibility. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Mozilla Foundation.Trade ReviewThe flow of thought is compelling, but it is also a dance of the intellect, where you need to stand back after each section to marvel at where it has taken you and is about to take you. * BJGP Life *Table of ContentsI. What is a Habit? II. The Habitual and the Ethical: Unhappy Marriage? III. Why Does ‘Habitual Ethics’ Matter Today? IV. Chapters Overview PART I HABIT AND INDIVIDUAL AGENCY 1. From Facts to Norms (and Back) I. Defining ‘the Natural’ (and the Role of Science) A. When ‘the Natural’ is Restricted to that which is the Result of Elementary Forces B. Inhabited Nature II. The ‘Motivation Problem’ III. ‘Following a Rule’ A. ‘Primitive Appropriateness’ B. Dispositions, the Possibility of Mistakes and ‘Primitive Inappropriateness’ 2. Habit and Skill Acquisition I. Skilful Coping and Skilful Action II. The Structure of the Environment and its Impact on Skill Acquisition A. The ‘Skilled Intuitions’ Stance B. The ‘Heuristics and Bias’ Stance C. Explaining Divergent Stances on Intuitive Expertise by Reference to the Structure of the Environment III. ‘Tacit’ Learning Attitude(s) A. Automaticity and Availability to Conscious Awareness B. Automaticity and Adaptability i. External Goal Adaptability ii. Adaptability of One’s Self-understanding 3. Routine and Rigidified Habits I. Teleologically Indeterminate Professional Encounters A. The Situational Vulnerability at the Heart of the Lay–Professional Encounter B. The Particular Responsibility that Stems from Lay Situational Vulnerability II. Humility and ‘Sophia’: Pre-Conditions of Habit Plasticity? III. Obstacles to Habit Plasticity in Professional Contexts A. Case Study B. The Emotional and Physiological Costs of Habit Reversal C. Balancing Model Stability and Habit Plasticity within the Learning Process 4. Growing Out of the Habitual I. Growing Out of the Habitual: Habit versus Reason II. When ‘Reason’ Shields Us from Normative Significance 5. Growing within the Habitual I. Responsiveness to Reasons A. Why ‘Reasons’? B. The Gap between ‘Reasons’ and Normative Significance II. Habit and the Work of Attention A. GP Consultation with Seemingly ‘Peripheral’ Child Safeguarding Concerns B. Imposing a Mental Defence in Criminal Law C. Seeing Past Habitual Salience and the Role of Personal Encounters III. Responsiveness to the Other: A Forgotten Capability? A. Selective Responsiveness and the Possibility of Immanent Critique B. A Pervasive – Yet Optimistic – ‘Mode of Being Ethical’? C. Compromised ‘Forms of Life’ PART II COLLECTIVE HABITS AND MORAL TRANSFORMATIONS 6. Law and Habits I. The Narrow View: The Step from ‘the Pre-Legal to the Legal’ A. Organically Grown Customs versus ‘Constitutive’ Practices B. Addressing a ‘Defective’ Form of Social Control Through ‘Official’ Rules C. Accounting for the Emergence of Law as a Normative Phenomenon II. Non-Deliberative Components within a Genealogy of Legal Normativity A. Habit Hostility B. Habit Ambivalence i. The Wittgensteinian Take on ‘Custom’ ii. The Weberian Narrative C. From Collective Patterns of Behaviour to Legal Norms III. The Types of Habits Law May Foster A. Qualitatively Different Habits B. Division of Normative Labour and its Moral Risks C. Legal Institutional Structures, Alienation Risks and Habit Rigidification 7. Algorithmic Habits and Social Transformations I. Inferred Traits and Optimisation Endeavours A. Profile-based, Personalised Optimisation Tools B. Manipulation as Hidden and Non-deliberative Interventions II. Precluded Transformations: Alienation Through Reification A. Narrowing of Imaginative Horizons B. Habitats and their Inherent Narrowing of Encountered Worldviews C. Habitat Co-construction and the Possibility of Experimentation III. Ensemble Contestability A. Case Study B. From ‘Passive’ and Individualist Explanations to Ensemble Contestability IV. Bottom-up Data Trusts

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Book SynopsisThe Law of Solicitors' Liabilities, previously known as Solicitors' Negligence and Liability, provides a comprehensive guide to all aspects of solicitors’ negligence, liability in equity and wasted costs. Written by leading practitioners in the field, it deals with a variety of topics, from general principles to specific situations, providing practical guidance to the procedural aspects of bringing and defending a claim for solicitors’ negligence. The new fourth edition includes: - A new chapter on insurance law focusing on a number of key topics which arise, particularly in relation to solicitors’ insurance: aggregation; condonation; definition of private legal practice; notification; possibly successor practice rules. - Updated case law to cover all recent Supreme Court and Court of Appeal decisions, eg Hughes-Holland v BPE (Supreme Court) scope of duty and extent of damages; Redler v AIB (Supreme Court): breach of trust; Lowick Rose v Swynson (Supreme Court): lifting the corporate veil in claims against professionals; Tiuta International v de Villiers (Court of Appeal): lenders’ claims, impact of a remortgage on damages; Wellesley v Withers (Court of Appeal): test for remoteness of damage; and E Surv v Goldsmith Williams (Court of Appeal): implied duty on solicitors in lenders’ claims. - Regulatory/disciplinary developments, eg revised SRA Code of Conduct. This title is included in Bloomsbury Professional's Professional Negligence Law online service.Trade ReviewThis is a book which has gone from strength to strength. * The Commonwealth Lawyer *The book is both succinct and comprehensive, and I shall have no hesitation in making it my first port of call when required to research a knotty point about solicitors. * Gregory Treverton-Jones QC, The Law Society Gazette *Table of ContentsSection A Civil Law Claims Part 1 General Principles Chapter 1 The solicitor’s duties in contract and tort Chapter 2 Breach of duty Chapter 3 Causation and quantum of damages in contract and tort Chapter 4 Claims in equity Chapter 5 Authority, vicarious liability and undertakings Chapter 6 Solicitors’ duties of confidentiality Chapter 7 Limitation Chapter 8 Contributory negligence and contribution Part 2 Specific Claims Chapter 9 Real Estate Chapter 10 Lenders’ claims Chapter 11 Wills, estates and trusts Chapter 12 Litigation Part 3 Procedure Chapter 13 Costs orders against solicitors Chapter 14 Disclosure and privilege Section B Professional Regulation And Discipline Chapter 15 The regulation of solicitors Chapter 16 Disciplinary proceedings Chapter 17 Insurance

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Book SynopsisMaking unprecedented use of his position as a Harvard Business School faculty member, this title takes readers inside HBS in order to draw vivid parallels between the socialization of faculty and of students. It reveals the role of silence and ambiguity in HBS' process of codifying morals and business values.Trade Review"In this first-rate organizational ethnography, Michel Anteby describes the ethos of a premier institution and how it shapes the worldviews and moral rules-in-use of its faculty, staff, and students." -Robert Jackall, author of Moral Mazes: The World of Corporate Managers "Michel Anteby's spare but well-chosen words offer an up-close and personal look at the inner workings of what many call the West Point of American capitalism.... Manufacturing Morals is a deft reimagining of organizational silence as sometimes a message, a provocation, a comfort, or an excuse." -John Van Maanen, MIT"

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Book SynopsisHow 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? This book intends to present empirical research on ethical decision making in a variety of practice contexts.Trade Review"With Lawyers in Practice, Leslie C. Levin and Lynn Mather break new ground. This is the first book to locate the ethical and unethical behavior of lawyers in the details of their varied practice contexts; the contributors make a convincing case that we can only understand lawyers' behavior contextually. Very thorough, illuminating, and persuasive." (Richard Abel, University of California, Los Angeles)"

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Book SynopsisHow 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? This book presents research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law.Trade Review"With Lawyers in Practice, Leslie C. Levin and Lynn Mather break new ground. This is the first book to locate the ethical and unethical behavior of lawyers in the details of their varied practice contexts; the contributors make a convincing case that we can only understand lawyers' behavior contextually. Very thorough, illuminating, and persuasive." (Richard Abel, University of California, Los Angeles)"

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Book SynopsisDeparting from the usual discussions of public morality, and considering the moral interests of the community as a whole, this book is a contribution to this intensely debated theme and considers how public morality can be justified in theory and accommodated in practice in a liberal society.Trade Review“One seldom sees a thoughtful, well-reasoned argument for serious public morality today—by serious I mean backed by the sanction of law—especially one meant to appeal both to believers and unbelievers. This is such a book. With it, Harry M. Clor has shed light on the most confusing issue of our age: the place of public morality in liberal society.” -- Crisis

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Book SynopsisFred Bell is an experienced career banker with extensive risk management leadership expertise. Working over 39 years in the Royal Bank of Scotland (RBS), he has held senior leadership roles including Head of Operational Risk in the RBS Wealth Division, Head of Risk at Tesco Personal Finance and Head of the RBS Bank of China Risk Programme. Bell established and ran RBS's first dedicated business continuity function. Trade Review"Culture and (in some cases) the unethical behaviour of bankers has emerged as an important theme since the global financial crisis. Culture, Conduct and Ethics in Banking by Fred Bell is a comprehensive, thoughtful and practical resource for students, practitioners and regulators wishing to understand and evaluate the importance of culture and ethics in the modern financial services industry." * Professor John O.S. Wilson, Director, Centre for Responsible Banking & Finance, University of St Andrews *"A well-informed text from an experienced author across a range of providers and locations. The inclusion of relevant, topical ethical dilemmas is very welcome. This is a must for all involved in the sector, whether they be academics, early career professionals or those with managerial responsibilities." * Paul Raby FCIB, FHEA, PGCE, ACIB, Senior Lecturer, Manchester Metroplitan Univeristy *"Across a range of contexts, this book highlights a number of important issues associated with culture, conduct and ethics to accentuate the significance of professionalism for banks. The use of simple language, eloquence and an applied approach make it easily comprehensible for the readers with diverse backgrounds." * Dr Navjot Sandhu, Associate Professor in Finance, Birmingham City University *"A comprehensive book that explains ethical theory and professionalism and applies this to real-world examples. This should be required reading for professionals and for banking and finance students." * Stuart Finnerty, Reader in Banking, Manchester Metropolitan University & Chartered Banker *"An interesting book! It helps bankers better understand the ethical challenges of their profession." * Dr. Pejman Abedifar, Lecturer in Banking & Finance, Programme Director, MSc in Banking & Finance, School of Management, University of St Andrews *Table of Contents Chapter - 00: Introduction; Chapter - 01: Ethics theory; Chapter - 02: Professionalism and ethics in banking; Chapter - 03: Ethical decision making in practice; Chapter - 04: A short history of banking; Chapter - 05: An overview of regulation and legislation in banking; Chapter - 06: Corporate governance; Chapter - 07: Conduct and culture in banking; Chapter - 08: Conduct risk management; Chapter - 09: Corporate social responsibility and environmental issues; Chapter - 10: Ethics and technology;

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Book SynopsisFred Bell is an experienced career banker with extensive risk management leadership expertise. Working over 39 years in the Royal Bank of Scotland (RBS), he has held senior leadership roles including Head of Operational Risk in the RBS Wealth Division, Head of Risk at Tesco Personal Finance and Head of the RBS Bank of China Risk Programme. Bell established and ran RBS's first dedicated business continuity function. Trade Review"Culture and (in some cases) the unethical behaviour of bankers has emerged as an important theme since the global financial crisis. Culture, Conduct and Ethics in Banking by Fred Bell is a comprehensive, thoughtful and practical resource for students, practitioners and regulators wishing to understand and evaluate the importance of culture and ethics in the modern financial services industry." * Professor John O.S. Wilson, Director, Centre for Responsible Banking & Finance, University of St Andrews *"A well-informed text from an experienced author across a range of providers and locations. The inclusion of relevant, topical ethical dilemmas is very welcome. This is a must for all involved in the sector, whether they be academics, early career professionals or those with managerial responsibilities." * Paul Raby FCIB, FHEA, PGCE, ACIB, Senior Lecturer, Manchester Metroplitan Univeristy *"Across a range of contexts, this book highlights a number of important issues associated with culture, conduct and ethics to accentuate the significance of professionalism for banks. The use of simple language, eloquence and an applied approach make it easily comprehensible for the readers with diverse backgrounds." * Dr Navjot Sandhu, Associate Professor in Finance, Birmingham City University *"A comprehensive book that explains ethical theory and professionalism and applies this to real-world examples. This should be required reading for professionals and for banking and finance students." * Stuart Finnerty, Reader in Banking, Manchester Metropolitan University & Chartered Banker *"An interesting book! It helps bankers better understand the ethical challenges of their profession." * Dr. Pejman Abedifar, Lecturer in Banking & Finance, Programme Director, MSc in Banking & Finance, School of Management, University of St Andrews *Table of Contents Chapter - 00: Introduction; Chapter - 01: Ethics theory; Chapter - 02: Professionalism and ethics in banking; Chapter - 03: Ethical decision making in practice; Chapter - 04: A short history of banking; Chapter - 05: An overview of regulation and legislation in banking; Chapter - 06: Corporate governance; Chapter - 07: Conduct and culture in banking; Chapter - 08: Conduct risk management; Chapter - 09: Corporate social responsibility and environmental issues; Chapter - 10: Ethics and technology;

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Book SynopsisFighting for Virtue investigates how Thailand's judges were tasked by the late King Bhumibol Adulyadej (Rama IX) in 2006 with helping to solve the country's intractable political problems—and what happened next. Across the last decade of Rama IX's rule, Duncan McCargo examines the world of Thai judges: how they were recruited, trained, and...Trade ReviewThis is an original, heavily researched, fascinating, highly readable, and ultimately frightening book. * Bangkok Post *Fighting for Virtue makes an original contribution to critical debates about the rule of law in Southeast Asia. It will be an essential point of reference for anyone interested in understanding the morbid politics of the final decade of King Bhumibol's reign. For both these reasons, it deserves to be read widely. * Contemporary Southeast Asia *Duncan McCargo has tackled yet another fascinating aspect of Thailand's politics in Fighting for Virtue. McCargo treats the reader to an abundance of details, thoughtful analysis, and savvy observation. Overall, this book is an important contribution that will be cited for years to come. * Pacific Affairs *Fighting for Virtue is a compelling text that portrays the dynamics of a complicated judiciary, a central player in the fractious political landscape of contemporary Thailand. It is highly recommended to readers of political anthropology, legal studies, history, political science and Southeast Asian studies. * The London School of Economics and Political Science *Table of ContentsPreface Introduction: Legalism and Revival of Treason 1. Privileged Caste? 2. Bench and Throne 3. Challenges to the Judiciary 4. Against the Crown? 5. Computer Compassings 6. Against the State 7. Crimes of Thaksin 8. Courting Constitutionalism Conclusion: The Trouble Is Politics Notes Index

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Book SynopsisThis volume provides different disciplinary and cultural perspectives on the ethical and political ramifications of the incommensurable yet inextricable relationships among law, justice, and power.Trade Review"...Cheng does a superb job, at the outset, of summarizing and explaining the major concepts and issues..." -- Law and Politics Book Review

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Book SynopsisWritten by the leading authority on legal decision making, Professional Judgment for Lawyers integrates empirical legal research, cognitive and social psychology, organizational behavior, legal ethics, and neuroscience to understand and improve decision making by attorneys, clients, judges, arbitrators, mediators, and juries.Trade Review‘Buy it. Read it. Make better judgments and decisions. … Professional Judgment for Lawyers can help you understand what is going on, become more self-aware, understand your cognitive limitations, and know how to get help when you need it. … Like all of Kiser's books, Professional Judgment for Lawyers is well written, accessible, and a pleasure to read. … Law schools should offer courses on this subject with this book as the core text. Law firms should conduct in-house seminars and workshops with this book as the guide. Bar associations should offer CLE programs based on Professional Judgment for Lawyers."‘This new book, like Randy Kiser’s others, truly is a must-read. It showcases his unusual and enviable talent for pulling together empirical work from very diverse fields. So insightful for practice and law teaching alike. Highly recommend.’ -- Donna Shestowsky, Director of Lawyering Skills Education and Martin Luther King, Jr. Professor of Law, U.C. Davis School of Law, US‘Randy Kiser’s Professional Judgment for Lawyers is a tour-de-force book every lawyer, law student, judge, arbitrator, mediator, and public policy maker should read and study. It draws on empirical research and theoretical models about human decision-making and judgment. The chapter capsules which end chapters offer wonderful syntheses of the breadth of empirical studies and theoretical frameworks about lawyering, decision-making by actors in legal systems, and policies to improve the quality of legal rules and institutions. This masterpiece is a gift for those who are in the legal profession to help them improve their professional and personal decision-making and judgment.’ -- Peter H. Huang, Professor Emeritus, University of Colorado, Law School, US‘This is a fascinating and important book. Its overarching aim is vital: to improve decision making in all corners of the world of law. A wonderful antidote to the superficial blogs that threaten to obscure our understanding of lawyers and lawyering, Kiser has gifted us a fine volume that is clearly the result of extensive empirical research and deep reflection.' -- Richard Susskind OBE, President of the Society for Computers and Law‘It’s been nearly 15 years since Randall Kiser jumpstarted the field of lawyer decision making with his seminal study in the Journal of Empirical Legal Studies. Now, several books later, we have Professional Judgment for Lawyers, which weaves together the threads of neuroscience, evolutionary biology, psychology, emotion, and decision making with the context of lawyers, clients, judges, mediators, arbitrators, and jurors. This book can be safely viewed as Kiser’s magnum opus, as the depth and breadth of learning (combined with its accessibility) is truly staggering. This is a book that belongs in every lawyer’s library.’ -- William Henderson, Indiana University, Maurer School of Law, USTable of ContentsContents: 1 Principles and Challenges 2 Neuroscience and Cognition 3 Emotions. 4 Legal Analysis and Reasoning 5 Attorneys and Clients 6 Judges, Arbitrators, and Mediators 7 Jurors and Juries 8 Insight, Hindsight, and Foresight 9 Expertise, Motivation, and Wisdom 10 Decision-making Styles 11 Individual Decision-making Expertise 12 Group Decision-making Expertise 13 Ten Decision-making Tenets Index

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Book SynopsisWritten by the leading authority on legal decision making, Professional Judgment for Lawyers integrates empirical legal research, cognitive and social psychology, organizational behavior, legal ethics, and neuroscience to understand and improve decision making by attorneys, clients, judges, arbitrators, mediators, and juries.Trade Review‘Buy it. Read it. Make better judgments and decisions. … Professional Judgment for Lawyers can help you understand what is going on, become more self-aware, understand your cognitive limitations, and know how to get help when you need it. … Like all of Kiser's books, Professional Judgment for Lawyers is well written, accessible, and a pleasure to read. … Law schools should offer courses on this subject with this book as the core text. Law firms should conduct in-house seminars and workshops with this book as the guide. Bar associations should offer CLE programs based on Professional Judgment for Lawyers."‘This new book, like Randy Kiser’s others, truly is a must-read. It showcases his unusual and enviable talent for pulling together empirical work from very diverse fields. So insightful for practice and law teaching alike. Highly recommend.’ -- Donna Shestowsky, Director of Lawyering Skills Education and Martin Luther King, Jr. Professor of Law, U.C. Davis School of Law, US‘Randy Kiser’s Professional Judgment for Lawyers is a tour-de-force book every lawyer, law student, judge, arbitrator, mediator, and public policy maker should read and study. It draws on empirical research and theoretical models about human decision-making and judgment. The chapter capsules which end chapters offer wonderful syntheses of the breadth of empirical studies and theoretical frameworks about lawyering, decision-making by actors in legal systems, and policies to improve the quality of legal rules and institutions. This masterpiece is a gift for those who are in the legal profession to help them improve their professional and personal decision-making and judgment.’ -- Peter H. Huang, Professor Emeritus, University of Colorado, Law School, US‘This is a fascinating and important book. Its overarching aim is vital: to improve decision making in all corners of the world of law. A wonderful antidote to the superficial blogs that threaten to obscure our understanding of lawyers and lawyering, Kiser has gifted us a fine volume that is clearly the result of extensive empirical research and deep reflection.' -- Richard Susskind OBE, President of the Society for Computers and Law‘It’s been nearly 15 years since Randall Kiser jumpstarted the field of lawyer decision making with his seminal study in the Journal of Empirical Legal Studies. Now, several books later, we have Professional Judgment for Lawyers, which weaves together the threads of neuroscience, evolutionary biology, psychology, emotion, and decision making with the context of lawyers, clients, judges, mediators, arbitrators, and jurors. This book can be safely viewed as Kiser’s magnum opus, as the depth and breadth of learning (combined with its accessibility) is truly staggering. This is a book that belongs in every lawyer’s library.’ -- William Henderson, Indiana University, Maurer School of Law, USTable of ContentsContents: 1 Principles and Challenges 2 Neuroscience and Cognition 3 Emotions. 4 Legal Analysis and Reasoning 5 Attorneys and Clients 6 Judges, Arbitrators, and Mediators 7 Jurors and Juries 8 Insight, Hindsight, and Foresight 9 Expertise, Motivation, and Wisdom 10 Decision-making Styles 11 Individual Decision-making Expertise 12 Group Decision-making Expertise 13 Ten Decision-making Tenets Index

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Book SynopsisTrade Review‘This is a highly useful, clear and interesting read. David Cowan guides us through why great communication is such a vital skill for legal professionals but then, most importantly, he gives the tools which enable us to do this ourselves - impactfully and simply. An excellent contribution.’ -- Christina Blacklaws, entrepreneur and innovator, Chair of LawTech UK and former President of the Law Society of England and Wales‘If communication, as David suggests, is better understood as the activity of sharing, then I think we are all fortunate that he has shared with us his insights into effective communication in this invaluable book. As a practising lawyer, I would rank effective communication as the most valuable skill a lawyer can possess; one that we must continually develop. The Dialogue Box is an excellent practical tool which aids that development for everyone from the first year law student to the most seasoned practitioner.’ -- Tara Doyle, Matheson, Dublin, Ireland‘This book does much more than it says on the tin. As well as being a first-rate practical guide, it offers a deeply informed analysis of the changing nature of legal communications in a digital society. Wide-ranging, well-researched, and ambitious, it should be mandatory reading across the world of law.’ -- Richard Susskind, President, Society for Computers and LawTable of ContentsContents: Preface 1. Dialogue and law – new horizons 2. Law as communication, communication as law PART I THE COMMUNICATING LAWYER 3. Emotional lawyering 4. Collaborative lawyering 5. Changing channel 6. Changing paradigms – confront or collaborate? PART II THE DIALOGUE BOX FOR LAWYERS 7. Introducing the Dialogue Box 8. The Intelligence Zon 9. The Emotion Zone 10. The Interpretation Zone 11. The Narrative Zone 12. Ready to dialogue? Index

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Book SynopsisA ground breaking exploration of sexual violence by one of our most celebrated experts in law and philosophyTrade Review"Nussbaum is a clear and compelling thinker whose work on the law has always been refreshing and bracing..." -- Madhavi Menon - Times Literary Supplement"Martha C. Nussbaum brings unflinching clarity and wisdom to illuminate shame and pride, the operations of power and retribution surrounding sexual violence and intimidation. Nussbaum’s distinctive fusion of law and philosophy exposes failures of recent reforms and points toward constructive future paths." -- Martha Minow, former dean of Harvard Law School"On many levels, those interested in justice-seeking law reform in the area of sexual assault and harassment can look to this book for inspiration. Nussbaum has a rare ability to articulate genuine compassion in connection with complex ethical situations, and to spell out what that compassion requires. She writes with crystalline style." -- Aidan Johnson - Globe and Mail"In Citadels of Pride , Martha C. Nussbaum shines a light on long-standing and deep-rooted issues of sexual harassment and assault that continue to plague big-time sports and lays out a provocative plan for controlling institutions to become leaders in effecting change. Not everyone will agree with her recommendations, but this book should be mandatory reading for anyone who cares deeply about the need for reform." -- Adam Silver, commissioner of the National Basketball Association

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Book SynopsisKatherine O'Keefe works with Ireland's national water utility, Uisce Éireann, and is on the teaching faculty of the Law Society of Ireland's Diploma Centre. She has developed international professional accreditation schemes for information management, for which she was awarded the DAMA International Professional Achievement Award in 2017. Daragh O Brien is the founder and managing director of Castlebridge, a leading data strategyconsultancy. He lectures in Data Protection and Data Governance in the Sutherland School of Law at University College Dublin. Daragh is a founding member of the Strategic Advisory Board to the School of Business in Maynooth University.Trade Review"Ethics play an increasingly important role when considering how to collect and use personal data. This updated edition of Data Ethics clearly explains how to take ethics seriously and make it an integral part of business information management and governance. The combination of sound and up to date legal theories with practical tips and case studies makes it a useful handbook for anyone working with data on a regular basis." * Paul Breitbarth, Senior Visiting Fellow, European Centre on Privacy and Cybersecurity, Maastricht University *"In a world where AI is creating a growing wave of often dubious information, O Brien and O'Keefe's book should be mandatory reading for everybody in IT, media, regulatory bodies and beyond. This new edition of Data Ethics focuses on emerging topics of vital importance in a world where ethical decisions by IT may literally be, in the extreme, matters of life and death." * Dr Barry Devlin, Founder, 9 Sight Consulting and author of Business unIntelligence *"I can't think of a subject more relevant than data ethics. Given that we live in a data-dependent world, the most important question is not "Can I do something with data?" but "Should I do something with data?". These questions should be considered by teens learning to code, businesspeople gathering and exploiting customer data, scientists developing and releasing Artificial Intelligence (AI) applications, and anyone creating and using data. Daragh and Katherine provide an excellent groundwork for addressing these questions and give us the tools to think and act with our data in a responsible way. Read their book, share it and apply it!" * Danette McGilvray, President and Principal, Granite Falls Consulting, Inc. and author of Executing Data Quality Projects *"Reading Data Ethics gave me goosebumps. Impeccably researched, it is the definitive work on the topic. Simultaneously confronting and enlightening, it challenged my own ethical framework and validated the principles I hold dear in my practice as a Data Governance Executive. The foreword by John Ladley is delightful and sets the scene perfectly for what is to follow. I look forward to our DAMA community here in Australia, and internationally, having the opportunity to share their experiences after reading this outstanding book on data ethics." * Andrew Andrews, Data Governance Manager, ANZ Banking Group and Vice President of Marketing, DAMA International *Table of Contents Chapter - 00: Introduction - Why write a book on data ethics?; Chapter - 01: Ethics in the context of data management; Chapter - 02: Introduction to ethical concepts and frameworks; Chapter - 03: Ethical principles, standards and practice; Chapter - 04: Ethics, privacy and analytics; Chapter - 05: Ethics and data management (including AI); Chapter - 06: Developing an ethical architecture for information management; Chapter - 07: Introducing the Ethical Enterprise Information Management (E2IM) framework; Chapter - 08: Information ethics as an information quality system; Chapter - 09: Information ethics and data governance; Chapter - 10: Information ethics and risk - Tools and methods for identifying and managing ethical risk; Chapter - 11: Data ethics - the bigger picture; Chapter - 12: And in conclusion...;

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Book SynopsisThis thoroughly updated guide provides forensic psychologists with a practical, systemic ethical decision-making model to negotiate common dilemmas in civil, criminal, and family law cases.Table of Contents Acknowledgments Introduction Chapter 1: The Interface of Law and Psychology: An Overview Chapter 2: The Referral Chapter 3: Collection and Review of Information Chapter 4: The Evaluation Chapter 5: Documentation of Findings and Opinions Chapter 6: Testimony and Termination Chapter 7: Addressing Ethical Misconduct Afterword References About the Authors

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Book SynopsisUses techniques from psychological science and legal theory to explore police interrogation in the United States Understanding Police Interrogation provides a single comprehensive source for understanding issues relating to police interrogation and confession. It sheds light on the range of factors that may influence the outcome of the interrogation of a suspect, which ones make it more likely that a person will confess, and which may also inadvertently lead to false confessions. There is a significant psychological component to police interrogations, as interrogators may try to build rapport with the suspect, or trick them into thinking there is evidence against them that does not exist. Also important is the extent to which the interrogator is convinced of the suspect's guilt, a factor that has clear ramifications for today's debates over treatment of black suspects and other people of color in the criminal justice system. The volume employs a totality of the circumstances approach, Trade ReviewWill serve as an invaluable contribution to our understanding of the psychology of police interrogation. . . . This book will appeal to a wide audience and likely encourage new lines of research. -- Iris Blandon-Gitlin, California State University, FullertonWe need the police to help keep us safe. But every now and then things go terribly wrong. People confess to crimes they did not commit, and juries convict those innocent people. Why? This terrific volume helps us to understand. Woody and Forrest offer insights on how the police do their job, from both a basic science and a practical point of view. Readers can join these scholars as they think about how our justice system can fix these mistakes or prevent them before they happen. Anyone who cares about the fairness of our system of justice will find inspiration in this book. -- Elizabeth F. Loftus, Past President, Association for Psychological ScienceFor scholars interested in interrogation, this is an excellent resource. * Choice *Well written and well organized ... Professionals in law enforcement as well as students in the field of police science, criminal justice or forensics, will benefit greatly from this book. * Criminal Law and Criminal Justice Book Reviews *

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Book SynopsisUses techniques from psychological science and legal theory to explore police interrogation in the United States Understanding Police Interrogation provides a single comprehensive source for understanding issues relating to police interrogation and confession. It sheds light on the range of factors that may influence the outcome of the interrogation of a suspect, which ones make it more likely that a person will confess, and which may also inadvertently lead to false confessions. There is a significant psychological component to police interrogations, as interrogators may try to build rapport with the suspect, or trick them into thinking there is evidence against them that does not exist. Also important is the extent to which the interrogator is convinced of the suspect's guilt, a factor that has clear ramifications for today's debates over treatment of black suspects and other people of color in the criminal justice system. The volume employs a totality of the circumstances approach, Trade ReviewWill serve as an invaluable contribution to our understanding of the psychology of police interrogation. . . . This book will appeal to a wide audience and likely encourage new lines of research. -- Iris Blandon-Gitlin, California State University, FullertonWe need the police to help keep us safe. But every now and then things go terribly wrong. People confess to crimes they did not commit, and juries convict those innocent people. Why? This terrific volume helps us to understand. Woody and Forrest offer insights on how the police do their job, from both a basic science and a practical point of view. Readers can join these scholars as they think about how our justice system can fix these mistakes or prevent them before they happen. Anyone who cares about the fairness of our system of justice will find inspiration in this book. -- Elizabeth F. Loftus, Past President, Association for Psychological ScienceFor scholars interested in interrogation, this is an excellent resource. * Choice *Well written and well organized ... Professionals in law enforcement as well as students in the field of police science, criminal justice or forensics, will benefit greatly from this book. * Criminal Law and Criminal Justice Book Reviews *

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Book SynopsisA history of legal emotions in William Blackstone's England and their relationship to justiceWilliam Blackstone's masterpiece, Commentaries on the Laws of England (17651769), famously took the ungodly jumble of English law and transformed it into an elegant and easily transportable four-volume summary. Soon after publication, the work became an international monument not only to English law, but to universal English concepts of justice and what Blackstone called the immutable laws of good and evil. Most legal historians regard the Commentaries as a brilliant application of Enlightenment reasoning to English legal history. Loving Justice contends that Blackstone's work extends beyond making sense of English law to invoke emotions such as desire, disgust, sadness, embarrassment, terror, tenderness, and happiness. By enlisting an affective aesthetics to represent English law as just, Blackstone created an evocative poetics of justice whose influence persists across the Western world. In dTrade Review"There is significant interest in the writings of William Blackstone amongst scholars and practitioners in the legal domain, and Kathryn Temple sheds new light upon his legacy. But what makes this book especially fascinating is this re-imagining of the aesthetic and emotional world of eighteenth-century English law, and the re-viewing of texts in regards thereto. This is a superb work." * Robert Barsky, Professor of Law, Vanderbilt Law School *"A gorgeous book. The writing is beautiful, the organization is lucid, and the ideas are sophisticated and insightful." * Susan A. Bandes, Centennial Professor of Law Emeritus, DePaul University College of Law *"In this first sustained close reading of Blackstone’s Commentaries as a work of high art and sensibility, Kathyrn Temple locates book and author in their eighteenth-century emotional context, while showing how they can still speak to us today." * Wilfrid Prest, author of William Blackstone: Law and Letters in the Eighteenth Century *"Kathryn Temple provides a unique multi-disciplinary perspective on English law in the eighteenth century by taking account of the emotions and aesthetics of Blackstone’s Commentaries. This learned and witty book is a must-read for anyone interested in the popular appeal of justice in all its complexity." * David Lemmings, ARC Centre for the History of Emotions, University of Adelaide *"Loving Justice delicately shows how Blackstone’s biography and the systematisation of the common law are intertwined, engendering a range of emotions. Recommended." * Choice *

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Book SynopsisThis is the first book in English to lay out the philosophical ethics and philosophy of law of Hermann Cohen, one of the leading figures in both Neo-Kantian and Jewish philosophy.Table of ContentsIntroduction 1. Cohen’s “Methodistic” Founding of Ethics in Legal Science: Generation of the Legal Person 2. “For the Idea of Law [Gesetz] He Substitutes Morality”: Understanding Law in Cohen’s Ethik, with Help from the Early Strauss 3. Philosophico-Political Theology as Method: From Strauss’s Philosophy and Law to Cohen’s “Philosophy of Jewish Religion” 4. Isolation and Universalism: Cohen’s New Messianic Politics of Jewish Law 5. Against “Affective Expansiveness”: Cohen’s Critique of Stammler’s Theory of “Right Law” 6. The “Neighbor” as an Institution of Law (Recht), from the Ethik to the “Jewish Writings”

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Book SynopsisThe most controversial foundational issue today in both legal philosophy and constitutional law is the relationship between objective moral norms and the positive law. Is it possible for the state to be morally “neutral” about such matters as marriage, the family, religion, religious liberty, and – as the Supreme Court once famously phrased it – “the meaning of life”? If such neutrality is possible, is it desirable? In this volume of essays one of our country’s leading constitutional lawyers answers “no” to both questions. In the first three chapters, Gerard Bradley investigates the central moral justification of punishment, the morality of plea bargaining, and how the criminal justice system should treat the family. These essays reflect both Bradley’s decades as a teacher of criminal law as well as his earlier experience as a trial prosecutor in the Manhattan District Attorney’s Office. The second triptych of papers has to do with the raging controversy over same-sex “marriage,” and the broader movement toward a socially sanctioned orthodoxy about sexual orientation of which the “marriage” movement is one part. These papers reflect the author’s years of philosophical work on the marriage question, as well as his more practical experience as a popular debater and expert witness. Finally, Bradley takes up the questions of religious liberty and how our democratic polity should treat religion. These chapters cover the original meaning of the First Amendment’s Establishment Clause, the role of Catholicism in the post-World War II controversies over movie censorship as they played out in the Supreme Court, and emerging challenges to religious liberty in the 21st century.

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Book SynopsisThis fully updated third edition of Law in Perspectivefocuses on a range of powerful critical thinking tools drawn from logic, science, ethics, and political and social theory. Sections on terrorism and refugee law have been expanded, climate change is discussed throughout, and new chapters have been added on law and Indigenous people, lawyers’ ethics and corporate power.The book considers the relationship between legal theory, social theory and empirical research methods, as a guide for students taking on higher degrees in legal research. It also analyses key theories of the nature and social role of law, including legal positivism, natural law theory and Marxist theory of law.

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Book SynopsisThe global financial crisis highlighted the corrosive effects of unethical behaviour within the banking industry. This edited collection focuses on the role that ethics, as well as the law, can play to prevent such behaviour from reoccurring. It also examines the effectiveness of newly introduced regulations and supervisory actions in fostering ethical conduct with the aim of realigning the interests of financiers with those of society as a whole. Featuring contributions from authors in academia, central banks, and professional practice, this Research Handbook presents a comprehensive assessment of law, regulation and professional and market standards in the financial industry. The chapters discuss the philosophical foundations of ethics in financial law, the existence of a social licence to operate and how to nudge banks to be more inclusive. They also critically evaluate some of the key topics in the debate, including fiduciary duties and enforcement measures. The Research Handbook will be of great interest to academics, policy makers and practitioners in financial law and banking law, as well as legal ethics. Those working within the financial industry with an interest in corporate conduct and culture, will find the Handbook to be an invaluable source of information.Trade Review'This book is a work of leadership. It offers a brilliant combination of thought and experience about the law and ethics that finance and banking cannot do without. This is about ethics and law embedded in international respect, market culture, business purpose, corporate model and personal integrity. It is about the ends that finance and banking enable us to achieve, about finance earning trust, and about finance serving society, customer, employer and colleague. It is also about insisting that complexity is either understood or reduced. Let the global financial crisis remind us that this is a book on which we must build.' --Sir Robin Knowles, High Court of England and WalesThis book is path-breaking in addressing one of the key issues of our time, the role of ethics in finance. It provides the reader with a comprehensive and challenging analysis of the main aspects of the current debate. The editors have brought together some of the sharpest minds in the field who offer an in-depth, critical and in places novel analysis of the role of law, self-regulation and standards in guiding and channelling behaviour. The book is a tour de force in considering how ethical considerations can inform the financial system. Finance must serve society in a way which is fair, just and ethical. The book is a timely reminder of this function and a call to those involved to exercise diligence in their own self-interest and for the greater good.' --Sir Ross Cranston FBA, London School of Economics, UKTable of ContentsContents: Foreword Andrew Bailey Part I The foundations of ethics in banking and finance 1. The philosophical foundations of financial ethics Kara Tan Bhala 2. Ethics and standards in financial regulation William Blair and Clara Barbiani 3. Ethical foundation of financial law Rosa M. Lastra and Marcelo J. Sheppard Part II The role played by law and standards 4. Nudging inclusive banking and micro finance towards self-sustainability Katherine Hunt, Marco Lamandini and David Ramos Muño 5. The social licence for financial markets, written standards and aspiration David Rouch 6. The Development and Implementation of Professional Standards for UK Bankers: A Practitioner Perspective Simon Thompson 7. What should we do about the law of money, finance, banks and the like? Philip R. Wood CBE, QC (Hon) 8. Rebuilding Trust in Financial Markets: beyond the Limits of Law and Regulation Mark Yallop Part III Can law counteract unethical behaviour? Some examples 9. Ethical Considerations in the Representation of Sovereign Clients Lee C. Buchheit 10. Law and Ethics: The Bank's Fiduciary Duty towards Retail Customers Ruth Plato-Shinar 11. Market timers, late traders and the ultimate insiders Basil G. Zotiades Part IV The effectiveness of regulation and supervisory actions 12. Developing the Senior Managers Regime Alan Brener 13. What makes deterrence credible? Andromachi Georgosouli 14. Breaches of AML reporting requirements by UK Bankers: Are effective enforcement choices being made by financial regulators? Miriam Goldby Part V Are financial regulators ethical? 15. Ethical Culture and Central Banking Thomas C. Baxter Jr 16. Central Banks and Ethics: the Virtual Paradox of Transparency and Confidentiality Mandates Manuel Monteagudo 17. Enforcement, ethics and transparency: problems and perspectives Costanza A Russo Index

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Book SynopsisTraditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process. The authors argue that mediation ethics should move away from the untenable notions of mediator neutrality and impartiality and towards a focus on party self-determination. They supplement this focus with a view of mediation ethics as emerging dynamically from the efforts of mediators to respond to the unique needs and interests of the parties. This new paradigm provides the basis for a picture of the mediation profession as a community with its own internal standards of excellence, as well as a more sophisticated and realistic ethical framework for mediation practice. Academics in law, social work and psychology will appreciate the book's nuanced account of the dynamics of mediation as a dispute resolution process. Mediation practitioners, including lawyers, social workers and counselors, will find the book a practical and helpful guide to addressing ethical dilemmas. And students of mediation will benefit from the book's clear and up to date overview of the development and principles of mediation ethics.Trade Review'This book provides a thought-provoking re-examination of two of mediation's central characteristics, neutrality and impartiality, setting out a fresh ethical framework for achieving mediation's primary objective, namely, consensual, informed party-controlled decision-making. This book, drawing on a rich body of theory and research, will provide a valuable resource for all those interested in the theory and practice of mediation.' --Marian Roberts, family mediator and author'In Mediation Ethics, Rachael Field and Jonathan Crowe deconstruct the foundation of modern mediation ethics and then reconstruct it in a creative and insightful way. They analyze the problems created by deriving mediation's ethical framework from a commitment to neutrality and impartiality and argue instead for a focus on empowerment and self-determination. In doing so, they not only provide a much more useful approach to ethical decision making but they also point to a new way to think about the practice of mediation itself. This is an extremely useful, well reasoned, and well presented contribution to the conflict engagement field.' --Bernie Mayer, Creighton University, USTable of ContentsContents: Preface 1. Introduction: The Need for a New Paradigm of Mediation Ethics 2. The Foundational Paradigm of Contemporary Mediation 3. The Development of Mediation Ethics 4. Neutrality and Party Self-Determination 5. The Myth of Mediator Neutrality 6. The Empty Idea of Mediator Impartiality 7. Party Self-Determination and the Mediation Language Game 8. Ethics and the Mediation Profession 9. A New Conceptual Framework for Mediation Ethics 10. Four Guidelines for Ethical Mediation Practice 11. Conclusion: Towards an Appropriate Ethical Paradigm for Mediation Index

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Book SynopsisThis timely Research Handbook offers significant insights into an understudied subject, bringing together a broad range of socio-legal studies of medicine to help answer complex and interdisciplinary questions about global health - a major challenge of our time. Interdisciplinary chapters explore both how the terrain of medicine can generate new questions about law, regulation and the state, and how the law intersects with health and medicine at every level. Bringing together leading international scholars, the Research Handbook assembles concrete case studies to suggest avenues for further research on socio-legal inquiries, such as the construction of disorders by law, the reparation of injuries, and how race and gender impact justice. The Research Handbook for Socio-Legal Studies of Medicine and Health will be an inspiring read for researchers, academics and graduate students in the fields of health law, socio-legal studies, and gender and sexuality. Contributors include: P. Arcidiácono, J. Barbot, L. Barrera, E. Bernheim, E. Brennan, B. Can, E. Chiarello, É. Cloatre, V. De Greef, N. Dodier, A. Doll, J. Edwards, A.-M. Farrell, J.A. Hamilton, R. Harding, J. Harrington, H.R. Hlavka, C.W.-L. Ho, K. Hoeyer, I. Iyioha, M.-A. Jacob, V. Karavas, A. Kirkland, J. Metzl, D. Moore, C. Morrill, L. Mulcahy, S. Mulla, T. Phillips, J. Piemonte, R. Singh, M. Suchman, M. Thomson, S. WestwoodTrade Review'Wide-ranging and thoughtfully curated, this collection demonstrates just how far the tentacles of healthcare and law extend into social life. Taken together, though, these chapters suggest that the epistemic reach of both law and medicine ultimately exceed their grasp, a conclusion that practitioners and scholars alike will both rue and applaud. With such provocative and carefully researched pieces, this volume is sure to foster a deep rethinking of socio-legal studies of medicine and health. --Carol A. Heimer, Northwestern University, US'Handbooks are often conceived to tie together already-established research fields. With the Research Handbook on Socio-Legal Studies of Medicine and Health, Anna Kirkland and Marie-Andreé Jacob have in fact inaugurated an important new field of study while generously acknowledging its diverse ancestries. I've always thought that STS should instead have been dubbed TLS (technoscience, law and society) whether in studies of health, climate change, migration, inequality or their interconnections. Through an empirically rich set of chapters, handbook contributors perceptively show how socio-legal problems (from femicide to alternative medicine, genetic ancestry testing and gun violence) in highly (bio)medicalized societies throughout the world are always historically and ethnographically situated. This Handbook will be of equal interest to legal scholars, anthropologists, sociologists, bioethicists, philosophers and STS scholars.' --Ayo Wahlberg, University of Copenhagen, Denmark'One of the strengths of socio-legal studies is to show how seemingly mundane and technical practices and artifacts, such as clinical protocols or bureaucratic procedures, shape social realities: how they include and exclude people, and redistribute duties and entitlements. This fantastic volume gives a flavour of the breath and diversity of this lively (inter-)discipline, and also pushes its boundaries into new topics and methodological terrains.' --Barbara Prainsack, University of Vienna, AustriaTable of ContentsContents: Preface Linda Mulcahy 1. Introduction Part I Beyond Healthcare 2. Trapped in limbo: effects of a medical perspective on the education of children with disabilities P. Arcidiácono and L. Barrera 3. Mental disorders and work V. De Greef 4. Challenging capacity: Shifting paradigms of intellectual disability across law, medicine and society R. Harding 5. Genetic Ancestry Tests: Materializing Race and Indigeneity Across Law, Medicine, and Society J.A. Hamilton Part II Ways In Through Terrains 6. Work, facts, and the textual organization of psychiatric involuntary psychiatric admission: Methodological insights from institutional ethnography A. Doll 7. Provincializing the clitoris J. Edwards and M. Thomson 8. The Bearable Lightness of Relationality: Actor-Network-Theory as a Mode of Comparative Law C.W.-L. Ho Part III Ways In Through Models 9. A multi-field logics approach to theorizing relationships between healthcare and criminal justice E. Chiarello and C. Morrill 10. Law and technology in healthcare organizations E. Brennan and M.C. Suchman 11. What role for the state in global health law? A nodal governance perspective from Kenya J. Harrington 12. Substantive Effectiveness, Women’s Health and the Limits of International Human Rights Law I.O. Iyioha Part IV The Meeting Point of Injury 13. Thinking forensically: Law, medicine and the nomos of sexual violence H.R. Hlavka and S. Mulla 14. Proof, probability and the plaintiff: epistemological challenges in the medico-legal field T. Phillips 15. The normative work of victims of medical injuries J. Barbot and N. Dodier 16. Bare death: femicide, forensics and the necropolitics of the corpse R. Singh and D. Moore 17. The (non)denial of torture, human rights and medical expertise B. Can Part V Ethical pluralisms 18. Doctors and global health security: What role for ethics and regulation? A.-M. Farrell 19. Ethics as a form of regulation in relation to data and bodily materials K. Hoeyer 20. Regulating at the boundaries of healthcare: the case of alternative and traditional medicine E. Cloatre 21. Biomedical collective labour: politics, sovereign subjects, and empowerment in biobank research V. Karavas, Vagias Part VI Health as Pretext 22. Justice, power and intersectionality: beyond psychiatry, the social issue in question E. Bernheim 23. Gun violence and mental health: Myths and strategies for socio-legal research J.L. Piemonte and J. Metzl 24. Older lesbian, gay and bisexual people: socio-legal perspectives on healthcare inequalities in later life S. Westwood Index

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Book SynopsisThis unique book examines whether there is sufficient human rights accountability for undertakings supported by bilateral state development and export credit agencies. In contrast to leading international development and financial actors such as the World Bank, the accountability of bilateral development and export credit agencies has, to date, remained widely unexplored. This book analyses the effectiveness of the human rights system in allowing affected individuals to claim accountability for human rights violations resulting from bilateral development and export credit agency supported undertakings. It provides a comprehensive examination of development and export credit agencies' legal nature and explores three legal pathways open to claimants: host state responsibility, home state responsibility and corporate responsibility. Furthermore, it includes empirical data on the corporate responsibility process in seven agencies. Barbara Linder concludes that there is a significant human rights accountability gap with regards to bilateral development and export credit agency supported undertakings. The final chapters make recommendations for strengthening human rights accountability and improving access to justice for adversely affected individuals. Academics and professional lawyers working at the intersection of human rights, development cooperation and investment will find this a compelling body of work. The book provides information on existing case law, highlights human rights accountability gaps and outlines illustrative case studies that will act as a valuable point of reference.Trade Review'This book is pioneering in empirically documenting how human rights accountability of outsourced bilateral development and export credit agencies is taking shape. It also offers a robust forward-looking legal analysis of what accountability for human rights violations resulting from bilateral development and export credit agency supported undertakings should look like, drawing on concepts of state and corporate responsibility.' --Wouter Vandenhole, University of Antwerp, BelgiumTable of ContentsContents: Introduction Part I: Setting the scene 1. Human rights in development cooperation 2. Human rights in official export credits Part II: Human rights responsibilities for development and export credit agencies’ conduct 3. Host state responsibility 4. Home state responsibility 5. Corporate responsibility Part III: Conclusions and recommendations 6. Conclusions 7. Recommendations Bibliography Index

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Book SynopsisGlobally, countries are faced with a complex act of statecraft: how to design and defensible complaints and discipline regime. In this collection, contributors provide critical analyses of judicial complaints and discipline systems in thirteen diverse jurisdictions, revealing that an effective and legitimate regime requires the nuanced calibration of numerous public values including independence, accountability, impartiality, fairness, reasoned justification, transparency, representation, and efficiency.The jurisdictions examined are Australia, Canada, China, Croatia, England and Wales, India, Italy, Japan, the Netherlands, Nigeria, Poland, South Africa, and the United States. The core findings are four-fold. First, the norms and practices of each discipline regime differ in ways that reflect distinct social, political, and cultural contexts. Second, some jurisdictions are doing better than others in responding to challenges of designing a nuanced and normatively defensible regime. Third, no jurisdiction has yet managed to construct a regime that can be said to adequately promote public confidence. Finally, important lessons can be learned through analysis of, and critically constructive engagement with, other jurisdictions.The first comprehensive comparative collection on judicial discipline systems, Disciplining Judges, will inspire new conversations among academics, students, judges, governmental officials and political scientists.Trade Review’Disciplining Judges represents a new and important contribution to the fields of Public Law and judicial studies. It positions judicial discipline as an essential component of constitutionalism and the rule of law. This marvellous collection of diverse essays probes the shifting power dynamics through which the judicial, executive and legislative branches interact.’ -- Dean Adam Dodek, University of Ottawa, Canada’The constitutional governance question of how jurisdictions ought to deal with allegations of judicial misbehaviour is one that goes to the heart of foundational public law questions about the judicial role, judicial integrity and judicial independence. Devlin and Wildeman have performed an important public law service in bringing together this collection of critical scholarship, which will be the definitive comparative handbook on the issue going forward.’ -- - Gabrielle Appleby, University of New South Wales, AustraliaTable of ContentsContents: 1 Introduction: Disciplining judges – exercising statecraft 1 Richard Devlin and Sheila Wildeman 2 Regulation of judicial misconduct in Australia: why, how and where next? 23 Suzanne Le Mire 3 The Canadian Judicial Council’s (elusive) quest for legitimacy 49 Richard Devlin and Sheila Wildeman 4 The long march to professionalizing judicial discipline in China 78 Susan Finder 5 Fighting with the ghosts of the past: the discipline process for judges in Croatian law 107 Dubravka Aksamovic and Sanja Mišević 6 Judicial conduct, complaints and discipline in England and Wales: assessing the new approach 130 Graham Gee 7 ‘Belling the cat’: judicial discipline in India 155 Tony George Puthucherril 8 Why is the complaints procedure still lacking in Italy? The difficult pathway towards a more transparent, inclusive and effective disciplinary system 179 Daniela Cavallini 9 Shifting the balance: public perspective and the Japanese judicial discipline process 204 Sarah M R Cravens 10 Disciplinary control of judges in the Netherlands: a vulnerable system 225 Jonathan E Soeharno 11 The politics of regulating and disciplining judges in Nigeria 254 Olabisi D Akinkugbe 12 Weaponizing judicial discipline: Poland 278 Fryderyk Zoll and Leah Wortham 13 Judge and be judged: judicial discipline in South Africa 308 Hugh Corder and Calli Solik 14 Legal process theory and judicial discipline in the United States 334 Dmitry Bam Index

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Book SynopsisSetting out the current rules on legal professional privilege (LPP), with specific attention to their relevance in EU competition investigations, this comprehensive book analyses the practice of LPP by the European Commission and its interpretations in the European Courts. It also compares this to practice in the EU Member States, as well as other jurisdictions including Japan, the UK, and the US.Key Features: An overview of the history of LPP Discussions on the practice of LPP in the EU and globally Commentary on the relevant case law of the EU courts in relation to LPP in EU competition investigations Analysis of LPP in competition investigations in the EFTA countries, EU Member States, and other jurisdictions This book will be an essential resource for competition practitioners – both private practitioners and in-house counsel – as well as officials at the Commission and at the competition authorities and enforcement agencies.Trade Review‘The book is informative and well written. It provides a useful survey of legislation, case law and agency decisions affecting legal professional privilege in competition investigations. While its focus is on EU law, and specifically on investigations conducted by the European Commission, I find significant added value in the sections devoted to LPP protection in ten EU Member States, as well as in the EEA and in other major antitrust jurisdictions across the world. Apart from this emphasis on comparative law, what makes this book stand out is the effort to compile, reference and discuss every major precedent as far as EU law is concerned. I would recommend this book to anybody looking for an up-to-date and well-structured approach to this topic.’ -- Eric Gippini Fournier, European Commission‘In today's globalized world, this new book provides a much needed and up-to-date perspective on the handling of legal professional privilege in key jurisdictions. Useful advice is given in this regard to avoid costly mistakes and minimize risks of undesirable leaks. In a prospective manner, the book also argues convincingly for a revision of the rules, inter alia so that the current approach as followed in most jurisdictions be broadened to communication with in-house counsel and lawyers from foreign jurisdictions.’ -- Denis Waelbroeck, Ashurst, BelgiumTable of ContentsContents Preface 1. Introduction to Legal Professional Privilege in EU Competition Investigations 2. The notion of LPP in EU competition investigations 3. History of LPP 4. Relevant case law of the EU Courts in relation to LPP in EU competition investigations 5. Relevant EU legislation and soft law acts in relation to LPP in EU competition investigations 6. LPP in European Commission’s investigations 7. The current conditions for LPP protection in EU competition investigations 8. LPP in the context of EU merger control 9. LPP in competition investigations in the EFTA countries 10. LPP in competition investigations in the EU Member States 11. LPP in jurisdictions other than the EU 12. Conclusion Bibliography Index

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Book SynopsisThis Research Handbook offers crucial ethical perspectives on navigating the increasingly complex and contested landscape of contemporary energy law. Taking an interdisciplinary approach, it brings together diverse scholarship and expertise from academia, international organizations, legal practice and the judiciary to address wide-ranging issues linking energy and law to ethical drivers such as wealth, peace and war, development, climate change, and use and abuse of natural resources.The Handbook investigates first the governing dynamics of energy, law and ethics, providing a conceptual overview of key topics. It then examines the ethics of financing energy projects, renewable energy transition and climate change mitigation. The final part is a case study of energy, law and ethics in practice. Throughout, the Handbook draws on the vital underlying theme of intergenerational equity, offering a toolbox of arguments for framing the law and policies that will shape the future of the planet.The Research Handbook on Energy, Law and Ethics will be an essential resource for scholars and practitioners working in all areas of energy law, particularly its intersections with climate change, renewable energy transition and environmental justice. Negotiators and policymakers will also find its delineation of current debates and reference to practical experience invaluable.Table of ContentsContents: Foreword: In search of radical hope xi Acknowledgements xiii Introduction to Research Handbook on Energy, Law and Ethics 1 Malik R. Dahlan, Rosa M. Lastra and Gustavo Rochette PART I GOVERNING DYNAMICS OF ENERGY, LAW AND ETHICS 1 The decade of the energy transition 8 Howard Covington 2 Distributive justice and the global governance of energy 15 Arthur Feitosa and Jorge E. Viñuales 3 Moral drivers and lenses: Policy, economy, faith and climate change 28 Michael G. Pollitt 4 Energy between justice and ethics: A re-classification of theoretical lenses for a forward-looking epistemology 43 Malik R. Dahlan and Gustavo Rochette 5 Energy law and geopolitics: Oil and the struggle for the Middle East 59 Malik R. Dahlan 6 Climate change and ethics 96 James Dallas 7 The emergence of ethics in global climate litigation 110 Michael B. Gerrard PART II ETHICS, FINANCE AND INVESTMENT 8 Introductory comments: Ethical finance? 124 Rosa M. Lastra and Michael Tsang 9 Finance and development: Net-zero aligned environmental, social and governance standards 140 Simona Marinescu 10 How international financial institutions help deliver the sustainable development goals 153 Marie-Anne Birken and Katherine Meighan 11 Sovereign wealth funds and ethical investment: The case of Norway 162 Rosa M. Lastra, Tom Fearnley and Lucia Satragno 12 The Equator Principles and standards applicable to the financing of energy sector projects 194 John L. Taylor and Theodora A. Christou 13 Knowledge sharing as ethics of development: The Asian Development Bank as a case study 207 Daniele Quaggiotto 14 Energy investment redefined: Will ethics become a criterion? 221 Norah Gallagher PART III ENERGY, LAW AND ETHICS IN TRANSITION 15 Ethical drivers and challenges of energy efficiency law 243 Gabriela Prata Dias 16 The law of gravitas: The energy transition, renewable energy and ethics 256 Tedd Moya Mose 17 Ethical drivers for the renewable energy transition 266 Uma Outka 18 The ethical contribution of the EU’s ESG disclosure regime 280 Silke Goldberg and Jannis Bille 19 China’s energy in transition: Ethical considerations in the energy policies and legislation for the 21st century 293 Libin Zhang 20 Ethical issues associated with multi-customer microgrids 308 Richard T. Stuebi 21 Is there a human right to energy? 319 Estela B. Sacristán 22 Governing water ethically – A shifting waterscape 338 Erum Sattar 23 Ethics, energy technology transfer and international law 407 Victoria Sutton PART IV ENERGY, LAW AND ETHICS POLICY IN PRACTICE 24 The Scotia Process Report 423 Gustavo Rochette and Krystel von Kumberg 25 Statement of Urgency addressed to the United Nations Secretary-General declaring an international diplomatic emergency on climate 478 Scotia Group Inception Commission 26 Climate20+ – Pathways to success at COP26: an unprecedented challenge, requiring an urgent G20 climate diplomatic agenda 483 Scotia Group Inception Commission 27 A proposal to achieve a Glasgow Agreement: Core Commitments for states on climate action to reach net zero by 2050 488 Scotia Group Inception Commission 28 Policy Proposal 2 – Guiding propositions on binding climate commitments 494 Howard Covington 29 Policy Proposal 3 – Community action 495 Andrew Kerr 30 Policy Proposal 4 – Engaging the young 497 James Wright 31 Policy Proposal 5 – Framework climate laws 500 Maria-Krystyna Duval 32 Policy Proposal 6: Greening dispute resolution 502 Wolf von Kumberg and Annette Magnusson 33 Policy Proposal 7 – Communications 508 Katherine Stewart 34 Policy Proposal 8 – The Model Statute for proceedings challenging government failure to act on climate change 510 International Bar Association PART V EPILOGUE The Scotia Communique: An Intergenerational Contract 514 Delivered by Her Majesty Queen Noor of Jordan Index 517

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Book SynopsisEffective Communication for Lawyers is an essential guide to communicating in the radically and rapidly changing environment of professional law today. The book offers a deep dive into understanding communication as behaviour, as well as practical tools and insights. It connects theory to practice in order to improve client communication, support the current transformation of legal work and prepare readers for future developments and disruptions in the legal profession. Key Features: Introduces ‘The Dialogue Box’ and explains how to use this foundational communication tool in everyday legal work Provides a solid grounding in the theoretical context and expands the horizons of the relationship between law and communication Offers the reader a clear understanding of why they are communicating and enables effective use of various channels, tools and skills of communication This book will be crucial reading for all practising lawyers, as well as arbitrators, mediators and negotiators. It will also be helpful for law students looking to develop their communication skills ahead of going into practice.Trade Review‘This is a highly useful, clear and interesting read. David Cowan guides us through why great communication is such a vital skill for legal professionals but then, most importantly, he gives the tools which enable us to do this ourselves - impactfully and simply. An excellent contribution.’ -- Christina Blacklaws, entrepreneur and innovator, Chair of LawTech UK and former President of the Law Society of England and Wales‘If communication, as David suggests, is better understood as the activity of sharing, then I think we are all fortunate that he has shared with us his insights into effective communication in this invaluable book. As a practising lawyer, I would rank effective communication as the most valuable skill a lawyer can possess; one that we must continually develop. The Dialogue Box is an excellent practical tool which aids that development for everyone from the first year law student to the most seasoned practitioner.’ -- Tara Doyle, Matheson, Dublin, Ireland‘This book does much more than it says on the tin. As well as being a first-rate practical guide, it offers a deeply informed analysis of the changing nature of legal communications in a digital society. Wide-ranging, well-researched, and ambitious, it should be mandatory reading across the world of law.’ -- Richard Susskind, President, Society for Computers and LawTable of ContentsContents: Preface 1. Dialogue and law – new horizons 2. Law as communication, communication as law PART I THE COMMUNICATING LAWYER 3. Emotional lawyering 4. Collaborative lawyering 5. Changing channel 6. Changing paradigms – confront or collaborate? PART II THE DIALOGUE BOX FOR LAWYERS 7. Introducing the Dialogue Box 8. The Intelligence Zon 9. The Emotion Zone 10. The Interpretation Zone 11. The Narrative Zone 12. Ready to dialogue? Index

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