Legal ethics and professional conduct Books

Book SynopsisThe Trial Lawyer's Guide to Attorney-Client Privilege and Work-Product Doctrine provides practical guidance to civil trial lawyers in litigating claims of confidentiality for attorney-client communications and attorney work product.Table of ContentsTable of Contents: The Attorney-Client Privilege The Ethics Rule on Confidentiality and How it Differs from the Attorney-Client Privilege The Work-Product Privilege The Common-Interest or Joint-Defense Privilege Exceptions to Privileges Waiver of Privileges Procedural Tools for Litigating Privileges The Attorney-Client Privilege in Organizations Investigations Patent Matters Litigating Attorney-Client Privileges Under the United States Bankruptcy Code and the Federal Rules of Bankruptcy Procedure Communications with Public Relations Consultants Insurance Settings Class Actions Choice of Law Issues

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Book SynopsisThis book is a must read for new law graduates before they start to take on the issues of their clients. It stresses the critical behavioral qualities that will help or hinder their ability to credibly undertake the client’s issues, separate and apart from all of the psychological baggage that they have accumulated over the years. Hiring partners of firms will also find this book useful in helping their new hires to get off on the right foot as they undertake whatever form of mentoring provided. Finally, with the mastery of these interpersonal skills and an understanding of the issues discussed in this book, a rewarding career and personal contribution to a viable road for enhanced civility must follow.

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Book SynopsisAddressing the numerous and significant professional responsibility challenges in litigation, this compendium traces the ethical issues in the life of a lawsuit from start to finish. In discussing the various subjects, the authors broadly define “professional responsibility” to include not only legal ethics but also the related issues of sanctions and professional liability. This completely revised edition now includes new chapters on conflicts of interest and accidental and impromptu clients, and also provides a wider discussion of social media ethics in a focused chapter on this evolving topic. All other chapters have been substantially updated and, in some cases, prudently condensed for ease of use and provide ample citations to authority to guide readers in their own research. Each chapter covers a key aspect of litigation in depth, compartmentalizing the subjects so that readers do not have to jump back and forth between chapters to understand the principles and rules in play. Topics covered include: Conflicts of interest Pre-suit investigation and frivolous claims Surreptitious investigations and discovery Compensating fact witnesses Ex parte communications Civility and candor False testimony by clients and witnesses Lawyers as witnesses Negotiation and settlement Social media Accidental and impromptu clients Ethics on appeal, and more

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Book SynopsisThis book takes a practical, concise, and coherent approach to mediation ethics to make lawyer-mediators aware of their ethical obligations while serving as mediators. The book has been written by 15 leading mediation scholars, with special expertise in mediation ethics, each contributing a chapter on a topic within his or her expertise. Topics covered include: Theory of mediators' ethics, Contrasting lawyer ethics and mediator ethics, Codes of Conduct for mediators and MEAC opinions, Accepting a case or refusing to mediate, Evaluating ethically, Separate meetings, Mediator proposals, Difficult parties, Lawyer representation in mediation, Med-arb, The mediated agreement, Mediators as witnesses, Mediator discipline, And continuing mediation ethics education. Contributors include Omer Shapira, James Alfini, Susan Nauss Exon, Ellen Waldman, Donna Erez-Navot, Kristen M. Blankley, Elayne E. Greenberg, Sharon Press, Bill Eddy, Jacqueline Nolan-Haley, Nancy A. Welsh, Fran Tetunic, Ellen E. Deason, Michael Moffitt, and Gregory Firestone.

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Book SynopsisAmerica is highly polarized around elections, but unelected actors make many of the decisions that affect our lives. In this lucid history, James R. Copland explains how unaccountable agents have taken over much of the U.S. government apparatus.Congress has largely abdicated its authority. “Independent” administrative agencies churn out thousands of new regulations every year. Courts have enabled these rulemakers to expand their powers beyond those authorized by law—and have constrained executive efforts to rein in the bureaucratic behemoth. No ordinary citizen can know what is legal and what is not. There are some 300,000 federal crimes, 98 percent of which were created by administrative action. The proliferation of rules gives enormous discretion to unelected enforcers, and the severity of sanctions can be ruinous to citizens who unwittingly violate a regulation.Outside the bureaucracy, private attorneys regulate our conduct through lawsuits. Most of the legal theories underlying these suits were never voted upon by our elected representatives. A combination of historical accident, decisions by judges and law professors, and self-interested advocacy by litigators has built an onerous and expensive legal regime.Finally, state and local officials may be accountable to their own voters, but some reach further afield, pursuing agendas to dictate the terms of national commerce. These new antifederalists are subjecting the citizens of Wyoming and Mississippi to the whims of the electorates of New York and San Francisco—contrary to the constitutional design. In these ways, the unelected have assumed substantial control of the American republic, upended the rule of law, given the United States the world’s costliest legal system, and inverted the Constitution’s federalism. Copland caps off his account with ideas for charting a corrective course back to democratic accountability.Trade Review“The Unelected is valuable reading for anyone committed to a republican form of government. Copland identifies multiple aspects of the regulatory state that are fairly opaque and unaccountable but wield considerable unchecked power over Americans, who should expect elections to matter more. His call for public policy efforts to return authority to voters is worthy of serious debate and consideration.” —Leonard Leo, Co-Chairman, Federalist Society for Law and Public Policy Studies “In this masterful history, Jim Copland shows how the law of the land became more like the law of the jungle. Who’s responsible? That’s the problem—Nobody. Bureaucrats and lawyers of a certain disposition use law as a weapon for extortion, beyond the control of democratically elected officials and timid judges.” —Philip K. Howard, author of The Death of Common Sense, and founder of Common Good “As America emerges from its deepest recession in decades, businesses need clear laws to follow. Unfortunately, shifting regulations, uncertain enforcement, and shakedown lawsuits are far too common. And local officials regularly reach past their borders to interfere with the economies of other states and municipalities. James Copland’s new book explores all these trends and suggests ideas we should be discussing to get on a better path.” —Thomas J. Donohue, Chief Executive Officer, U.S. Chamber of Commerce “In The Unelected, Jim Copland describes the raft of federal, state, and local officials whose interpretations of law have often overshadowed legislation itself—in a story running up to the current pandemic response. The awareness raised by his insightful historical and legal analysis is a necessary precondition to any institutional solution.” — Richard A. Epstein, Laurence A. Tisch Professor of Law, NYU Law School

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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 SynopsisThe influence of the global South is increasing in the conduct and governance of multinationals, in the growing interest in the 'bottom of the pyramid', in the debates over the environment, trade and international law. There are questions aplenty. Complexities and tensions, differing ethical interpretations. The volume includes works by authors from the global South and contributions about ethical issues in the global South, including the responses to famine in East Africa, India and Indonesia, and the applicability of international guidelines and ethical frameworks in South Africa. Other contributions examine the roles of beliefs and philosophies in the establishment of ethical traditions.Trade ReviewScholars, mostly of business but also history, explore the diversity of the middle classes in the Global South, and show how ethical interpretations and behaviors differ in various consumer markets there. The topics include war and famine around the Indian Ocean during the Second World War, religion as apparatus of ethical similarity: a catalyst toward the framework of ethical behaviors in a technical environment, modern business and the doctrine of the mean, and ethics and the unified justice examination of the People's Republic of China. The volume ends with reviews of A. McKay's 2015 The Big Short and the 2017 Humanities, Arts and Social Sciences, edited by J. M. Siracusa. -- Annotation ©2017 * (protoview.com) *Table of ContentsEthics in the Global SouthWar and Famine around the Indian Ocean during the Second World War Bringing international sustainability guidelines home: a case study of a mega South African state-owned enterprise Religion as Apparatus of Ethical Similarity: A Catalyst towards the Framework of Ethical Behaviors (FEB) in Technical Environment Modern Business and the Doctrine of the Mean Gift Giving, Guanxi, Bribery and Corruption Challenges in Australia-China Business: An Ethical Tension Between the Global South and the East A Short history of Applied Ethics in Australia Ethics and the Unified Justice Examination of the People's Republic of China The Big Short: Financial Disaster and Moral Responsibility Siracusa (2017) Humanities Arts and Social Sciences: It's everyone's Business

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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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Book SynopsisKirchliche Hochschulen unterliegen als Bildungseinrichtungen in nicht-staatlicher Trägerschaft sowohl kirchlichen als auch staatlichen Regelungen. Auch für theologische Fakultäten an staatlichen Hochschulen sind neben den staatlichen auch kirchliche Regelwerke einschlägig. Der Band erläutert in zwei Beiträgen Begriff und Wesen der kirchlichen, vor allem der katholischen Hochschulen und ordnet sie in das staatliche sowie kirchliche Normengeflecht ein. Dabei befasst sich Rüfner mit dem Verhältnis der kirchlichen Hochschulen zum staatlichen Hochschulrecht, während der Schwerpunkt des Beitrags von Rhode auf dem kirchlichen Recht, hier dem Recht der katholischen Kirche, liegt. Grundlage der Beiträge sind die Referate der Autoren, die sie im Rahmen eines Symposions zu Ehren des renommierten Kirchenrechtlers und langjährigen Herausgebers der Entscheidungssammlung "KirchE" Prof. Dr. Manfred Baldus, Vorsitzender Richter am Landgericht a.D., im März 2010 gehalten haben.

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Book SynopsisDie Ersatzfähigkeit immaterieller Schäden wurde seit dem Inkrafttreten des BGB erheblich erweitert. Die Kompensation ideeller Schäden bei Körper- und Gesundheitsverletzungen, bei Verletzungen des allgemeinen Persönlichkeitsrechts und Benachteiligungen entwickelte sich in jeweils eigenständiger Weise. Daher lag der Entschädigung ideeller Einbußen kein einheitliches Konzept zugrunde. Claudia Schubert legt eine umfassende Analyse des Ausgleichs immaterieller Schäden im Privatrecht vor und bezieht neben der Rechtsvergleichung die Vorgaben des Unionsrechts, der EMRK sowie den Entwurf eines Gemeinsamen Referenzrahmens ein. Sie richtet den Begriff des immateriellen Schadens neu aus, um die ersatzfähigen Schäden vollständig zu erfassen. Sie führt die einzelnen Teilbereiche konzeptionell zusammen und schlägt punktuelle Erweiterung für die Kompensation von Nichtvermögensschäden vor. Die Funktion der Entschädigung beschreibt sie als Schadenswiedergutmachung. Eine selbständige Genugtuungs- oder Präventionsfunktion lehnt die Autorin ab und spricht sich stattdessen für die Regelung von Privatstrafen aus, um das Schadensersatzrecht partiell zu ergänzen.

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Book SynopsisDer Sammelband enthält ausgewählte Schriften von Hans-Jürgen Hellwig zum anwaltlichen Berufsrecht und zur anwaltlichen Berufsethik, die in den letzten Jahren die Entwicklung dieser Bereiche maßgeblich geprägt haben. Sie nehmen neben der nationalen stets auch die europäische Dimension ihres Gegenstandes in den Blick. Alle Beiträge eint der elementare Bezug zur Freiheit (und ihren immanenten Beschränkungen), der im Blick auf eine rechtsstaatlich-demokratische Staats- und Gesellschaftsordnung dem Bild des Anwalts prägende Konturen verschafft hat, die nicht nur zu bewahren, sondern darüber hinaus ständig fortzuentwickeln und auszubauen sind.

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Book Synopsis

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