Legal skills and practice Books

Book SynopsisTrade Review"With his signature candor and penetrating analysis, Anthony C. Thompson contemplates a sea change in legal education. Thompson rightly demands that law school must prepare lawyers to lead. And his book goes one step further, offering a clear and compelling roadmap for reimagining the training of lawyers as leaders, and for the development of lawyer leaders who are accountable not only to their clients, but to their communities." -- Sherrilyn Ifill * President and Director-Counsel of the NAACP Legal Defense Fund *"In this very important and original book, Anthony C. Thompson offers specific lessons focusing on what should be done differently so that law schools can effectively teach leadership skills. Beautifully written and comprehensively researched, Dangerous Leaders provides readers with excellent case studies as effective teaching and learning tools. This original book should be required reading for lawyers, law students, and legal educators." -- Erwin Chemerinsky, Dean, University of California * Berkeley School of Law *"The legal profession is a noble one with the ability to positively or adversely impact our society. This important book thoroughly dissects the implications of that power and enlightens us about the importance of training lawyers to be honorable public citizens. Professor Thompson's work is a compelling exploration of the role that training lawyers as civic-minded custodians of the rule of law can play in impacting the public good." * Congressman Hakeem Jeffries *Table of ContentsContents and AbstractsIntroduction: A New Vision of Leadership for Lawyers chapter abstractAn increasingly uncertain and globalized world demands that lawyers be leaders, yet legal education has failed to prepare lawyers for that responsibility. Consequently, lawyers have made decisions that corrupt organizations and structures, ultimately making them "dangerous leaders." The chapter introduces a new framework called intersectional leadership that will allow leaders to navigate the current complex and unpredictable society. This model has five key components: (1) develop and rely on a team that brings dissimilar experiences to the leader; (2) learn from unlikely sources; (3) collaborate for the greater good, not the leader's incentives; (4) be suspicious of consensus; and (5) have moral courage. 1Piloting the Boat by Looking at the Wake: Leadership Challenges for the Legal Profession chapter abstractThe chapter explores how existing theories of leadership overlap and differ from an intersectional leadership model. The intersectional model is distinct in that it does not assume leadership as hierarchical; rather, it recognizes that leaders should be collaborative and situated at nodes of various networks. This chapter details how each of the five dimensions of intersectional leadership enables the lawyer-leader to assume a broader enterprise function and to expand beyond technical skills taught in law school. It posits that in order for a lawyer to advise his or her client effectively, he or she must rely on truly diverse, and at times competing, perspectives not limited to his or her technical expertise. The chapter concludes by examining how the 2008 financial crisis necessitates a more creative and proactive model of leadership to deal with the demands of a volatile, uncertain, complex, and ambiguous global climate. 2Is There an Echo in Here? Diversity, Tension, and Accountability in the Leadership Team chapter abstractThis chapter uses two case studies to illustrate how failure to construct diverse leadership teams creates blind spots in judgment that can lead to corrupt practices. The first details how Governor Chris Christie created a culture of insularity within his administration and enabled his officials to retaliate against a town that refused to support Christie's bid for reelection. The second case explains how Assistant U.S. Attorney Jim Letten turned a blind eye to his top trusted officials' misconduct and compromised his investigation and ultimately the administration of justice. The chapter identifies takeaways regarding the risks of insularity and outlines concrete steps that law schools and educators can take to foster more diverse and critical lawyer-leadership teams. 3"A Fish Rots from the Head Down": Leadership Failures Behind Closed Doors chapter abstractThis chapter argues that lawyer-leaders must develop practices to ensure integrity in conduct carried out behind closed doors, showing the risks through two examples from the criminal justice system. In each example, prosecutors, although mandated to serve as ministers of justice, permitted their own biases to pollute the environment in which they led—and their behavior cast a wide shadow. Others within an organization look to the leader for guidance on behavior and values; if ugly behavior occurs at the top, it will likely spread across the ranks. When the lawyer-leader sinks to base behavior, this not only drags others down to that level but actually threatens the integrity of the legal system at large. The chapter details several cases in which evidence of racial motivations for striking jurors was used to successfully challenge capital punishment, highlighting the importance of continual integrity and transparency. 4Getting the Balance Right: Personal Ambition vs. the Greater Good chapter abstractThis chapter calls for a framework to help lawyer-leaders make decisions when personal interests and greater goals are in tension. It argues that ethics are foundational to a good legal education, particularly given how many lawyers seek elected office. The chapter outlines two instances where public decisions collided with personal ambition. First, Justice French of the Ohio Supreme Court was running for reelection when she ruled in favor of imposing the death sentence without acknowledging her political ambitions of maintaining a conservative court. Second, when then-governor Bill Clinton was running for president and was criticized for being soft on crime, he refused to grant clemency to a man on death row with a severe mental disability. The chapter concludes that lawyer-leaders must not only be transparent when the greater good conflicts with their personal interests but also must subordinate personal goals in service of the public good. 5If You See Something, Say Something: Leadership Responsibility and Systemic Failures chapter abstractThis chapter explores the role of lawyer-leaders who may not have an explicit role to monitor breaches of public trust but witness ethically ambiguous conduct. By way of example, the chapter details how Enron's outside counsel failed to take their concerns to Enron's executives about the shell companies that ultimately concealed Enron's fraud. The chapter also details how the obvious judicial misconduct of Judge Ciavarella in juvenile court went unreported for six years, despite many prosecutors, public defenders, court officers, and police witnessing his tactics to send kids to his private detention center. The chapter concludes by arguing that lawyer-leaders must be morally attuned to the entire ecosystem within which they operate and sustain difficult conversations to ensure the integrity of the enterprise. 6"Keeping Your Head on a Swivel": Maintaining Multiple Vantage Points chapter abstractThis chapter explores the challenges that emerge when conflicts are essentially baked into the lawyer's role, and the dangers that result when lawyer-leaders fail to balance their competing demands. Focusing on the role of general counsel, this chapter examines how lawyers have historically served two principal functions: guiding the business through its strategic priorities and ensuring compliance with the law at all times. As the general counsel role has evolved, the obligations have become increasingly multifaceted and involve greater complexity and tension than previously. The author uses the examples of two specific general counsels, from Hewlett-Packard and Wells Fargo, whose choices to favor one role over competing roles and to ignore the position's broad mandate damaged the interests they were assigned to protect. The chapter concludes by arguing that lawyers must hold multiple perspectives simultaneously or risk threatening the integrity of the system that they safeguard. 7What Got You Here Won't Get You There: Pulling Together the Leadership Lessons for Lawyers chapter abstractThis chapter debunks the view that lawyers need only rely on their technical expertise to lead. Instead, the chapter argues that lawyer-leaders will need to operate as intersectional leaders embracing the five key leadership attributes that are foundational to the intersectional lawyer-leader. This chapter pulls together the leadership lessons gleaned from the examples in the previous chapters to argue that more is required of today's lawyer-leader than business as usual. The author argues that the intersectional leader must be able to connect people and networks in the service of a common good and shared goal. The chapter also explains that effective lawyer-leaders will need to tap into and hone a set of key skills and attributes that enable them to be emotionally intelligent, cognitively competent, culturally competent, and broadly connected. 8Reducing the Danger Ahead: Teaching Lawyers Leadership chapter abstractThis chapter argues that exposing law students to intersectional leadership education is an important first step toward reducing the danger posed by ill-prepared lawyer-leaders. The chapter contends that if law schools seriously intend to prepare the next generation of leaders, they must recognize and embrace the duty to start this process of learning by exposing law students to leadership concepts and lessons through their pedagogy and substantive discussions. Similarly, practicing lawyers who currently function as leaders or have ambitions to such roles will also need to train for this new form of leadership. The chapter urges law schools to provide leadership learning opportunities for students in dedicated courses as well as traditional courses. The chapter suggests that intersectional leadership is a place to start. Conclusion chapter abstractConsidering the 2016 U.S. presidential election and the Brexit movement in the United Kingdom, and the particular populist leaders they have ushered in, this chapter challenges the notion that appeals to nativism, xenophobia, and division are examples of genuine leadership. The author insists that there are three fundamental components to effective leadership. First, the leader must unite people who may have previously disagreed with the leader. Second, a leader must inspire those whom he or she leads, meaning the entire enterprise, its stakeholders, and its clients. Finally, once the leader has united the organization, enterprise, or country, he or she must move it toward a shared vision of a greater good. Given the decentralized nature of governing and complexity of issues the next generation of lawyer-leaders will face, law schools must teach them intersectional leadership to prepare them for the world that is unfolding.

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Book SynopsisThis book not only offers a practical and comprehensive guide to effective written advocacy, but provides worked examples drawn from real cases contributed from todayâs leading and highly successful advocates.Table of ContentsForeword and Acknowledgements Foreword to the First Edition Table of Cases Introduction: The Trend Towards Written Advocacy in Practice PART 1 SKELETON ARGUMENTS AND WRITTEN SUBMISSIONS 1 What the Court Requires 2 What Judges Want PART 2 DEVELOPING WRITTEN ADVOCACY SKILLS 3 Skills for the Practitioner 4 Creating a Style for Written Advocacy 5 Literary Techniques for the Advocate 6 The Technique of Persuasion in Writing 7 The Art of Précis for Lawyers 8 Tasks before Lodging PART 3 WHAT SUCCESSFUL ADVOCATES PROVIDE: WORKED EXAMPLES 9 Introduction to Worked Examples Worked examples A Queen’s Bench trial – Personal injuries – Quantum only – Claimant’s skeleton opening B Queen’s Bench trial – Clinical negligence – Quantum only – Claimant’s skeleton opening C Queen’s Bench Trial – Employer’s duties – Defendant’s skeleton opening D Queen’s Bench application to vacate trial – Claimant’s skeleton argument E Queen’s Bench Commercial Court trial – Claim for Insurance Indemnity – Claimant’s skeleton opening F Queen’s Bench Commercial Court trial – Claim for Third Party Rights to Insurance Policy – Defendant’s skeleton opening G Chancery Division – Application for summary judgment – Skeleton of 2nd Defendant H Chancery Division trial – Professional negligence – Defendant’s skeleton opening I Central Criminal Court – Preliminary issues of law – Defendants’ skeleton submissions J Crown Court at A – Wasted costs application – Respondent’s skeleton submissions K Court of Appeal – Renewal of application for permission – Applicant’s skeleton L Court of Appeal – Defendant Appellant’s skeleton M Court of Appeal – Defendant Appellants’ skeleton N Court of Appeal – Defendant Respondent’s skeleton O Supreme Court – Appellant’s case P Supreme Court – Respondent (Crown)’s case 10 Conclusion: Fifteen Key Points to Writing a Successful Skeleton PART 4 WRITTEN ADVOCACY OUTSIDE THE COURTS 11 Inter-partes Correspondence: The ‘Dear Judge’ Letter 12 Pre-action Protocol Letters of Claim and Reply 13 Part 36 Offers 14 Introduction to Worked Examples Worked examples Q Letter of claim under Pre-action Protocol R Post-issue letter of claim under Pre-action Protocol S Letter in reply to a Pre-action Protocol T Reply to a threat of injunction U Without Prejudice Part 36 offer 15 Conclusion Select Bibliography Index

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Book SynopsisHow Judges Decide Cases is a unique and practical guide which looks at how cases are decided and judgments are written. It examines the style and language of judges expressing judicial opinion and considers the drive for rational justice.Trade Review"A really useful resource...highly recommended” Law GazetteTable of ContentsIntroduction 1 HOW JUDGES DECIDE CASES 1.1 Judicial transparency 1.2 The mechanics of fact finding 1.3 Questions of weight in fact finding 1.4 Evidence on oath 1.5 The dilemma of impression 1.6 Menschkeit and judicial civility 1.7 Conscious and unconscious bias 1.8 Decision-making in interim applications 1.9 The exercise of judicial discretion 1.10 Decision-making by tribunals 2 THE APPELLATE JUDGMENT 2.1 Appellate courts and tribunals 2.2 Decision-making in the Court of Appeal 2.3 Dissent 2.4 The appeals and appellate committees of the Supreme Court 2.5 Delivery of Supreme Court judgments 2.6 Decision-making by the appellate committee 2.7 The appellate committee and judge-made law 2.8 Judicial Committee of the Privy Council 3 WRITING JUDGMENTS, DECISIONS AND AWARDS 3.1 Delivering and writing judgments 3.2 Preparation 3.3 Judgment in the lower courts 3.4 Judicial training 3.5 On finding facts 3.6 On addressing the loser 3.7 On the task in hand 3.8 On the issue of credibility 3.9 On the use of language 3.10 On using counsel’s written submissions 3.11 Personal views on framework 3.12 Civil fast track 3.13 Family cases 3.14 Master’s or district judge’s application 3.15 High Court trial 3.16 Arbitration 3.17 Writing tribunal decisions 3.18 A general approach 3.18.1 Identify the issues 3.18.2 Finding the facts 3.18.3 Telling the tale 3.18.4 Setting out the law 3.18.5 The parties’ submissions 3.18.6 Stating the conclusions 3.19 Majority decisions 3.20 Interlocutory rulings and orders 3.21 Model decision-writing for tribunals 3.22 Writing appellate judgments 3.23 Appellate tribunal awards 3.24 Court of Appeal judgments 4 READING JUDGMENTS 4.1 Basic principles: focus and time 4.2 Focus 4.3 Time 4.4 Inspectional reading 4.5 The mechanics of analytical reading 4.6 Form and structure 4.7 Preparing an analysis 4.8 Classification 4.9 Interpretation 4.10 Deconstruction 4.11 Syntopical reading 5 THE USE OF LANGUAGE IN JUDGMENTS 5.1 The choice of judicial language 5.2 Linguistic analysis 5.3 The use of words 5.4 The structure of sentences 5.5 The language of lawyers 5.6 Contemporary vocabulary and social change 5.7 Dealing with technical and specialist vocabulary 5.8 The residual use of legal Latin and French 5.9 Literary style in judgments 5.10 Judicial literary techniques 5.11 Imperative and declarative sentences 5.12 The compressive metaphor 5.13 The elegant variation 5.14 The factual allusion 5.15 The literary allusion 5.16 Simplification of ideas 5.17 Other techniques 5.18 The impact of distinctive judicial literary style 6 ANALYSING JUDGMENTS: REASONING, ARGUMENT AND LEGAL LOGIC 6.1 Reasoning, argument and legal logic 6.2 Locating the arguments 6.3 Units of reasoning 6.4 Finding the solution 6.5 The domestic approach 6.6 Judicial reasoning and the role of persuasion 6.7 Distinguishing grammatical and logical interpretation 6.8 Positive judicial argument 6.9 Aids to reasoning 6.10 The judge and the expert 6.11 The use of precedent 6.12 Precedent and reasoning 6.13 At the coal face: trial judges 6.14 Distinguishing your judgment 6.15 Ratio and obiter 7 ANALYSING JUDGMENTS: TECHNIQUES FOR CRITICISM 7.1 Criticising a judgment fairly 7.2 Analysing your disagreement objectively 7.3 Distinguishing between knowledge and opinion 7.4 The focus of your criticism 7.5 The mechanics of fair criticism 7.6 Uninformed 7.7 Misinformed 7.8 Illogical 7.9 Incompleteness 7.10 The structured critique 8 USING LAW REPORTS 8.1 Fundamentals and difficulties 8.2 The functionality of law reports 8.3 Accuracy in law reporting 8.4 Editorial anomalies Bibliography

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Book SynopsisTable of ContentsContents List of Figures and Tables Introduction Acknowledgements PART A - BEFORE TOUCHING A KEYBOARD OR OPENING A BOOK … 1 WHERE TO START THE RESEARCH Preparing to undertake research Analysing the problem Deriving keywords 2 WHICH SOURCES TO USE Classifying the types of information needed Choosing the best source: print or electronic? Which sources should I search first? 3 HOW TO CHOOSE THE SOURCES Asking fundamental questions about a source Be ‘streetwise’ about using the internet PART B -SELECTING THE RIGHT SOURCE AND USING IT EFFECTIVELY 4 GENERAL LAW ENCYCLOPEDIAS Introduction United Kingdom England and Wales Scotland Northern Ireland European Union International 5 LEGISLATION Introduction United Kingdom Wales Scotland Northern Ireland European Union International – bilateral treaties International – multilateral treaties (including Council of Europe) UK Treaties and agreements 6 CASE LAW Introduction England and Wales Scotland Northern Ireland European Union European Court of Human Rights International 7 PROCEDURAL LAW Criminal procedure Civil procedure 8 STANDARD FORMS AND PRECEDENTS External Internal 9 WORDS AND PHRASES Introduction England and Wales Scotland Northern Ireland European Union International 10 UPDATING KNOWN LAW Introduction United Kingdom England and Wales Wales Scotland Northern Ireland European Union Council of Europe International 11 COMMENTARY ON THE LAW Introduction Cross-jurisdictional United Kingdom European Union European human rights International How to cite books and journal articles Commentary via blogs and twitter 12 PRE-LEGISLATIVE PROPOSALS United Kingdom European Union European human rights International 13 OTHER OFFICIAL INFORMATION United Kingdom European Union International 14 WHERE TO FIND LEGAL INFORMATION NOT AVAILABLE WITHIN YOUR FIRM OR CHAMBERS England and Wales Scotland Northern Ireland Other, free sources Three charged-for services 15 BUSINESS INFORMATION Company confirmation statements and accounts Company annual reports Filings by listed companies: offer documents, prospectuses and shareholders’ circulars Company news, market news and deals Credit worthiness Analyst reports and research Share prices Interest rates Business news Company directories Information on individuals 16 INFORMATION ABOUT PEOPLE AND PERSONALITIES CONNNECTED WITH THE LAW Central government Public bodies Courts Law firms Law libraries Legal professionals and their societies Expert witnesses 17 PORTALS, GATEWAYS AND MORE Portal websites Searchable subject gateway Overseas domestic law International and comparative law PART C - PRESENTING THE RESULTS EFFECTIVELY 18 WRITING TO IMPRESS What this chapter is about Advice on good writing skills Style manuals Style manuals for legal citations PART D - HOW TO GET THE BEST DEAL FROM COMMERCIAL LAW PUBLISHERS 19 BUYING LEGAL INFORMATION Introduction Which are the main commercial publishers? How to buy information in print format Challenges and pitfalls of buying online information Hints and tips when negotiating with online law information providers APPENDICES 1 Lists of Abbreviations 2 What Does this Technical Term Mean? 3 Court Directions Relating to Legal Research 4 Using Databases Better 5 Popular Names Index to UK Cases and EU Legislation and Cases Subject Index Index of Published Materials Index to Databases and Organisations

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Book Synopsis'Advocacy: A Practical Guide' is for those who wish to learn essential advocacy skills as well as those seeking to make their advocacy more effective. This accessible book is intended to give you essential knowledge, tips, confidence and support.Trade Review“I have read no better guide to the practicalities of good advocacy than Peter Lyons’ book. It is informed by years of experience and by a wealth of illuminating anecdotes that will instruct and entertain all advocates from the novice to the QC. It is easy to understand, comprehensive (from opening submissions, through cross-examination to final speeches) and, as one would expect of a book on advocacy, completely persuasive.” From the foreword by Lord Pannick QC"This book is really first rate and can be read with pleasure and benefit any advocate at any stage of their career." From review by David Pickup in Law Society Gazette.Table of ContentsIntroduction 1 Presentation Skills 2 The Qualities of a Good Advocate 3 Professional Conduct 4 Case Analysis 5 Interim Applications (Motions) 6 Written Advocacy 7 Skeleton Arguments 8 Preparing Witnesses 9 Examination-in-Chief or Direct Examination 10 Cross-examination 11 Re-examination 12 Expert Witnesses 13 Addresses 14 Submissions of Law 15 Further Reading Appendix Case Study

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Book SynopsisThis book gives legal practitioners, academics, and law students a comprehensive look at the main impacts of artificial intelligence use in legal practice. Contributors identify the main challenges surrounding a legally compliant and ethical development of AI and craft a framework for analyzing the costs and benefits of new technology.Table of Contents1. Lawyering in the Digital Age Pietro Ortolani and Larry A. DiMatteo; Part I. Effects of Technology on Legal Practice: 2. Disruptive effects of legal tech Larry A. DiMatteo, Jiang Christine Jiaying and Robert Thomas; 3. The effects of technology on legal practice: from punch card to artificial intelligence? Andrė Janssen and Tom J. Vennmanns; 4. Legal drafting and automation Benjamin Werthmann; 5. Emerging rules on artificial intelligence: Trojan horses of ethics in the realm of law? Florian Möslein and Maximilian Horn; Part II. Legal Tech and ADR: 6. Legal tech in ADR Mateja Durovic and Franciszek Lech; 7. A blockchain-based smart dispute resolution method Alessandro Palombo, Raffaele Battaglini and Luigi Cantisani; 8. Digital dispute resolution: blurring the boundaries of ADR Pietro Ortolani; Part III. Legal Tech in Consumer Relations and Small Claims 9. Legal tech in consumer relations and small-value claims: a survey Francisco de Elizalde; 10. Regulation of legal services and access to justice in the digital age: a war report Jin-Ho Verdonschot and Max Houben; 11. Legal tech and EU consumer law Martin Ebers; 12. The two faces of legal tech in B2C relations Eric Tjong Tjin Tai; Part IV. Legal Tech and Public Law: 13. Blockchain's heterotopia: technological infrastructures and lawyering in the public sector Georgios Dimitropoulos; 14. Fundamental rights and the use of artificial intelligence in court Jean-Marc van Gyseghem; 15. Legal tech in public administration: prospects and challenges Antonios Kouroutakis; Part V. Legal Ethics and Societal Values Confront Technology: 16. Ethics guidelines for trustworthy AI Michel Cannarsa; 17. Ethical digital lawyering: technical and philosophical insights Mathieu Guillermin, Arnaud Billion, Carine Copain-Héritier and Emmanuel de Vaujany; 18. Law, disintermediation, and the future of trust Christoph Kletzer; Part VI. Fate of the Legal Professions: 19. Lawyering somewhere between computation and the will to act: a digital age reflection Jeffrey M. Lipshaw; 20. Surviving the digital transformation – a method for lawyers to approach legal tech Paw Fruerlund and Sebastian Peters; 21. Road forward: promise and danger Larry A. DiMatteo and Pietro Ortolani.

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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 SynopsisIn this groundbreaking book, Randall Kiser presents a multi-disciplinary, practice-based introduction to the major soft skills for lawyers: self-awareness, self-development, social proficiency, wisdom, leadership, and professionalism. The work serves as both a map and a vehicle for developing the skills essential to self-knowledge and fulfillment, organizational respect and accomplishment, client satisfaction and appreciation, and professional improvement and distinction. It identifies the most important soft skills for attorneys, describes and applies hundreds of studies regarding psychology, law, and soft skills, and provides concrete steps and methods to improve soft skills. The book should be read by law students, attorneys, and anyone else interested in how lawyers should practice law.Trade Review'Any objective reading of this book would conclude that legal education has been scooped by Randall Kiser. Building upon his prior research on why some trial lawyers consistently outperform others, Kiser has delved deeper into the component parts of lawyer success. Soft Skills for the Effective Lawyer creates a simplifying and unifying framework that ties together research from a wide array of disciplines, and then places these insights into a practical format for lifetime self-improvement. In addition to applying Soft Skills to my own professional life, I am building a curriculum around this book. History will judge Kiser and Soft Skills as part of a major breakthrough in changing legal education for the better.' William Henderson, Professor and Stephen F. Burns Chair on the Legal Profession, Indiana University Maurer School of Law'A remarkable achievement, this book has the power to change how the profession thinks about the skills required for excellence. Marshalling the best available research and packed with insights, Soft Skills for Effective Lawyers will help aspiring lawyers acquire the skills required for successful practice, lasting client relations, and a fulfilling career. I know of no other book on lawyering with the scope and depth of this masterly work.' Sverre Blandhol, Universitetet i Oslo and founder of Palatin AS'Recent empirical evidence establishes that 'soft' skills are essential for effective lawyering and many lawyers come up short. Good news, though - soft skills can be learned and here is a book that teaches lawyers how to master these skills. Randall Kiser succeeds in demystifying what distinguishes top performing attorneys from those who are merely technically competent. Reading this book is sure to enhance your performance as a lawyer and equip you to fill the needs for which clients seek our counsel. It builds chapter by chapter to the real payoff of providing insight into wisdom, leadership, and professionalism. This book helps lawyers who have the intellectual hardware develop the software necessary to become legal counselors.' Jay Folberg, Professor and Dean Emeritus, University of San Francisco School of Law'Just as the legal profession is beginning to understand the critical need for soft skills, along comes Randall Kiser with an engaging and well-researched book that not only explains key soft skills such as emotional intelligence, professionalism, perspective taking, and decision making, but provides practical information on how to increase skills. Full of interesting examples, studies, interviews, and expert tips, this is a book that should be on the shelf of any lawyer interested in excelling in an increasingly competitive market.' Teresa Frisbie, Director, Dispute Resolution Program, Loyola University Chicago School of Law​'Based on hundreds of empirical studies, Soft Skills for the Effective Lawyer is at the leading edge of the future of the legal profession. Contrary to conventional legal training, which puts the emphasis quasi-exclusively on logical and rational legal reasoning, Randall Kiser demonstrates in a persuasive manner that lawyers' effectiveness is largely influenced by their mastery of 'soft skills': self-awareness, self-development, social proficiency, wisdom, leadership, and professionalism. With this convincing evidence, the time is ripe for law schools to introduce soft skills training into their course curriculums. Kiser provides a variety of tools and techniques to assist lawyers to improve, recover, and enhance their long forgotten soft skills.' Véronique Fraser, Professor, Dispute Resolution Program, Faculty of Law, Université de Sherbrooke, Canada'This book is onto something crucial to attorneys, and we should all listen very carefully. Time and time again, I've seen the thoughtful use of soft skills help produce the best results in resolving civil disputes as well as managing through crisis events. We can all benefit from Randall Kiser's well-researched work and practical advice in this critical area.' Mark LeHocky, former public company general counsel, and Adjunct Professor of Mediation Advocacy, University of California, Davis'Pretty much everything that Randy Kiser publishes is simply brilliant. I can't wait to read this new book.' Donna Shestowsky, Indisputably (www.indisputably.org)'The book synthesizes a great deal of research on psychology and lawyers, citing numerous empirical studies. It would be useful as a recommended reading for law students who want to get a head-start on honing skills that they will really need after graduation.' John Lande, Best Practices for Legal Education (www.bestpracticeslegaled.albanylawblogs.org)'Soft Skills for the Effective Lawyer lives up to its title with a studious examination of invaluable 'soft skills' for the legal profession - vital abilities that not traditionally studied in law school, including communication skills, resilience, leadership, and empathy. Chapters discuss the most essential soft skills, and effective ways to cultivate and maintain them, with particular emphasis on Wisdom, Self-Awareness, Self-Development, Social Proficiency, Leadership, and Professionalism. An index rounds out this invaluable supplementary resource for self- improvement, highly recommended especially for college library collections and the personal reading lists of legal professionals.' James A. Cox, Library Bookwatch'This is a great book for lawyers. It explains skills that help lawyers do a better job for their clients. Some of these skills are patience, trust, and optimism. People can develop these skills and make them stronger. For example, the book lists seven ideas for lawyers to help them be more creative … It should be mandatory reading for every lawyer, law student, law professor, and CLE provider.' Lainey Feingold, Disability Rights LawyerTable of Contents1. Introduction; 2. Essential soft skills; 3. Self-awareness; 4. Self-development; 5. Social proficiency; 6. Wisdom; 7. Leadership; 8. Professionalism; 9. Conclusion.

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Book SynopsisCommon-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on and will prompt lawyers to pose fresh questions about the common law tradition and the nature of judicial decision-making.Trade Review'Professor Duxbury provides us with a wealth of scholarship and some valuable insights into two aspects of judging which have not received much attention to date. In particular, he shows us how the two are inter-related – all dissents being essentially obiter dicta – and debunks the myth that today's dissent is tomorrow's orthodoxy – although I hope that it is not always a myth.' Brenda Hale, the Baroness Hale of Richmond, former President of the Supreme Court of the United Kingdom'A very thoughtful discussion of two aspects of judicial practice which deserve more attention, exploring how obiter dicta are used to fit an individual case into a wider principled legal scheme and what moves judges to write dissents. It encouraged me to reflect more deeply about my own judicial writing.' Philip Sales, Justice of the Supreme Court of the United Kingdom and the Judicial Committee of the Privy Council'In these twin essays of breathtaking range and erudition, Neil Duxbury illuminates two largely unstudied ways in which judges contribute to the common law by expressing views that create no binding precedent. Anyone interested in the craft of judging will be wiser, as well as hugely well informed, after reading this book.' George Leggatt, Justice of the Supreme Court of the United Kingdom'Advocates and judges constitute a small minority of the legal profession. But they and others will be rewarded by reading this attractive, succinct monograph, which is an exemplary and insightful study into under-appreciated aspects of the craft of judgment writing and legal argument…. It is difficult to imagine readers who would not emerge wiser from reading the account of the changing attitudes to majority decisions of multi-member courts.' Mark Leeming, Judge of Appeal, Supreme Court of New South Wales, Cambridge Law Journal'Anyone writing on either dicta or dissent shall firmly stand upon the shoulders of this book.' Elijah Granet, Notes on the Style of the Law'I warmly recommend this lepidum novum libellum. Its charm is different from that of Catullus, but it is immensely readable, and readers will be richly rewarded.' Mark Leeming, Cambridge Law JournalTable of ContentsPreface; Table of cases; Prologue; Essay I. Dicta: introduction; 1. The civilian dimension; 2. Case law as common law; 3. 'Obiter' as legal entity; 4. Dicta depicted; 5. Oblique strategies; 6. Engines of confusion; 7. The necessity test; 8. Cheap talk; 9. Dicta and dicta; 10. Nearly law?; 11. Observation and authority; 12. The sources problem; Essay II. Dissent: introduction; 13. Some preliminary observations on dissent; 14. The nature of judicial dissent; 15. Without contraries is no progression?; 16. Stalemates and motivations; 17. Dissents, decisions, and courts; 18. The tug of unanimity in England's courts; 19. Dissent in an apex court; 20. When is a dissent not a dissent?; 21. Minorities as authorities; 22. Are we agreed?; Index.

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Book SynopsisBecoming a lawyer is about much more than acquiring knowledge and technique. As law students learn the law and acquire some basic skills, they are also inevitably forming a deep sense of themselves in their new roles as lawyers. That sense of self  the student's nascent professional identity needs to take a particular form if the students are to fulfil the public purposes of lawyers and find deep meaning and satisfaction in their work. In this book, Professors Patrick Longan, Daisy Floyd, and Timothy Floyd combine what they have learned in many years of teaching and research concerning the lawyer's professional identity with lessons derived from legal ethics, moral psychology, and moral philosophy. They describe in depth the six virtues that every lawyer needs as part of his or her professional identity, and they explore both the obstacles to acquiring and deploying those virtues and strategies for overcoming those impediments. The result is a straightforward guide for law stuTable of Contents1. Introduction and Overview; 2. Motivation and Professional Identity; 3. Competence as a Professional Virtue; 4. Fidelity to the Client as a Professional Virtue; 5. Fidelity to the Law as a Professional Virtue; 6. Public Spiritedness as a Professional Virtue; 7. Civility as a Professional Virtue; 8. Practical Wisdom as a Professional Virtue; 9. Professional Identity and the Future of the Legal Profession

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Book SynopsisThe field of artificial intelligence (AI) and the law is on the cusp of a revolution that began with text analytic programs like IBM''s Watson and Debater and the open-source information management architectures on which they are based. Today, new legal applications are beginning to appear and this book - designed to explain computational processes to non-programmers - describes how they will change the practice of law, specifically by connecting computational models of legal reasoning directly with legal text, generating arguments for and against particular outcomes, predicting outcomes and explaining these predictions with reasons that legal professionals will be able to evaluate for themselves. These legal applications will support conceptual legal information retrieval and allow cognitive computing, enabling a collaboration between humans and computers in which each does what it can do best. Anyone interested in how AI is changing the practice of law should read this illuminating wTrade Review'In relation to the composition of this book, it provides a comprehensive and user-friendly description of this interdisciplinary area, focusing on the suitability of developing legal devices based on artificial intelligence. The structure of the work allows users to analyse how representation of legal logic knowledge occurs, and its suitability for computational implementations … On this matter, the author provides relevant and understandable illustrations that facilitate the linkage between theory and the development of the techno legal implementations. … Artificial Intelligence and Legal Analytics: New Tools for Law Practice in the Digital Age is a fundamental work for those of us who are interested in the intersection between intelligent technology and the legal field, and its promising future.' Jesus Manuel Niebla Zatarain, SCRIPTedTable of ContentsPart I. Computational Models of Legal Reasoning: 1. Introducing AI and Law and its role in future legal practice; 2. Modeling statutory reasoning; 3. Modeling case-based legal reasoning; 4. Models for predicting legal outcomes; 5. Computational models of legal argument; Part II. Legal Text Analytics: 6. Representing legal concepts in ontologies and type systems; 7. Making legal informational retrieval smarter; 8. Machine learning with legal texts; 9. Extracting information from statutory and regulatory texts; 10. Extracting argument-related information from legal case texts; Part III. Connecting Computational Reasoning Models and Legal Texts: 11. Conceptual legal information retrieval for cognitive computing; 12. Cognitive computing legal apps.

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Book SynopsisButterworths In House Lawyers'' Handbook is the first and only text to bring together all the practical guidance, precedents, expert commentary and key source material for the in-house law department.In-house lawyers in all types of institutions will benefit from the insights Ian Jones' commentary provides. The book covers all the key planks of the internal legal advisors' role, from managing a legal team to handling the procurement process.In today''s world, in-house counsel in businesses and the public sector are expected to have a thorough understanding of the aims and activities of their institution, and relate that understanding to the advice they give their employer. Aside from this requirement, the in-house lawyer needs a high level understanding of a range of legal issues in multiple jurisdictions and to know how to access that information quickly. This book assists that by providing key precedents and accessible information on a range of the most common issues in core jurisdic

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Book SynopsisWilliam R. McKay is a qualified solicitor and Senior Lecturer on the Legal Practice Course at London Metropolitan University.  He teaches Business Law and Practice, Intellectual Property, Employment Law, and Mediation.  He has also taught civil litigation, civil advocacy, opinion writing, drafting, and employment law on the Bar Vocational Course.  Helen E. Charlton (LL B and MA TEFL) has taught English as a foreign language for several leading language schools.  She teaches Business English to clients from major corporations and has worked in Japan. Grant Barsoumis a Senior Lecturer in Academic English and Academic Skills at London Metropolitan University.  In addition to his extensive experience in teaching English in the UK, Egypt and France, he has worked for over ten years as a translator and interpreter for the legal profession.  For the last ten years he has been teaching at universities with parTable of ContentsAcknowledgements Preface to the second edition Chapter 1: Academic writing Chapter 2: Reading law at university Chapter 3: Writing letters, e-mails and internal documents Chapter 4: Drafting legal documents for business Chapter 5: Drafting for court Chapter 6: Oral presentation skills Chapter 7: Interviewing and advising Chapter 8: Negotiation Chapter 9: Advocacy Appendix: Legal study and research guide Glossary Suggested answers to exercises

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Book SynopsisBest practices for legal writing in the workplace and for students of law. BarCharts, Inc was founded on our law guides created by the owner, designed to understand the significance of details within the larger scheme of the law, as a daily refresher, and to review before the Bar Exam. Twenty five years later we keep those guides up to date for students of law and criminal justice, paralegals and practicing lawyers to have the most handy legal reference to the most important points of the law possible in 6 laminated pages. 6-page laminated guide includes: Essentials of a Legal Memorandum Creating the Heading Explaining the Facts Drafting the Question Presented Drafting the Brief Answer Section Drafting the Discussion Section Drafting the Conclusion Section More Complex Organization Plans Best Practices for Editing & Revising Types of Legal Logic Plain English Translation Table Suggested uses: Students -- keep your legal writing in check with a quick review plus constant refreshers bef

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Book SynopsisLaw firms are important economic institutions in this country: they collect hundreds of millions of dollars annually in fees, they order the affairs of businesses and of many government agencies, and their members include some of the most influential Canadians. Some firms have a history stretching back nearly two hundred years, and many are over a century old. Yet the history of law firms in Canada has remained largely unknown. This collection of essays, Volume VII in the Osgoode Society's series of Essays in the History of Canadian Law, is the first focused study of a variety of law firms and how they have evolved over a century and a half, from the golden age of the sole practitioner in the pre-industrial era to the recent rise of the mega-firm. The volume as a whole is an exploration of the impact of economic and social change on law-firm culture and organization. The introduction by Carol Wilton provides a chronological overview of Canadian law-firm evolution and emphasizes

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Book SynopsisProposes groundbreaking, fundamental reform for the adversarial legal system to keep innocent people from going to prison We rely on the adversarial legal system to hold offenders accountable, ensure everyone is playing by the same rules, and keep our streets safe. Unfortunately, a grave condition lingers under the surface: at all times the imprisonment of possibly tens of thousands of innocent people. The Plea of Innocence offers a fundamental reform of the adversarial system: plausibly innocent people may now plead innocent and require the government to search for exonerating facts; in return, they will be required to waive their right to remain silent, speak to government agents, and participate in a search for truth. While almost all the participants within the system hope that only guilty people will be convicted, the unfortunate reality is that innocent people are convicted and imprisoned at an alarming rate. With the privatization of defense institutions, accused innocent peopleTrade Review"Featuring compelling analysis and exceptional scholarship, The Plea of Innocence illustrates how the justice system can be revised to protect innocent people from conviction. Few books could be more important or timely." -- Brian Levin, California State University, San Bernardino"Worthy of full consideration by legal scholars and anyone with an interest in justice for those who are innocent." -- Ros Burnett, University of Oxford"A timely and important contribution. As calls for reforming the justice system increasingly enter into the public sphere, Bakken offers a compelling path forward, one that is both possible and revolutionary." -- Marvin Zalman, Wayne State University"Remarkable and convincing. The book is well-written, thoroughly researched and enjoyable to read. It is a rethinking of the criminal law that everyone involved in the criminal justice system should read and contemplate." -- John Hill * The Lawyer's Daily *

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Book SynopsisExplores the critical role that American lawyers have played since the nation's founding and what the future holds for the professionThe American legal profession faces significant challenges: the changing nature of work in the wake of the COVID-19 pandemic; calls for greater racial and gender justice; threats to democracy; the inaccessibility of legal services for the majority of Americans; the risk of obsolescence owing to the emergence of new technologies; and the disaffection many lawyers feel toward their work. Ambitious in its scope yet straightforward in its approach, Lawyer Nation seeks to address these crises by offering a path forward for the legal profession. Ray Brescia provides concrete ideas for transforming law into a field whose services are accessible, egalitarian, and viable in the long term. Further, he addresses how the profession can improve so that the health of its practitioners is not compromised in the process. If the legal profession does not respond to its cr

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Book SynopsisThis book examines lawyers' contributions to creating and maintaining the rule of law, one of the pillars of a liberal democracy. It moves from the European Enlightenment to the modern day, exploring the role of judges, government lawyers, and private practitioners in creating, defining, and being defined by, the demands of modern society. The book is divided into 4 parts representing the big themes. The first part considers lawyers' contribution to the growth of constitutionalism, the second, the formulation of roles and identities, and the third the formation of values. The fourth part focuses on the challenges faced by lawyers and the rule of law in the past 50 years, the neoliberal period, and how they challenge both conceptions of lawyers and the rule of law. Each part is illustrated by defining events, from the execution of Charles I, through the Nuremberg Trials, to the insurrection by supporters of Donald Trump in January 2021. Although the focus is on England and Wales, parallel developments in other jurisdictions, Australia, Canada, New Zealand, and the USA, are considered. This allows analysis of lawyers' historical and contemporary engagement with the rule of law in jurisdictional systems based on the Common Law. Each chapter is thematic, but the passage through the book is broadly chronological.Trade ReviewLawyers and the Rule of Law is worth reading … the book has a respect for its subject – almost a reverence – which in this age of ‘polycrises’ is good to see. It engages and stimulates; it is not anodyne; it challenges us. -- John Flood * Journal of Law and Society *Table of Contents1. Lawyers and the Rule of Law PART 1 GOVERNMENT 2. Revolution 3. Constitution 4. Execution 5. Institution PART 2 PRACTICE 6. Identity 7. Individuality 8. Legality 9. Morality PART 3 PROFESSION 10. Organisation 11. Regulation 12. Representation 13. Incrimination PART 4 FUTURES 14. Professionalism 15. Corporatocracy 16. Globalisation 17. Democracy 18. Epilogue

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Book Synopsis“'What About Law?' succeeds where so many legal guidebooks fail ... [it] skilfully demystifies the law and ably proves its argument. The law is, indeed, all around us - and this book will whet your appetite to find out how and why.” – Alex Wade, The Times (of the previous edition) Law is one of the few subjects that the school leaver, choosing a degree course, will have very little real understanding of. This book comes to the rescue by clearly setting out what a prospective law student can expect and why a student should choose to study law. This new edition is updated to reflect the reality of studying law today, highlighting changes due to Brexit and reforms to constitutional law. The book covers the compulsory subjects every law student has to study: contract, criminal, property and trusts law, and brings them up to date. With a clear core structure and approach it takes a case from each of these subjects to illustrate legal issues and methodology. The writing style is accessible and has the audience – novices to law – firmly in mind. What About Law? shows how the study of law can be fun, intellectually stimulating and challenging. It introduces prospective students to the legal system, legal reasoning, critical thinking and argument. Written by a team of experienced teachers, this book should be read by every student about to embark on the study of law.Trade ReviewA simple and user friendly book that 'sells' out the law as it is with all its various rationales. Fit for anyone embarking on a study of law. -- Vick Krishnan * University of East London *The book provides a useful introduction and context to the study of law, which is relevant for those new to the study of law. It is of particular relevance for those in their foundation year who need an introduction to the core modules they will be taking later on and provides them with an underpinning and foundation to their understanding of these areas. -- Augustina Akoto * University of East London *A really useful book for prospective students, giving an overview of a range of important areas. -- Dr Samuel White * University of the West of Scotland *It is a concise and accessible introduction to law written by experts in each field. In addition to introducing the reader to fundamental legal concepts, each chapter offers an insight into the fascinating peculiarities of the law which will hopefully capture the imagination of potential law students. * Dr Lisa Whitehouse, Schools & Colleges Liaison Officer, University of Hull *'What About Law?' succeeds where so many legal guidebooks fail. The authors give a measured, succinct tour around key legal issues that is both illuminating for the non-lawyer and refreshingly thought-provoking for those whose undergraduate days are long behind them…By anchoring the book in contemporary cases replete with human interest and a tangible effect on our lives, 'What About Law?' skilfully demystifies the law and ably proves its argument. The law is, indeed, all around us - and this book will whet your appetite to find out how and why. -- Alex Wade * The Times (of the previous edition) *..very well conceived and superbly executed. * Charles Rickett, University of Queensland *The authors of this volume expertly identify and communicate the essence of the subject: its broad scope, covering a wide range of social, political and moral problems; its intellectually satisfying methods of analysis, based on logic, precedent and judgment; and, above all, its entertainment value…I very much hope and expect that the information, and enthusiasm, contained in these pages will encourage potential law students. * Foreword by David Pannick QC, Blackstone Chambers *The book is a very good pocket-sized informative text for a quick synopsis of what the UK law consists of and how it operates. Useful to gain a very basic foundation knowledge in certain areas i.e., criminal and the legal system. -- Natasha Roberts * Bangor University *Table of Contents1. Introduction to Law Catherine Barnard, Janet O’Sullivan and Graham Virgo, all University of Cambridge, UK STARTING TO THINK ABOUT LAW THE TOOLS LEGAL METHOD INTERPRETATION IMAGINATION GENERALISATION POLICY UNDERPINNING THE RULE ONE FINAL EXAMPLE CONCLUSIONS 2. Criminal Law Graham Virgo, University of Cambridge, UK THE ELEMENTS OF A CRIME THE REASONS FOR PUNISHMENT REASONS FOR CHARACTERISING CONDUCT AS CRIMINAL FACTS OF BROWN THE KEY OFFENCES THE ISSUE IN BROWN APPLICATION OF THE DECISION THE DISSENTING JUDGES THEORY: AUTONOMY VERSUS WELFARE SUBSEQUENT EVENTS: MOTIVE AND RISK HUMAN RIGHTS LAW REFORM CONCLUSIONS 3. Law of Contract Janet O’Sullivan, University of Cambridge, UK INTRODUCTION SOME CRUCIAL IDEAS ABOUT CONTRACTUAL REMEDIES THE CASE THE HOUSE OF LORDS DECISION IN MORE DETAIL WHAT HAS HAPPENED SINCE RUXLEY? WHAT IF THE BUILDER HAD SAVED MONEY BY BREACHING THE CONTRACT? CONCLUSION 4. Tort Tony Weir, revised by Janet O’Sullivan, University of Cambridge, UK THE MOST FAMOUS TORT CASE THE ‘DUTY’ QUESTION THE KIND OF HARM DAMAGE AND LOSS RECOVERY FOR PURE FINANCIAL HARM APPLICATION IN MCFARLANE FAIR, JUST AND REASONABLE THE REASONS GIVEN IN MCFARLANE THE SPEECH OF LORD STEYN DISTRIBUTIVE JUSTICE PSYCHIATRIC HARM EFFECT ON THIRD PARTIES TORT AS DETERRENCE DETERRENCE AND COMPENSATION TWO EXAMPLES STATUTES AND JUDGE-MADE LAW THE EFFECT OF MCFARLANE DAMAGE AND THE INVASION OF RIGHTS THE UNWANTED BABY ABROAD CONCLUSION 5. Land Law Kevin Gray, University of Cambridge, UK INTRODUCTION THE PROBLEM OF PROPERTY THE CASE (CHHOKAR V CHHOKAR) CONCLUSION 6. Equity and Trusts Graham Virgo, University of Cambridge, UK WHAT IS EQUITY? THE CONTRIBUTION OF EQUITY TYPES OF TRUST THE FACTS OF FOSKETT V MCKEOWN THE POSSIBLE SOLUTIONS IDENTIFICATION AND APPLICATION OF RULES AND PRINCIPLES CONCLUSIONS 7. Constitutional Law Mark Elliott, University of Cambridge, UK PROLOGUE THE MILLER II CASE CONCLUSIONS 8. EU Law, Brexit and International Trade Catherine Barnard, University of Cambridge, UK THE WORLD TRADING REGIME CASSIS DE DIJON BREXIT CONCLUSIONS 9. Conclusions: Drawing Some Threads Together Janet O’Sullivan, Catherine Barnard and Graham Virgo, all University of Cambridge, UK

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Book Synopsis"...the uber-manual of all legislative drafting manuals" Statute Law Review, 2023, 44 If you’re involved in drafting or amending legislation in the Commonwealth, the EU or beyond, you need a guide that will help you with both the traditional and modern techniques of drafting good quality statutory law. Thornton’s Legislative Drafting is recognised as the leading professional title in this area, used and referred to by legal officers and drafters internationally. Completely refreshed and updated, the new sixth edition includes full coverage of contemporary drafting developments and advances. Fully updated and alongside the detailed, learned and professional guidance and examples of best, and bad, practice, the new 6th edition includes new chapters on: - Legislation as a Tool for Regulation - Transposition of EU Legislation - Pre- and post-legislative scrutiny: the lifecycle of legislation Thornton's Legislative Drafting helps the reader to: - Identify the aim of legislation as one of the regulatory tools - Align their concept of legislative quality with that of effectiveness of legislation - Use effectiveness as the criterion for resolving drafting dilemmas - Apply the effectiveness doctrine to all aspects of legislative drafting - Earn exposure to examples of best and bad practice drawn from a plethora of jurisdictions - Earn awareness of best practice in aspects of legislative drafting worldwide - Understand the “why” behind legislative conventions, thus becoming equipped with the tools for their application in practice.Trade Review...the uber-manual of all legislative drafting manuals...Like all legislative drafters around the world, I love Thornton’s Legislative Drafting both in its earlier editions and its new editions, and I will always regard it as an invaluable tool for those who wish to think more about the choices that they make in their everyday drafting activities. It is an essential work for which the legislative drafting community remains constantly grateful. -- Daniel Greenberg CB * Statute Law Review, 2023, 44 *The 6th edition of a legal text is in itself a tribute to its durability and usefulness. In the over 50 years since G.C. Thornton published his 1st edition in 1970, his book has stood the test of time … Under the direction of Professor Xanthaki, the 5th and now 6th editions … have continued to pursue Thornton’s original objective of providing practical guidance to those engaged in drafting legislation. -- John Mark Keyes, University of Ottawa * The Loophole *Table of Contents1 Legislation as a tool for regulation 2 Words 3 Syntax and punctuation 4 Style 5 Specific matters of style 6 Miscellaneous words and expressions 7 Interpretation Acts 8 The drafting process: Part 1 9 The drafting process: Part 2 10 Formalities and arrangement 11 Preliminary provisions 12 Powers and duties 13 Substantive and administrative provisions: Part 1 14 Substantive and administrative provisions: Part 2 15 Substantive and administrative provisions: Part 3 16 Supplementary provisions 17 Penal provisions 18 Final provisions 19 Amending legislation 20 Subordinate legislation 21 Transposition of EU legislation 22 Pre- and post-legislative scrutiny: The lifecycle of legislation

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Book SynopsisCourtrooms and contracts. Legal claims and criminal cases. The legal system can be complex, but you’ll be at an advantage with this enlightening guide by your side! From the day of our birth and your government-issued birth certificate to finding a job and paying your taxes to our eventual death certificate, legal documents, legal rights and responsibilities, and the law are an inescapable part of our lives. From the Constitution to coping with our court system and from employment law, bankruptcy law, and immigration law to the Bill of Rights, The Handy Law Answer Book 2nd edition, answers every conceivable law question, including … What exactly does the U.S. Constitution do? What is an example of a separation of powers problem? How is a law created? Why were the first ten amendments—the Bill of Rights—added to the U.S. Constitution? What three freedoms does the Eighth Amendment protect? How was the U.S. Supreme Court created? What commission studied various reform proposals to the U.S. Supreme Court? How does tort law differ from criminal law? Are children held to the same standards as adults? What was the McDonald’s hot coffee case? Can employers really discriminate against employees for any reason? How does an employee prove a claim of religious discrimination? How does the unemployment benefits process work? What is an arrest? How do you qualify for a court-appointed attorney? What happens if a jury cannot reach a decision? Can cousins legally marry? What happens if a person refuses to pay child support? How long does negative information stay on my credit report? What does it cost to file for bankruptcy? What was the Chinese Exclusion Act? How does one become a U.S. citizen? How can a person obtain asylum? And many, many more! Completely revised and updated for the first time in 15 years, The Handy Law Answer Book answers over 750 of the most important, intriguing, and interesting legal questions. Whether you’re in your living room or law school, this compelling resource will inform you of the basics of the law and legal principles. It will arm you with the knowledge you need to navigate and understand our system of justice!

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Book SynopsisThe Guide to Representing Religious Organizations addresses critical issues and risk factors of concern for religious organizations ranging from formation and governance, to taxes, fundraising and employment issues, and property rights. It outlines the general requirements of applicable law and highlights areas in which religious organizations receive special consideration under the law. The Guide's topical discussions are well organized for ease of reference. This book will assist attorneys who are asked to represent religious organizations as well as provide general information for religious leaders faced with a legal challenge.

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Book SynopsisProfessors Newell and Peterkin deal thoroughly with fundamental grammar skills often overlooked in legal writing textbooks. The chapters in this text cover everything that students should learn in legal writing from spotting issues, to finding and interpreting the law, to writing either an objective or persuasive document for their client or the court. Each chapter provides exhaustive treatment of the topic. The text also provides useful examples and exercises for the reader to test his or her understanding of the topic. The Journey to Excellence in Legal Writing not only contains a thorough explication of legal writing for first-year law students. Upper-level students, practitioners, and judges will also benefit from the instruction contained in these pages. Therefore, this book is the perfect tool for all who wish to learn and improve their legal writing skills. Through The Journey to Excellence in Legal Writing students and other readers will: Learn the differences between primary and secondary law, the doctrine of stare decisis, and the distinction between statutory law and case law. Become skilled at outlining rules in order to identify issues and craft issue statements properly. Gather knowledge to interpret statutes and apply case law to different factual scenarios. Use synthesis to compare court holdings and reasoning in fashioning a general legal principle. Be taught how to develop organizational skills and use grammatical rules appropriately. Be able to apply effective techniques in writing memoranda. Study the importance of ethics in correspondence to clients. Comprehend the power behind mediation and negotiations. Study the best ways to answer examination questions.

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Book SynopsisAddressing the misunderstood and misrepresented aspects of the law in today''s writing, this reliable guidebook demonstrates how to use legal concepts, terminology, and procedure to create fiction that is true to life and crackling with real-world tension. Examples from actual cases are provided along with excerpts of authentic courtroom dialogue. Topics covered include criminal and civil law; differences between federal, state, and Native American jurisdiction; police and private investigation; wills and inheritances; and the written and unwritten codes that govern the public and private conduct of lawyers and judges. Providing a quick and simple legal reference, this handbook is the key to creating innovative plots, strong conflicts, authentic characters, and gritty realism.

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Book SynopsisThis book is for lawyers who are just beginning their careers, who want to do more than show up, act eagerly, and not get fired. This is for lawyers who want to know what their role is in a law firm from day one and take their careers head-on, with direction and purpose. This is for you if you don't care to be frustrated or overwhelmed by your career, but awakened. This is for you if you know that you want to become a leader in your law firm, practice area, or industry down the line. Are you in? Thrive will improve your performance, save you some very real growing pains, and accelerate your legal career.

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Book SynopsisLexisNexis CaseMap is a computer program that makes analyzing cases easier and allows lawyers to do a better job for their clients in less time. This guide is filled with many tips designed to help you get the most from LexisNexis CaseMap. It includes step-by-step instructions and illustrations. It is suitable for beginners and longtime users.

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Book SynopsisHaving the most compelling evidence and airtight argument does not mean you'll win your case if you cannot clearly and expertly express yourself. Using common examples from every-day legal documents, the Grammar and Writing Handbook shows you precisely which rules need to be followed, how to choose the correct words, and the most effective way to structure every sentence. The book includes a brief history of the English language, as well as comprehensive information on: Parts of speech Verb properties Singular vs. plural Punctuation and mechanics Using words to convey meaning Agreement Composing sentences Variety in composing sentences Composing paragraphs Composing a legal memorandum Faux pas: miscellanea Extra credit for grammar maestros This essential handbook also includes an appendix of common irregular verbs, and another appendix with a sample legal memorandum. The Grammar and Writing Handbook is the thorough resource you need that will help you compose more persuasive, stronger material that's flawlessly written--which can be the difference you need to win you the case or the client.

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