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Drafting by Elmer Doonan
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Is Eating People Wrong?: Great Legal Cases and How They Shaped the World
Allan C. Hutchinson - 2010
This book explores eight exemplary cases from the United Kingdom, the United States, and Australia that show the law as a living, breathing, and down-the-street experience. It explores the social circumstances in which the cases arose and the ordinary people whose stories influenced and shaped the law as well as the characters and institutions (lawyers, judges, and courts) that did much of the heavy lifting. By examining the consequences and fallout of these decisions, the book depicts the common law as an experimental, dynamic, messy, productive, tantalizing, and bottom-up process, thereby revealing the diverse and uncoordinated attempts by the courts to adapt the law to changing conditions and shifting demands. Great cases are one way to glimpse the workings of the common law as an untidy, but stimulating exercise in human judgment and social accomplishment.
Why Tolerate Religion?
Brian Leiter - 2012
He offers new insights into what makes a claim of conscience distinctively religious, and draws on a wealth of examples from America, Europe, and elsewhere to highlight the important issues at stake. With philosophical acuity, legal insight, and wry humor, Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.
How to Argue and Win Every Time: At Home, At Work, In Court, Everywhere, Every Day
Gerry Spence - 1995
So you want to know how to compose the winning arguent? How to prepare it? Deliver it? Spense believes that argument begins with the person, and that to argue successfully one must accomplish more than mere teechnique. He maintains that success in arguments, as in life, is a derivative of personal growth, of discoverring who we are, and embracing the uniqueness that is individual to each of us. The Laws of Arguing According to Gerry Spence1. Everyone is capable of making the winning aargument.2. Winning is getting what we want, which also means helping "others" get what they want.3. Learn that words are a weapon, and can be used hostilely in combat.4. Know that there is always a "biological advantage" of delivering the TRUTH.5. Assault is not argument.6. Use fear as an ally in pubic speaking or in argument. Learn to convert its energy.7. Let emotions show and don't discourage passion.8. Don't be blinded by brilliance.9. Learn to speak with the body. The body sometimes speaks more powerfully than words. 10 Know that the enemy is not the person with whom we are engaged in a failing argument, but the vision within ourselves
Law School Confidential: A Complete Guide to the Law School Experience: By Students, for Students
Robert H. Miller - 2000
It demystifies the life-altering thrill ride that defines an American legal education by providing a comprehensive, blow-by-blow, chronological account of what to expect. It arms students with a thorough overview of the contemporary law school experience. This isn't the advice of graying professors or battle-scarred practitioners decades removed from law school. Miller has assembled a panel of recent graduates to act as "mentors", all of whom are perfectly positioned to shed light on what law school is like today. From taking the LSAT, to securing financial aid, to navigating the notorious first semester, to taking exams, to applying for summer internships, to getting on the law review, to tackling the bar and beyond...this book explains it all.
Lawless: A lawyer's unrelenting fight for justice in one of the world's most dangerous places
Kimberley Motley - 2019
She was 32 years old at the time, a former Mrs. Wisconsin (she'd entered the contest on a dare) and a mother of three who had never travelled outside the United States. What she brought to Afghanistan was a toughness and resilience which came from growing up in the projects in one of the most dangerous cities in America, a fundamental belief in everyone's right to justice - whether you live in Milwaukee, New York or Kabul - and a kick-ass approach to practising law that has made her a legend in the archaic, misogynistic and deeply conservative environment of Afghanistan. Through sheer force of personality, ingenuity and perseverance, Kimberley became the first foreign lawyer to practise in the courts of Afghanistan. Her legal work swiftly morphed into a personal mission - to bring "justness" to the defenceless and voiceless.In the space of two years, Kimberley established herself as an expert on Afghanistan's fledgling criminal justice system, steeped in the country's complex laws but equally adept at wielding religious law in the defence of her clients. Her radical approach has seen her successfully represent both Afghans and Westerners, overturning sentences for men and women who have become subject to often appalling miscarriages of justice. Kimberley's story is both the memoir of an extraordinary woman fighting in one of the most dangerous countries in the world, and a page-turning non-fiction legal thriller.
Patent It Yourself
David Pressman - 1985
Attorney David Pressman takes you through the entire patent process, providing scrupulously updated information and clear instructions to help you: -determine if you can patent your invention -understand patent law -evaluate the commercial potential of your idea -perform your own patent search -file a provisional patent application -prepare a formal patent application -respond to patent examiners -amend an application -enforce and maintain your patent -market and license your invention -and much more Thoroughly updated, the 12th edition provides the latest U.S. Patent and Trademark Office rules and forms. It also covers how to file a patent electronically with the USPTO, and how to write your patent application in a manner that doesn't "limit" your patent. Whether you're new at the inventing game or a grizzled veteran, Patent It Yourself will save you grief, time and money.
How to Fix Copyright
William Patry - 2011
We all share the goals of increasing creative works, ensuring authors can make a decent living, furthering culture and competitiveness and ensuring that knowledge is widely shared, but what role does copyright law actually play in making these things come true in the real world? Simply believing in lofty goals isn't enough. If we want our goals to come true, we must go beyond believing in them; we must ensure they come true, through empirical testing and adjustment. Patry argues that laws must be consistent with prevailing markets and technologies because technologies play a large (although not exclusive) role in creating consumer demand; markets then satisfy that demand. Patry discusses how copyright laws arose out of eighteenth-century markets and technology, the most important characteristic of which was artificial scarcity. Artificial scarcity was created by the existence of a small number gatekeepers, by relatively high barriers to entry, and by analog limitations on copying. Markets and technologies change, in a symbiotic way, Patry asserts. New technologies create new demand, requiring new business models. The new markets created by the Internet and digital tools are the greatest ever: Barriers to entry are low, costs of production and distribution are low, the reach is global, and large sums of money can be made off of a multitude of small transactions. Along with these new technologies and markets comes the democratization of creation; digital abundance is replacing analog artificial scarcity. The task of policymakers is to remake our copyright laws to fit our times: our copyright laws, based on the eighteenth century concept of physical copies, gatekeepers, and artificial scarcity, must be replaced with laws based on access not ownership of physical goods, creation by the masses and not by the few, and global rather than regional markets. Patry's view is that of a traditionalist who believes in the goals of copyright but insists that laws must match the times rather than fight against the present and the future.
Getting to Maybe: How to Excel on Law School Exams
Richard Michael Fischl - 1999
The book begins by describing the difference between educational cultures that praise students for "right answers" and the law school culture that rewards nuanced analysis of ambiguous situations in which more than one approach may be correct. Enormous care is devoted to explaining precisely how and why legal analysis frequently produces such perplexing situations. But the authors don't stop with mere description. Instead, Getting to Maybe teaches how to excel on law school exams by showing the reader how legal analysis can be brought to bear on examination problems. The book contains hints on studying and preparation that go well beyond conventional advice. The authors also illustrate how to argue both sides of a legal issue without appearing wishy-washy or indecisive. Above all, the book explains why exam questions may generate feelings of uncertainty or doubt about correct legal outcomes and how the student can turn these feelings to his or her advantage. In sum, although the authors believe that no exam guide can substitute for a firm grasp of substantive material, readers who devote the necessary time to learning the law will find this book an invaluable guide to translating learning into better exam performance.
Tomorrow's Lawyers: An Introduction to Your Future
Richard Susskind - 2013
What Susskind sees is eye-opening-a legal world of virtual courts, Internet-based global legal businesses, online document production, commoditized service, legal process outsourcing, and web-based simulated practice. Legal markets will be liberalized, with new jobs for lawyers and new employers too.Tomorrow's Lawyers is a definitive guide to this future--for young and aspiring lawyers, and for all who want to modernize our legal and justice systems. It introduces the new legal landscape and offers practical guidance for those who intend to build careers and businesses in law. Susskind identifies the key drivers of change, such as the economic downturn, and considers how these will shape the legal marketplace. He then sketches out the new legal landscape as he envisions it, highlighting the changing role of law firms-and in-house lawyers-and the coming of virtual hearings and online dispute resolution. He also suggests solutions to major concerns within the legal profession, such as diminishing public funding, and explores alternative roles for future lawyers in a world increasingly dominated by IT. And what are the prospects for aspiring lawyers? Susskind predicts what new jobs and new employers there will be, equipping prospective lawyers with penetrating questions to put to their current and future bosses.Tomorrow's Lawyers is an essential roadmap to the future of law for those who want to survive the rapidly changing legal landscape.
1L of a Ride: A Well-Traveled Professor's Roadmap to Success in the First Year of Law School
Andrew J. McClurg - 2008
It essentially answers the questions, What s the first year of law school really like and how can I make the most of it? Readers learn what to expect, when to expect it, and how to respond to it. Other how to succeed in law school books exist, but 1L of a Ride is the only book that: Addresses each aspect of academic success, including the top five habits of successful law students, effective class participation, how to interact with professors, case-briefing, note-taking, outlining, exam preparation, and essay and multiple-choice exam strategies. Includes both a professor and student perspective, with comments from real law students as they progressed through their first year from beginning to end. Features authentic samples of Socratic dialogue, student case briefs, student class notes, and exam questions and answers. Focuses on practical advice that can be followed by any student from day one. Employs a lively first-person voice, humor, and dozens of anecdotes to bring the advice to life. Relies on educational research to back up advice. Includes input from other law professors, including an interview with five professors of Legal Writing, the course that causes the most angst and complaints from first-year students. Provides up-to-date advice in step with the changing landscape of U.S. legal education, including coverage of technology issues relevant to law students.
The Rebel: A Biography of Ram Jethmalani
Susan Adelman - 2014
With a career spanning the entire history of independent India and still going strong, he has managed to command respect and evoke anger in equal measure. But did you know that he is the most pro-Israel politician in Asia one of the founders of the prestigious National School of Law, Bangalore one of the first to raise the issue of corruption in India, founder of the Sunday Guardian in the late eighties, one of the longest-serving parliamentarians and that he is married to two wives at the same time? In The Rebel, A Biography of Ram Jethmalani, Susan Adelman, a longtime friend, presents the most updated, authentic and detailed account of his life. Peppered with personal accounts, unknown facets of his life and insider titbits, the book reveals the man behind the larger than life persona of Ram Jethmalani.
24 Hours with 24 Lawyers: Profiles of Traditional and Non-Traditional Careers
Jasper Kim - 2011
Whether you want to be a full-time corporate lawyer, work as a legal consultant while pursuing your music career, or anything in between, this book gives you a unique "all-access pass" into the real-world, real-time personal and professional lives of twenty-four law school graduates. These working professionals each present you with a "profile" chronicling a typical twenty-four-hour day in their traditional and non-traditional careers. You will read actual twenty-four-hour accounts from the perspective of a venture capitalist, Wall Street lawyer, lobbyist, entertainment lawyer, IP attorney, sports broadcaster, JAG officer, prosecutor, criminal defense lawyer, mediator, and politician, just to name a few. From the time they wake up in the morning to the time they go to bed, each professional illustrates what their position entails on a day-to-day basis and will give you invaluable, informative, and honest insight above and beyond what many brochures, guest lectures, career workshops, or law firm website descriptions can provide. After reading 24 Hours with 24 Lawyers, you'll be better prepared to determine which career profile may suit you best before accepting a new job or investing in a legal education.
So Help Me God
Larry D. Thompson - 2004
Lord “The courtroom drama and testimony are brilliantly conceived and carried out…a thoughtful, complex and timely novel, a compelling story one is loath to put aside to do one’s daily work.”—Galveston Daily News "So Help Me God is not only a page-turner but a warning as well. Through a deft, fascinating storyline Larry D. Thompson shows us what can happen here if we're not careful."—Ed Gorman“So Help Me God is an exciting legal thriller that takes the reader on a sizzling ride as a courtroom becomes the battlefield over one of the most controversial social issues of our time. Not since the Scopes Monkey Trial has a man of religion and a man of ideas clashed so dramatically and brilliantly in a courtroom.” –Junius Podrug, award winning author of Presumed Guilty“I don’t think I have ever read anything quite so compelling. Everything was woven together beautifully and could only have been done so by someone who had actually lived through similar experiences in the courtroom.”—pennyterk.com“Move over John Grisham!”—Denton A. Cooley, MD, world-renowned pioneer heart surgeon“Seldom does a first effort at courtroom fiction find itself in the class of such notables as Inherit the Wind, The Verdict, and The Rainmaker. But Larry Thompson’s So Help Me God belongs there. I predict it will become a modern day classic courtroom tale.”—Jim Perdue, Sr., nationally renowned trial lawyer and author of I Remember Atticus“I hated to finish that last page of So Help Me God…the courtroom scenes are both realistic and spell-binding.”—Hartley Hampton, past president of the Texas Trial Lawyers AssociationAbout the AuthorA veteran Texas trial lawyer, LARRY D. THOMPSON has drawn upon decades of experience in the courtroom to produce his first novel, So Help Me God. Thompson, a one-time journalism major who used his talent for writing to excel at the University of Texas School of Law, is now managing partner of the Houston trial firm he founded. Recently honored by Texas Monthly Magazine as a "Texas Super Lawyer," he is the proud father of three grown children, an active golfer, SCUBA diver, runner, and outdoor enthusiast. His biggest inspiration both in life and literature is his late brother, best-selling author Thomas Thompson.
The Morality of Law
Lon L. Fuller - 1965
Fuller extends and clarifies his definition of the relation between law and morality put forward in the first (1964) edition of The Morality of Law. His original argument distinguishes between the morality of duty and the morality of aspiration, both of which bear on the design and operation of social institutions: the former by setting the necessary preconditions of any purposive social endeavor, the latter by suggesting the directions for such endeavor. In the revised edition, Fuller takes accurate aim at the school of legal philosophy called the New Analytical Jurists and continues his long-running debate with his major intellectual antagonist, H.L.A. Hart. Although the author calls the new chapter "A Reply to Critics," his expressed reason for undertaking it indicates that it is more than that: "As critical reviews of my book came in, I myself became increasingly aware of the extent to which the debate did indeed depend on 'starting points' - not on what the disputants said, but on what they considered it unnecessary to say, not on articulated principles but on tacit assumptions. What was needed, therefore, it seemed to me, was to bring these tacit assumptions to more adequate expression than either side has so far been able to do." There is no question that Mr. Fuller here gives the assumptions of his side adequate expression. “The volume must be regarded as an important contribution of general interest to the study of the nature and function of law…Trenchant comment abounds throughout the book, and there is an immense amount of the most valuable material here, as well as considerable food for the thought…his book deserves to reach a very wide audience.” – Law Times.“The book is a provocative one which is certain to excite much academic comment here and abroad.” – Harvard Law Record.“Although fully intelligible to the undergraduate, this book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.” – Choice
Taking Rights Seriously
Ronald Dworkin - 1977
Clearly and forcefully, Ronald Dworkin argues against the "ruling" theory in Anglo-American law--legal positivism and economic utilitarianism--and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority.Mr. Dworkin criticizes in detail the legal positivists' theory of legal rights, particularly H. L. A. Hart's well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls's theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals.Ronald Dworkin's theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.