Thinking Like a Lawyer: A New Introduction to Legal Reasoning
Frederick Schauer - 2009
It argues, among other things, that the best decision in a case is not always the best legal decision.
Unbillable Hours: A True Story
Ian Graham - 2010
Landing a job at a prestigious L.A. law firm, complete with a six figure income, signaled the beginning of the good life for Ian Graham. But the harsh reality of life as an associate quickly became evident. The work was grueling and boring, the days were impossibly long, and Graham’s sole purpose was to rack up billable hours. But when he took an unpaid pro bono case to escape the drudgery, Graham found the meaning in his work that he’d been looking for. As he worked to free Mario Rocha, a gifted young Latino who had been wrongly convicted at 16 and sentenced to life without parole, the shocking contrast between the greed and hypocrisy of law firm life and Mario’s desperate struggle for freedom led Graham to look long and hard at his future as a corporate lawyer.Clear-eyed and moving, written with the drama and speed of a John Grisham novel and the personal appeal of Scott Turow’s account of his law school years, Unbillable Hours is an arresting personal story with implications for all of us.
The Curmudgeon's Guide to Practicing Law
Mark Herrmann - 2006
The book covers the basics of law practice and law firm etiquette, from doing effective research and writing to dressing for success, dealing with staff and clients and building a law practice. Concise, humorous and full of valuable (albeit curmudgeonly) insight, this is a must-read for every newly minted law school graduate or new lawyer.
Case of a Lifetime: A Criminal Defense Lawyer's Story
Abbe Smith - 2008
Some are exonerated through DNA evidence, but many more languish in prison because their convictions were based on faulty eyewitness accounts and no DNA is available. Prominent criminal lawyer and law professor Abbe Smith weaves together real life cases to show what it is like to champion the rights of the accused. Smith describes the moral and ethical dilemmas of representing the guilty and the weighty burden of fighting for the innocent, including the victorious story of how she helped free a woman wrongly imprisoned for nearly three decades.
For fans of Law and Order and investigative news programs like 20/20, Case of a Lifetime is a chilling look at what really determines a person's innocence.
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.
When Brute Force Fails: How to Have Less Crime and Less Punishment
Mark A.R. Kleiman - 2005
Even as the prisoner head count continues to rise, crime has stopped falling, and poor people and minorities still bear the brunt of both crime and punishment. When Brute Force Fails explains how we got into the current trap and how we can get out of it: to cut both crime and the prison population in half within a decade. Mark Kleiman demonstrates that simply locking up more people for lengthier terms is no longer a workable crime-control strategy. But, says Kleiman, there has been a revolution--largely unnoticed by the press--in controlling crime by means other than brute-force incarceration: substituting swiftness and certainty of punishment for randomized severity, concentrating enforcement resources rather than dispersing them, communicating specific threats of punishment to specific offenders, and enforcing probation and parole conditions to make community corrections a genuine alternative to incarceration. As Kleiman shows, "zero tolerance" is nonsense: there are always more offenses than there is punishment capacity. But, it is possible--and essential--to create focused zero tolerance, by clearly specifying the rules and then delivering the promised sanctions every time the rules are broken. Brute-force crime control has been a costly mistake, both socially and financially. Now that we know how to do better, it would be immoral not to put that knowledge to work.
In Black and White
Alexandra Wilson - 2020
Slower this time, taking in the details of everyone's faces. I began to play the game I'd played my whole life: spot the black person. Of course, I wish it didn't matter what I looked like or where I came from, but it was obvious that no one there looked like me.'Alexandra is 25, mixed-race and from Essex. As a trainee criminal barrister, she finds herself navigating a world and a set of rules designed by a privileged few. This is her story.We follow Alexandra through a criminal justice system still divided by race and class. We hear about the life-changing events that motivated her to practice criminal law, beginning with the murder of a close family friend and her own experiences of knife crime. She shows us how it feels to defend someone who hates the colour of your skin or someone you suspect is guilty, and the heart-breaking cases of youth justice she has worked on. We see what it's like for the teenagers coerced into county line drug deals and the damage that can be caused when we criminalise teenagers.Her story is unique in a profession still dominated by a privileged section of society with little first-hand experience of the devastating impact of violent crime.
A Private Life
Michael Kirby - 2011
Speaking in his own voice, he opens up as never before in a beautifully written, reflective and generous memoir - one that Michael Kirby's many admirers have been waiting for.Michael Kirby is one of Australia's most admired public figures. In times of spin and obfuscation, he speaks out passionately and straightforwardly on the issues that are important to him. Even those who disagree with him have been moved by the courage required of him to come out as a high-profile gay man, which at times has caused him to be subjected to outrageous assaults on his character.This is a collection of reminiscences in which we discover the private Michael Kirby speaking in his own voice. He opens up as never before about his early life, about being gay, about his forty-two year relationship with Johan van Vloten, about his religious beliefs and even about his youthful infatuation with James Dean, which sent him on a sentimental journey to Dean's home town in the year 2000, an adventure he here wryly recalls.Beautifully written, reflective and generous, in that warm and gently self-deprecating voice that is so characteristic of him, this is a memoir that Michael Kirby's many admirers have been waiting for.
Black's Law: A Criminal Lawyer Reveals His Defense Strategies in Four Cliffhanger Cases
Roy Black - 1999
This book takes us behind the scenes of four difficult and dangerous cases to reveal the legal strategies, no-holds-barred tactics, and courtroom psychology Roy Black used to make sure his clients received every protection promised by the law. Black demonstrates in riveting detail how a defense attorney must investigate criminal cases by sifting through evidence and preparing for trial. (It's like preparing for war.) He shows us how the principles of law, cross-examination, and evidence -- as well as careful jury selection and skillful use of expert witnesses -- can level the playing field to counter the enormous resources that state and federal prosecutors have at their disposal. Black's Law makes resoundingly clear the crucial role that criminal defense lawyers play in safeguarding the basic right to a fair trial for all.
What About Law: Studying Law at University
Catherine Barnard - 2007
The new edition of this book, which proved very popular when first published in 2007, provides a 'taster' for the study of law; a short, accessible presentation of law as an academic subject, designed to help 17- and 18-year old students and others decide whether law is the right choice for them as a university subject, or, if they have already made the choice, what to expect when they start their law degree. It helps answer the question 'what should I study at university?' and counters the perception that law is a dry, dull subject. What About Law? shows how the study of law can be fun, intellectually stimulating, challenging and of direct relevance to students. Using a case study approach, the book introduces prospective law students to the legal system, as well as to legal reasoning, critical thinking and argument.This is a book that should be in the library of every school with a sixth form, every college and every university, and it is one that any student about to embark on the study of law should read before they commence their legal studies.All of the authors have long experience in teaching law at Cambridge and elsewhere and all have also been involved, at various times, in advising prospective law students at open days and admissions conferences.Listed as one of the 'Six of the best law books' that a future law student should read by the Guardian Law Online, 8th August 2012.See the detailed website for this book: www.whataboutlaw.co.uk.
Business Law
Lee Mei Pheng - 2009
The authors' comprehensive experience in legal practice, banking and teaching have enabled them to provide a condensed and easy to understand coverage of business law principles and areas of interest related thereto.
Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal
Alexandra Natapoff - 2018
Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans--most of them poor and people of color--are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing.For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides.
Glanville Williams: Learning the Law
Glanville L. Williams - 1945
It explains the many skills students need to study effectively for a law degree, including case law techniques, interpreting statutes, undertaking legal research, taking part in mooting and mock trials, and preparing for exams. It gives students the skills they need to undertake legal research for their course and carry forward in their future career. It introduces legal problems and describes how best to tackle them. It helps students understand the meaning of statutes and case law, and offers advice on study methods and exam preparation.
The Concept of Law
H.L.A. Hart - 1961
First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers.In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question.Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world.
Principles of Violin Playing and Teaching
Ivan Galamian - 1964