The Moral Compass Of The American Lawyer
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|Author||: Richard A. Zitrin,Carol M. Langford|
|Editor||: Ballantine Books|
These are perilous times for Americans who need access to the legal system. Too many lawyers blatantly abuse power and trust, engage in reckless ethical misconduct, grossly unjust billing practices, and dishonesty disguised as client protection. All this has undermined the credibility of lawyers and the authority of the legal system. In the court of public opinion, many lawyers these days are guiltier than the criminals or giant corporations they defend. Is the public right? In this eye-opening, incisive book, Richard Zitrin and Carol Langford, two practicing lawyers and distinguished law professors, shine a penetrating light on the question everyone is asking: Why do lawyers behave the way they do? All across the country, lawyers view certain behavior as "ethical" while average citizens judge that same conduct "immoral." Now, with expert analysis of actual cases ranging from murder to class action suits, Zitrin and Langford investigate lawyers' behavior and its impact on our legal system. The result is a stunningly clear-eyed exploration of law as it is practiced in America today--and a cogent, groundbreaking program for legal reform.
|Author||: Idaho State Bar|
|Author||: Kermit L. Hall|
|Editor||: Oxford University Press|
The comprehensive reference guide to American law features entries written by more than three hundred experts on everything from the Salem witchcraft trials to wiretapping.
|Author||: James H. Fierberg|
|Editor||: American Bar Association|
While new law school graduates are pretty well versed in black letter law, they often lack the interpersonal and psychological skills that are imperative to a successful legal career. This book challenges the new lawyer to view themselves through the lens of their colleagues and clients and also to be aware of the basic behavioral norms that are the basis of a successful practice.
|Author||: W. Bradley Wendel|
|Editor||: Princeton University Press|
Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike. Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation.
|Author||: Rennard Strickland,Frank T. Read|
|Editor||: Ohio University Press|
"When you mentioned to family or friends that you were considering becoming a lawyer, you probably faced skepticism, if not serious criticism... You are undoubtedly asking yourself if three or four years of a rigorous and costly legal education is really worth the candle. For you ... we add these final comments. We hope that they will reassure you, as well as your friends and family, that it is possible, as Oliver Wendell Holmes Jr. proclaimed, 'to live greatly in the law.'" -- from The Lawyer Myth Lawyers and the legal profession have become scapegoats for many of the problems of our age. In The Lawyer Myth: A Defense of the American Legal Profession, Rennard Strickland and Frank T. Read look behind current antilawyer media images to explore the historical role of lawyers as a balancing force in times of social, economic, and political change. One source of this disjunction of perception and reality, they find, is that American society has lost touch with the need for the lawyer's skill and has come to blame unrelated social problems on the legal profession. This highly personal and impassioned book is their defense of lawyers and the rule of law in the United States. The Lawyer Myth confronts the hypocrisy of critics from both the right and the left who attempt to exploit popular misperceptions about lawyers and judges to further their own social and political agendas. By revealing the facts and reasoning behind the decisions in such cases as the infamous McDonald's coffee spill, the authors provide a clear explanation of the operation of the law while addressing misconceptions about the number of lawsuits, runaway jury verdicts, and legal "technicalities" that turn criminals out on the street. Acknowledging that no system is perfect, the authors propose a slate of reforms for the bar, the judiciary, and law schools that will enable today's lawyers--and tomorrow's--to live up to the noble potential of their profession. Whether one thinks of lawyers as keepers of the springs of democracy, foot soldiers of the Constitution, architects and carpenters of commerce, umpires and field levelers, healers of the body politic, or simply bridge builders, The Lawyer Myth reminds us that lawyers are essential to American democracy.
|Author||: James R. Maxeiner|
|Editor||: Cambridge University Press|
Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems.
|Author||: Jay M. Feinman,James Edward Clapp|
|Editor||: Oxford University Press, USA|
A helpful legal reference provides definitions, etymologies, and sample sentences for a wide variety of legal terms and phrases, along with information on such topics as living wills, inheritance, legal ethics, power of attorney, and contracts. Reprint.
|Author||: Wim J.M. Touw|
The American legal system is far from perfect. High standards of fairness and equal justice for all are lacking, and conflicts of interest are an integral part of the systems practitioners. In Law Street, author Wim J.M. Touw discusses the ills of the American legal system and investigates the roots of its dysfunction. In his analysis Touw argues that American lawyers have lost their moral and ethical moorings; he provides a unique perspective of how American lawyers have manipulated the British common law system for their own financial benefit or to advance their careers. He compares the legal system of the United States with systems in the worlds foremost democracies to illustrate how American jurisprudence has strayed from its mission. Finally, he examines the criminal law system that puts innocent people in jail and explains in detail how the tort system, the contingency fee, and the loser pays laws have turned the once noble profession of lawyering into a profitable, unregulated business corrupting the legal process. Touw argues that what is good for Wall Street is good for Law Street and explains why American bar associations do not provide proper oversight. With thorough explanations and examples, Law Street tells a story about serious flaws in the American legal system and provides a wake-up call for Americas dysfunctional and often corrupt legal system.
|Author||: Bernard A. Burk,Veronica J. Finkelstein,Nancy B. Rapoport|
|Editor||: Wolters Kluwer Law & Business|
"Concise, accessible, and rules-and-problems-oriented coursebook for law school students taking Professional Responsibility courses"--
|Author||: Jay Folberg,Dwight Golann,Thomas J. Stipanowich,Jennifer Reynolds,Amy J. Schmitz|
|Editor||: Wolters Kluwer Law & Business|
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. Resolving Disputes: Theory, Practice, and Law, Fourth Edition, covers negotiation, mediation, arbitration, and hybrid approaches, preparing law students to represent clients in all types of alternative dispute resolution. The text is practical, while grounded in theory. Drawing on the authors’ decades of experience as teachers, practicing neutrals, and ADR trainers, this casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive video-based resources and attention to prominent developments in the field. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. New to the Fourth Edition: Fresh new material and perspectives benefiting from two new coauthors More problems, techniques, resources, and video-based examples of effective representation in mediation Integrated access to videos, allowing students to view professionals applying techniques discussed in the book as they read Streamlined presentation—concise excerpts and summaries that allow shorter reading assignments Greater coverage of online dispute resolution (ODR) and dispute systems design (DSD)—two of the most important new directions in the field Increased focus on gender, #MeToo, culture, social activism, historical inequities, anti-racism, and other crucial issues affecting dispute resolution today Discussion of how dispute resolution is changing with new technological advances, social trends and hybrid processes Expanded arbitration section, with attention to adhesion contracts, recent cases and legislation Access to arbitration games, exercises and streaming interviews with top arbitration experts An in-depth chapter on mixing ADR modes and hybrid processes Professors and student will benefit from: Organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes Practice-based approach that helps students apply the concepts and better identify the value in the content Exercises and problems that facilitate classroom discussion
|Author||: Deborah L. Rhode|
|Editor||: Oxford University Press on Demand|
A past president of the Association of American Law Schools and senior counsel for the House Judiciary Committee during Clinton's impeachment proceedings, Rhode brings an insider's knowledge to the labyrinthine complexities of how the law works, or fails to work, for most Americans and often for lawyers themselves. She sheds much light on problems with the adversary system, the commercialization of practice, bar disciplinary processes, race and gender bias, and legal education.
|Author||: Takao Tanase|
|Editor||: Edward Elgar Publishing|
Takao Tanase seamlessly combines sociolegal and philosophical analysis as he explores the tensions between individual legal rights and communitarian values in settings ranging from post-divorce visitation rights to tort liability, lawyer client relationships, and rising litigation rates. Contrasting Japan with the individualistic thrust of American law, Tanase stresses the importance of building legal processes that encourage stronger social and communal bonds. Students of law and society on all continents will find rich food for thought in this intellectually bold and intriguing volume. Robert A. Kagan, University of California, Berkeley, US Takao Tanase s Community and the Law is a path breaking and often surprising interpretation of legal culture in Japan which includes subtle analyses of the changing role of lawyers and courts and the extent to which modernity and reliance on law are interlinked. But it is much more than that. His reflections on the different way law responds to social dilemmas in Japan and the USA are the building blocks of a much more ambitious project no less than constructing a coherent account of what law can and should do to maintain communal ties in postmodern times. The book is a pleasure to read for its learning and sophistication. Nottage and Wolff also deserve high praise for their light touch as editors and translators. David Nelken, University of Cardiff, UK and University of Macerata, Italy This important book translates seven landmark essays by one of Japan s most respected and influential legal thinkers. While Takao Tanase concedes that law might not matter as much in Japan as it does in the United States, in a provocative challenge to socio-legal researchers and comparative lawyers, he asks: why should it? The issue, he contends, is not whether law matters to society; it is how society matters to law. Developing a descriptive and normative theory of community and the law, the author directly challenges the view that legal liberalism represents the pinnacle of legal achievement. He criticises liberalism for destroying community in the United States and for offering false hope for a delayed modernity in Japan. By applying a distinctive interpretivist methodology, he constructs a communitarian model of law and society that serves as an alternative to legal liberalism. The book challenges conventional understandings of such legal sociological staples as torts, lawyers ethics, family law, human rights, constitutionalism and litigiousness. This fascinating book will prove a stimulating, thought provoking read for researchers and scholars of law, Japanese and American studies, sociology and jurisprudence.
|Author||: James Ciment|
Truly comprehensive in scope - and arranged in A-Z format for quick access - this eight-volume set is a one-source reference for anyone researching the historical and contemporary details of more than 170 major issues confronting American society. Entries cover the full range of hotly contested social issues - including economic, scientific, environmental, criminal, legal, security, health, and media topics. Each entry discusses the historical origins of the problem or debate; past means used to deal with the issue; the current controversy surrounding the issue from all perspectives; and the near-term and future implications for society. In addition, each entry includes a chronology, a bibliography, and a directory of Internet resources for further research as well as primary documents and statistical tables highlighting the debates.
|Author||: New York County Lawyers' Association Ethics Instit,|
|Editor||: Oxford University Press|
In this publication, the newly adopted New York Rules of Professional Conduct, and their impact on attorneys, are elucidated and compared to the previous New York Code of Professional Responsibility. Commentary from noted authorities, practitioners and academics, a Code-to-Rules correlation table, practice notes, and an update of cases and opinions provide essential information on what every attorney licensed to practice in the State of New York needs to know about this major transition. This publication can be purchased as a subscription and is updated biannually.
|Author||: David Kessler|
Tobacco companies had been protecting their turf for decades. They had congressmen in their pocket. They had corrupt scientists who made excuses about nicotine, cancer and addiction. They had hordes of lawyers to threaten anyone—inside the industry or out—who posed a problem. They had a whole lot of money to spend. And they were good at getting people to do what they wanted them to do. After all, they had already convinced millions of Americans to take up an addictive, unhealthy, and potentially deadly habit. David Kessler didn't care about all that. In this book he tells for the first time the thrilling detective story of how the underdog FDA—while safeguarding the nation's food, drugs, and blood supply—finally decided to take on one of the world's most powerful opponents, and how it won. Like A Civil Action or And the Band Played On, A Question of Intent weaves together science, law, and fascinating characters to tell an important and often unexpectedly moving story. We follow Kessler's team of investigators as they race to find the clues that will allow the FDA to assert jurisdiction over cigarettes, while the tobacco companies and their lawyers fight back—hard. Full of insider information and drama, told with wit, and animated by its author's moral passion, A Question of Intent reads like a Grisham thriller, with one exception—everything in it is true.
|Author||: Gene Louis|
|Editor||: Citizen Control Publishing|
An analysis of injustices that result from a privately owned, profit-oriented legal monopoly. Discussion focuses on how customers must navigate through a convoluted web of abstractions for a chance to determine if there is any justice within its flawed structure. Suggestions include methods for average Americans to launch a new legal system without the current legal professionals. Economic resources that are recovered can be the basis of an economic boom. Original.