Attorney and journalist Amy Bach spent eight years investigating the widespread courtroom failures that each day upend lives across America. What she found was an assembly-line approach to justice: a system that rewards mediocre advocacy, bypasses due process, and shortchanges both defendants and victims to keep the court calendar moving.
Here is the public defender who pleads most of his clients guilty with scant knowledge about their circumstances; the judge who sets outrageous bail for negligible crimes; the prosecutor who habitually declines to pursue significant cases; the court that works together to achieve a wrongful conviction. Going beyond the usual explanations of bad apples and meager funding, Ordinary Injustice reveals a clubby legal culture of compromise, and shows the tragic consequences that result when communities mistake the rules that lawyers play by for the rule of law. It is time, Bach argues, to institute a new method of checks and balances that will make injustice visible—the first and necessary step to reform.
“We need a new idea of how to govern. The current system is broken. Law is supposed to be a framework for humans to make choices, not the replacement for free choice.” So notes Philip K. Howard in the new Afterword to his explosive manifesto The Death of Common Sense. Here Howard offers nothing less than a fresh, lucid, practical operating system for modern democracy. America is drowning—in law, lawsuits, and nearly endless red tape. Before acting or making a decision, we often abandon our best instincts. We pause, we worry, we equivocate, and then we divert our energy into trying to protect ourselves. Filled with one too many examples of bureaucratic overreach, The Death of Common Sense demonstrates how we—and our country—can at last get back on track.
Dennis Smith, author of Report from Engine Co. 82, traveled across the country talking to dozens of America’s firefighters to put together this powerful collection of their own descriptions of their most dramatic and intense experiences on the job. Their stories, compiled here, are timeless testimonies to the human capacity for heroism and nobility.
Focusing on the most courageous firefighters, from those who have been decorated for heroism to those who have been seriously injured, Firefighters presents the extraordinarily rich and rugged voices of men and women who fight urban building fires, who battle sweeping forest fires, who perform emergency rescues, and who face extreme danger and risk as part of their everyday lives. Sometimes brave, sometimes funny, sometimes bittersweet or filled with anger, these voices combine to make Firefighters both a riveting adventure drama and a moving chronicle of American heroism at its finest.
From the Trade Paperback edition.
In January 1982, an elderly white widow was found brutally murdered in the small town of Greenwood, South Carolina. Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim’s body was found, he was tried, convicted, and sentenced to death.
Elmore had been on death row for eleven years when a young attorney named Diana Holt first learned of his case. After attending the University of Texas School of Law, Holt was eager to help the disenfranchised and voiceless; she herself had been a childhood victim of abuse. It required little scrutiny for Holt to discern that Elmore’s case—plagued by incompetent court-appointed defense attorneys, a virulent prosecution, and both misplaced and contaminated evidence—reeked of injustice. It was the cause of a lifetime for the spirited, hardworking lawyer. Holt would spend more than a decade fighting on Elmore’s behalf.
With the exemplary moral commitment and tenacious investigation that have distinguished his reporting career, Bonner follows Holt’s battle to save Elmore’s life and shows us how his case is a textbook example of what can go wrong in the American justice system. He reviews police work, evidence gathering, jury selection, work of court-appointed lawyers, latitude of judges, iniquities in the law, prison informants, and the appeals process. Throughout, the actions and motivations of both unlikely heroes and shameful villains in our justice system are vividly revealed.
Moving, suspenseful, and enlightening, Anatomy of Injustice is a vital contribution to our nation’s ongoing, increasingly important debate about inequality and the death penalty.
From the Hardcover edition.
Mostly we all know Chanakya by name. Chanakya who was born around 3rd BC in Bharat (now Hindustan), astute, shrewd and ruthless political master. Equally selfless and patriotic teacher who politically united the small states post invasion of Greeks and reclaimed the boundaries of Bharat stretching from Puruvarsha (Persia, now Iran), Gansthan (now Afghanistan) to far east of Magadh (Bihar state of India). We know Chanakya for his Niti-shashtras, for his voluminous work on economy, maxims of wisdom and intelligence. But we do not know much about minute details with which he governed the country at that time. We do not know, during his time of around 3rd BCE, at how much advance stage the economy, public life, administration, industries, defence mechanisms, taxations, public-private partnerships, foreign policy, judicial systems, banking and accounting systems ….. were there in India. It seems, they all were in more than perfect stage compared to present scenario factoring advancement in science and technology etc. We will look at each of them one by one.
In this book, “Chanakya Niti on Corruption”, we will take a look at corruption. What Chanakya thinks about sources of corruption, ways of finding about corruption, judgements and punishments of corruptions etc.
Chanakya knows very well that just like it is impossible to know when and how much water a fish drinks, it is utmost difficult to know how much money government officials steal away while in charge of it. Knowing human nature which succumbs to greed, fear, lust, anger or any such tamas gunas, and indulges in acts of corruption to accumulate wealth in the country or outside. Chanakya keeps eye on conduct and life style of not only ministers, but all levels of the government officials too.
Chanakya takes multi pronged approach to tackle and eradicate corruption. He knows that by establishing one department to tackle corruption problems are not going to be solved, instead will increase many fold later when that department itself becomes corrupt eventually. He relies on spying, continuous intelligence gathering, harsh punishments leading to deaths, rewards who bring to notice acts of corruptions by officials etc, promotions and rewards to who do their job righteously. Not only that, 3rd century BC, do you imagine there were clear cut rules and guidelines how to write account books, !. At that time, he knew that what impact it creates on overall economy and nation building, if sanctioned amount for projects are not utilised actually? Chanakya knows corruption is contiguous, and he tackles such problems too with well laid out and practical laws to follow at that time. Looking at the crux of the guidelines what Chanakya outlines, it seems that essence of those laws are applicable still today with more verbatim or expansion of words to suite and cover present scenarios. But, the essence remains same. He knew that in corruption free country, trade and business, entrepreneurship and industries flourishes and so overall wealth, health and security of the nation.
I hope reading this book "Chanakya Niti on Corruption", will open up a window to explore further on how an Indian political guru administered this nation 3rd century BCE.
Strategies & Tactics for the MPRE features:Basic information about the MPRE and what to expect A recap of important terminology you will need to know Expert advice on how to avoid common mistakes and spot tricky questions 156 NCBE-released questions from past MPRE exams, all with answers In-depth, detailed answers to every question that explain not only why the correct answer is correct, but why the other choices are not Advice on how to benefit the most from the practice exam questions A detailed strategy for approaching the exam and logical rules to use to deconstruct each question
Employees filed more than 95,000 discrimination, harassment and retaliation claims against their employers in 2008, with the biggest jump occurring in age discrimination and retaliation claims. In these tough economic times, it's evident that more employees are considering taking their grievances to court.
Enter The Essential Guide to Workplace Harassment & Discrimination, the essential reference for human resources professionals, managers and supervisors who are responsible for addressing and preventing harassment and discrimination problems in the workplace. Taking into consideration the practical realities of applying the law in everyday situations, this guide answers common questions that you're likely to encounter regularly.
Though you'll read thorough explanations, in plain English, of the important legal principles that professionals must understand in order to deal with discrimination in the workplace, you'll also get samples, quizzes and scenarios that will help you to apply these principles in real-world situations. Find guidance on:
. what harassment is and how to stop it
. when and how discrimination occurs
. how to draft and communicate effective policies
. how to conduct training
. how to handle employee complaints and investigate claims thoroughly
. how to protect the company with proper documentation
. what to expect if an employee files a charge or lawsuit
The Essential Guide to Workplace Harassment & Discrimination is packed with legal strategies and information for busy managers, giving you the tools to protect your employees -- and the company -- from workplace harassment and discrimination.
- Download forms for book on nolo.com
This third edition has been comprehensively revised, expanding the information in the previous edition on the long-standing challenge of implementing effective, responsible, and acceptable practices in ethical police work. The author’s unique perspective provides insights not found elsewhere and presents them in an informative, fact-filled, and encouraging way. The text is based on the premise that ethical crisis has always existed in law enforcement and stresses that policing is and always has been a “morally dangerous occupation.” The moral dangers of policing are discussed in detail and emphasize how crucial ethical standards are for police officers. Four critical and primary questions addressed in the text are: Is law enforcement a profession? Can law enforcement officers be professional? What forms of behavior are the major law enforcement ethical violations? Can police ethical violations be controlled? Several chapters also thoroughly review the Law Enforcement Code of Ethics and include very up-to-date examples of notable violations by individual officers and police departments. Additional topics include major police corruption issues, including corrupt practices and corruption control; abuse of authority; and getting effective control of unethical behavior. The goal of this timely new edition is to provide officers, law enforcement managers, and city administrators with only the most current information, tools, and skills in identifying and dealing with unethical police behavior. It is valuable to both new and seasoned officers in a significant effort to make policing a true profession that is real and not rhetoric.
Now in paperback, the book includes a new preface outlining the latest twists and turns in the death penalty debate, including the recent galvanization of citizens and leaders alike as recent botched executions have unfolded in the press. Sarat argues that unlike in the past, today's botched executions seem less like inexplicable mishaps and more like the latest symptoms of a death penalty machinery in disarray. Gruesome Spectacles traces the historical evolution of methods of execution, from hanging or firing squad to electrocution to gas and lethal injection. Even though each of these technologies was developed to "perfect" state killing by decreasing the chance of a cruel death, an estimated three percent of all American executions went awry in one way or another. Sarat recounts the gripping and truly gruesome stories of some of these deaths—stories obscured by history and to some extent, the popular press.
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.
From the Trade Paperback edition.
and 124 practice questions, in the format used in the Multistate Professional Responsibility Examination (MPRE), together with answers and detailed analyses.
This volume includes:The ABA Rules of Professional Conduct, with official comments, as issued through August 2016. A carefully selected compilation of variations found in state ethics codes. Each variation was chosen to demonstrate a policy choice made by a state that departed from the ABA?s suggested model. The purpose is to enable students to compare certain state rules with the Model Rules and to better understand the policy choices reflected in the ABA Model Rules. Italicized words and additional notes in the state variations, to highlight the differences between the variations and the Model Rules. 124 original practice questions, organized into 14 topics, in the multiple-choice format used by the MPRE, so that students can test their understanding of each topic studied in the course. Detailed narrative analyses of the answer to each question, explaining why one choice is correct, and why each incorrect answer is not correct.
Justice, Crime, and Ethics, a leading textbook in criminal justice programs, examines ethical dilemmas pertaining to the administration of criminal justice and professional activities in the field. This ninth edition continues to deliver a broad scope of topics, focusing on law enforcement, legal practice, sentencing, corrections, research, crime control policy, and philosophical issues. The book’s robust coverage encompasses contentious issues such as capital punishment, prison corruption, and the use of deception in police interrogation. The ninth edition includes new material on juvenile justice, corporate crime, and prosecutorial misconduct. The “Policy and Ethics” feature and new “Ethical Dilemma” feature added to most chapters illuminate the ethics of institutions as well as individuals. Students of criminal justice, as well as instructors and professionals in the field, continue to rely on this thorough, dependable resource on ethical decision making in the criminal justice system.
Refined through years of classroom use, this casebook offers:Comprehensive coverage covers the full range of professional responsibility issues in less space (about 20 percent shorter than the 9th edition).Well-balanced mix of cases, secondary sources, timely materials (often drawn from recent headlines), engaging problems, and challenging notes.Goes beyond the rules in recognizing that the law is not necessarily self-evident and covers many subtleties; Gillers discusses the rules from different perspectives. Students are thus better equipped to detect and avoid improper conduct in their professional life than if they had learned the rules alone.Excellent case selection. Relevant cases exemplify multiple variations on particular themes.Realistic, helpful problems. Abundant problems, many based on actual events, that facilitate class discussion and enable students to understand the rules and regulations that will govern their professional behavior.Detailed notes provide in-depth treatment of the issues.High-profile author. Stephen Gillers is a highly visible and recognized national authority on professional responsibility.Accessible and engaging style. The writing is characterized by variety, clarity, and humor.Accompanied by an outstanding annual statutory supplement. Co-authored by Roy D. Simon, Andrew M. Perlman, and John Steele, the popular Regulation of Lawyers: Statutes and Standards covers all major, minor, and state variations on the rules governing lawyers and judges.
New to the Tenth Edition:New cases, including People v. Marshall; Thul v. One West Bank, FSB; In re Glass; Rodriguez v. Disner; Stropnicky v. Nathanson; and United States v. Kentucky State Bar.New and revised materials, including on the risks of using social media; ethical obligations of insurance defense lawyers; and whether a conflicted lawyer can advise a client to waive a conflict if waiver favors the lawyer.New problems on fraud and spoliation; prosecutorial conflicts; settlements conditioned on non-disclosure of dangerous products; campaign contributions and recusal; lawyers as whistleblowers against their clients under Dodd-Frank; and Brady obligations. Many current problems have been revised.In addition, a New Concise Edition, approximately 550 pages, will be available in January 2015.
You can depend on author Stephen Gillers to provide a stimulating and dynamic classroom experience. Through nine editions, Regulation of Lawyers has consistently responded to the times by mapping a legal and ethical landscape with penetrating insight.
Philosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, Mark Tebbit quickly leads readers into the heart of the philosophical questions that dominate philosophy of law today. He provides an exceptionally wide-ranging overview of the contending theories that have sought to resolve these problems. He does so without assuming prior knowledge either of philosophy or law on the part of the reader.
The book is structured in three parts around the key issues and themes in philosophy of law:
What is the law? – the major legal theories addressing the question of what we mean by law, including natural law, legal positivism and legal realism.
The reach of the law – the various legal theories on the nature and extent of the law’s authority, with regard to obligation and civil disobedience, rights, liberty and privacy.
Criminal law – responsibility and mens rea, intention, recklessness and murder, legal defences, insanity and philosophies of punishment.
This new third edition has been thoroughly updated to include assessments of important developments in philosophy and law in the early years of the twenty-first century. Revisions include a more detailed analysis of natural law, new chapters on common law and the development of positivism, a reassessment of the Austin–Hart dispute in the light of recent criticism of Hart, a new chapter on the natural law–positivist controversy over Nazi law and legality, and new chapters on criminal law, extending the analysis of the dispute over the viability of the defences of necessity and duress.
Serpico’s charges against the NYPD encouraged Mayor John Lindsay to appoint prominent attorney Whitman Knapp to head a Citizen’s Commission on police graft. Overcoming a number of organizational, budgetary, and political hurdles, Armstrong assembled an investigative group of a half dozen lawyers and a dozen agents with backgrounds in federal, not local, law enforcement—a professional disconnect that led to numerous setbacks. Yet right when funding was about to run out, the “blue wall of silence” collapsed. A flamboyant “Madame,” a corrupt lawyer, a weasly informant, and a “super thief” cop trapped and turned by the Commission led to sensational and revelatory hearings, which publicly refuted the notion that departmental corruption was limited to only a “few rotten apples.” Throughout the course of his narrative, Armstrong illuminates police investigative strategy; governmental and departmental political maneuvering; the ethical and philosophical issues of law enforcement; the efficacy (or lack thereof) of the police’s public relations efforts; the effectiveness of its training; the psychological and emotional pressures that lead to corruption; and the effects of police criminality on individuals and society. He concludes by discussing the effects of the Knapp and succeeding commissions on police corruption today and the value of permanent outside monitoring bodies, such as the special prosecutor’s office, formed in response to the Commission’s recommendation, as well as the current monitoring commission, of which Armstrong is chairman.
In The Business of Sports Agents, Kenneth L. Shropshire and Timothy Davis, experts in the fields of sports business and law, examine the history of the sports agent business and the rules and laws developed to regulate the profession. They also consider recommendations for reform, including uniform laws that would apply to all agents, redefining amateurism in college sports, and stiffening requirements for licensing agents. This revised and expanded second edition brings the volume up-to-date on recent changes in the industry, including:
- the closing of one of the largest agencies
- high-profile personnel moves
- passage of the federal Sports Agent Responsibility and Trust Act
- the National Football League's aggressive and high-profile efforts to regulate agents
This is a pragmatic, hands-on, up-to-date guide to determining right and wrong in the business world. Joseph Weiss integrates a stakeholder perspective with an issues-oriented approach so students look at how a business’s actions affect not just share price and profit but the well-being of employees, customers, suppliers, the local community, the larger society, other nations, and the environment.
Weiss uses a wealth of contemporary examples, including twenty-three customized cases that immerse students directly in recent business ethics dilemmas and ask them to consider how they would resolve them. The recent economic collapse raised ethical issues that have yet to be resolved—there could not be a better time for a fully updated edition of Weiss’s classic, accessible blend of theory and practice.
New to the Sixth Edition!
New Cases! Fourteen of the twenty-three cases in this book are brand new to this edition. They touch on issues such as cyberbullying, fracking, neuromarketing, and for-profit education and involve institutions like Goldman Sachs, Google, Kaiser Permanente, Walmart, Ford, and Facebook.
Updated Throughout! The text has been updated with the latest research, including new national ethics survey data, perspectives on generational differences, and global and international issues. Each chapter includes recent business press stories touching on ethical issues.
New Feature! Several chapters now feature a unique Point/Counterpoint exercise that challenges students to argue both sides of a contemporary issue, such as too-big-to-fail institutions, the Boston bomber Rolling Stone cover, student loan debt, online file sharing, and questions raised by social media.
Appropriate for students in any Professional Responsibility course, this study aid is structured around concepts, so it doesn?t feel like a march through the Model Rules of Professional Conduct. Not only does it have the proven pedagogy of the E & E series, it is also comprehensive and well balanced.Comprehensive, covers entire law governing lawyers Thoroughly revised to enhance clarity Revised to take account of changes to the Model Rules made by the ABA?s Ethics 20/20 Commission Includes agency, fiduciary duty, tort, contract, constitutional, and corporate and securities PR Up to date and accessible; presents balanced approach to controversial issues
Insightful essays probe the workings of the toxic subprime loan industry, the role of external auditors, the consequences of Wall Street deregulation, the manipulations of alpha hedge fund managers, and the “Ponzi-like” culture of contemporary capitalism. They unravel modern finance’s complex schematics and highlight their susceptibility to corruption, fraud, and outright racketeering. They examine the involvement of enablers, including accountants, lawyers, credit rating agencies, and regulatory workers, who failed to protect the public interest and enforce existing checks and balances. While the United States was “ground zero” of the meltdown, the financial crimes of other countries intensified the disaster. Internationally-focused essays consider bad practice in China and the European property markets, and they draw attention to the far-reaching consequences of transnational money laundering and tax evasion schemes. By approaching the 2008 crisis from the perspective of white collar criminology, contributors build a more general understanding of the collapse, and they crystallize the multiple human and institutional factors preventing justice from capturing even the worst offenders.
Combining a sound grasp of theoretical issues with a sharp focus on the latest policy and practice, this edition features:
• Detailed discussion of the participation of service users, including their role as activists and the importance of the service user movement;
• Extended analysis of professional regulation and codes of practice, and their role in defining the nature of social work;
• A vast array of practice examples, which bring current social issues to life;
• Comparison of the latest codes of ethics from across the globe;
• A wealth of supportive features, such as points for reflection, extended case studies and further resources.
Ethics and Values in Social Work successfully synthesizes the complex ideas and concepts that characterize social work's value base. Written with Banks' trademark accessibility and theoretical rigour, this book will continue to be an invaluable resource for all students, educators and practitioners of social work.
Over the years, Las Vegas left behind its rough and tumble beginnings to become the gambling and entertainment capital of the world. Naturally, the influx of residents and visitors--and their money--brought crime. From prostitutes to street gangs, mobsters to drug dealers, robbers to cheats, Sin City has seen it all. And law-enforcement efforts have had to adapt accordingly.
Policing Las Vegas follows the evolution of law enforcement in Las Vegas and Clark County from the days of night watchmen and cops who carted drunks to jail on horseback to today's acclaimed Metropolitan Police Department. The transition wasn't always smooth. There were plenty of power struggles, political battles, and rogue cops. But there were also many acts of valor and heroism, and a number of officers made the ultimate sacrifice.
This book is filled with stories about the colorful characters and events on both sides of Las Vegas law enforcement: cops and criminals, deeds and misdeeds. They're drawn from history, legend, and the personal accounts of many people who policed Las Vegas.Policing Las Vegas also contains more than 100 photographs, some of which are being made public for the first time.
Now in its fifth edition, Judicial Conduct and Ethics has established its reputation as the nation's most definitive guide to the conduct of federal, state, and local judges. The new edition, which keeps pace with recent developments in this fast-evolving field, builds on this tradition.
Setting the stage with an illuminating discussion of the use of power, Judicial Conduct and Ethics addresses the complete spectrum of judicial conduct, including uses and abuses of judicial power, judicial demeanor, disqualification, ex parte communications, case management, financial activities and disclosure, civic and charitable activities, personal conduct, e political activities, civil and criminal liability, methods of discipline and removal, and disability and retirement. The book analyzes conduct that will subject judges to discipline under applicable codes of judicial conduct, and offers insights and advice on best practices.
Some of the substantial new material added to this edition includes an appendix featuring an updated edition of the 2007 ABA Model Code of Judicial Conduct. Areas that have been substantially revised or expanded include:
• The Appearance of Impropriety
• Regulation of Political Activities in Judicial Elections
• Personal Conduct and Social Media
Key Benefits:Close correlation with NALA and NFPA codes of professional responsibility. Ethics applications that address the evolving legal landscape and technology. Review questions, scenarios for in-class discussion, and Reel to Real features (discussions of media's portrayal of attorneys in ethical dilemmas) engage students and provide opportunities to practice skills. Research This feature that help strengthen students' research skills by providing suggestions for more in-depth study of key issues.
Developed for students by a Harvard law student (while he was in law school), Emanuel CrunchTime titles provide the trusted guidance of Emanuel Law Outlines in a tighter, briefer format for quick review at exam time.Flow Charts walk you through a series of yes/no questions that can be used to analyze any question on the exam. The Capsule Summary allows you to quickly review key concepts. You can test your knowledge by working through the ample Short-Answer Q&A s, which are organized by topic. Exams Tips often based on hundreds of past law school and bar exam questions recap the legal issues commonly tested on exams for you. They explore fact patterns typically used to test those issues. CrunchTime allows you to practice your essay exam skills by answering questions asked on past exams. Flowcharts help you craft compelling essays, and you can compare your answers to the samples provided. CrunchTime aids structure the maximum amount of information you can learn in the last week before exams. Uniform in writing style and approach, you can be confident that any title in the series is of consistent quality. Every title is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks.
The Third Edition includes hundreds of new examples and introduces new material on current ethical issues. Outsourcing, contract lawyers, Internet advertising, and nonlawyer ownership of law firms are given thorough treatment, as are recent changes in rules and Justice Department policies. Sure to stimulate discussion, the companion website features a new recorded interview with the Guantanamo defense lawyer ordered to represent an unwilling defendant.
Co-authors Lerman and Schrag bring a broad range of teaching, consulting, clinical research, and policy-making experience to this problem-based text.
Contemporary approach succinctly covers all essential topics through clear, thorough exposition.
Challenging problems compel students to engage in simultaneous strategic and ethical analysis.
Comprehensive presentation of all ethics and professional responsibility topics and issues, including:
Confidentiality and conflicts.
Pertinent constitutional law.
Lawyer's public responsibilities.
More than 70 compelling, detailed problems, based on real cases and real-life situations that students are likely to experience during their first years of practice.
Famous and less well-known cases are the basis of most of the problems, placing students in the lawyer's role.
Recent and projected changes in the legal profession, including those resulting from the 2008 financial collapse.
Distinct graphical elements appear throughout to help students see the relationships among parts of rules or theories.
For more than thirty years, Emanuel Law Outlines have been the most trusted name in law school outlines. Here s why:Developed by Steve Emanuel when he was a law school student at Harvard, Emanuel Law Outlines became popular with other law students and spawned an industry of reliable study aids. (Having passed the California bar as well, Steve Emanuel is now a member of the New York, Connecticut, Maryland, and Virginia bars.) Each Outline is valuable throughout the course and again at exam time. Outline chapters provide comprehensive coverage of the topics, cases, and black letter law covered in the course and major casebooks, written in a way you can easily understand. The Quiz Yourself Q&A in each chapter and the Essay Q&A at the end provide ample opportunity to test your knowledge throughout the semester. Exam Tips alert you to the issues that commonly pop up on exams and to the fact patterns commonly used to test those items. The Capsule Summary an excellent exam preparation tool provides a quick review of the key concepts covered in the course. The comprehensive coverage is more sweeping than most outlines. Each Emanuel Law Outline is correlated to the leading casebooks. Every title is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Tight uniformity of writing style and approach means that if you use one of these guides, you can be confident that the others will be of similar quality.
Also featured are the new super-lawyer David Boies of IBM/Florida vote fame; the Washington, D.C., lawyer-lobbyist Tom Boggs; and the mess divorce of securities "strike-suit law" William Lerach of San Diego and Melvyn Weiss of New York. Additionally, the dark side of "white-shoe law" is detailed in an account of how a Wall Street firm cast out partners so that survivors could make more money, and the price the firm paid for its blatant disloyalty.
Martha Nussbaum argues that we should be wary of these emotions because they are associated in troubling ways with a desire to hide from our humanity, embodying an unrealistic and sometimes pathological wish to be invulnerable. Nussbaum argues that the thought-content of disgust embodies "magical ideas of contamination, and impossible aspirations to purity that are just not in line with human life as we know it." She argues that disgust should never be the basis for criminalizing an act, or play either the aggravating or the mitigating role in criminal law it currently does. She writes that we should be similarly suspicious of what she calls "primitive shame," a shame "at the very fact of human imperfection," and she is harshly critical of the role that such shame plays in certain punishments.
Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references--from Aristotle and Freud to Nazi ideas about purity--and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading case, this is a major work of legal and moral philosophy.
The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.