Professors Fischl and Paul explain law school exams in ways no one
has before, all with an eye toward improving the reader’s performance.
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
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.
“This book should revolutionize the ordeal of studying for
law school exams… Its clear, insightful, fun to read, and right on the
money.” — Duncan Kennedy, Carter Professor of General Jurisprudence, Harvard Law School “Finally
a study aid that takes legal theory seriously… Students who master
these lessons will surely write better exams. More importantly, they
will also learn to be better lawyers.” — Steven L. Winter, Brooklyn Law School “If
you can't spot a 'fork in the law' or a 'fork in the facts' in an exam
hypothetical, get this book. If you don’t know how to play 'Czar of the
Universe' on law school exams (or why), get this book. And if you do
want to learn how to think like a lawyer—a good one—get this book. It's,
quite simply, stone cold brilliant.” — Pierre Schlag, University of Colorado School of Law (Law Preview Book Review on The Princeton Review website)
Attend a Getting to Maybe seminar! Click here for more information.
Each state has individual guidelines that one must follow when first applying to become a notary and specific restrictions that a practicing notary must abide by, including the amount a notary can charge per signing. With all of these rules, it can be quite a confusing process, and along with the frustration of opening your own business. Fortunately, with this new book, you will have a comprehensive toolkit on not only how to become a notary, but on how to open your own notary business.
Whether you will be a mobile signing agent or you are looking to buy or rent office space, this book can help you with a wealth of start-up information, from how to form and name your business. Valuable information on forming a partnership, LLC, corporation, or becoming a sole proprietor, the four types of business formations, is included, and also the legal implications of each.
You will learn the ins and outs of the application process state-by-state, including which states require training sessions and exams, and also information on the appointment process and individual state laws that govern the practice of notaries. Beyond providing you with the information on becoming a notary, you will be supplied with a wealth of information about opening your own notary business, including working as a mobile signing agent, where you travel to your customers, or operating a full-scale notary business managing other notaries.
This complete manual will arm you with everything you need, including sample business forms, leases, and contracts; worksheets and checklists for planning, opening, and running day-to-day operations; plans and layouts; and dozens of other valuable, time-saving tools of the trade that no business owner should be without. A special section on the importance of keeping your notary journal up-to-date is included, and also information on your notary stamp.
You will learn how to draw up a winning business plan (the companion CD-ROM has the actual business plan you can use in Microsoft Word ) and about basic cost control systems, copyright and trademark issues, branding, management, legal concerns, sales and marketing techniques, and pricing formulas. A detailed glossary of mortgage and other legal terms will be included, along with helpful information on how to set up computer systems to save time and money, hire and keep a qualified professional staff, meet IRS requirements, manage and train employees, generate high profile public relations and publicity, and implement low cost internal marketing ideas. You will learn how to build your business by using low and no cost ways to satisfy customers, and also ways to increase sales, have customers refer others to you, and thousands of excellent tips and useful guidelines. This manual delivers innovative ways to streamline your business. A special chapter, devoted to notaries in Florida, Maine, and South Carolina, the only states in which notaries can solemnize the rites of matrimony, will discuss how you can maintain a steady stream of business by only performing marriages, including tips on how you can make even more money by offering other wedding services such as photography. The companion CD-ROM is included with the print version of this book; however is not available for download with the electronic version. It may be obtained separately by contacting Atlantic Publishing Group at email@example.com
Atlantic Publishing is a small, independent publishing company based in Ocala, Florida. Founded over twenty years ago in the company president s garage, Atlantic Publishing has grown to become a renowned resource for non-fiction books. Today, over 450 titles are in print covering subjects such as small business, healthy living, management, finance, careers, and real estate. Atlantic Publishing prides itself on producing award winning, high-quality manuals that give readers up-to-date, pertinent information, real-world examples, and case studies with expert advice. Every book has resources, contact information, and web sites of the products or companies discussed.
Open the average law dictionary and chances are you'll feel more confused than before you read a word. Nolo's Plain-English Law Dictionary is different. From "abrogate" to "zero tape", we've cut down on the Latin and defined common (and some not-so-common) terms you can really use to understand and access the law.
Set aside those dusty, outdated law dictionaries! Written for the 21st century, this essential reference contains complete definitions of the legal terms you need today. If you're a law student, paralegal, accountant, small business owner or librarian -- anyone whose work or life touches the law -- this fully up-to-date A to Z guide puts access to the law into your hands.
Nolo's Plain-English Law Dictionary contains 3,800 plain-English legal definitions, including many newly coined terms you'll find online and off, such as "typosquatting" and "patent troll". Of course, if you need definitions for legal standards -- even when they're in Latin -- you'll find those here too. Plus, find a copy of the Constitution of the United States of America for your reference in the pages following the complete list of definitions.
Johnnie Cochran has been a lawyer for almost forty years. In that time, he has taken on dozens of groundbreaking cases and emerged as a pivotal figure in race relations in America. Cochran gained international recognition as one of America's best - and most controversial lawyers - for leading 'the Dream Team' defense of accused killer O.J. Simpson in the Trial of the Century. Many people formed their perception of Cochran based on his work in that trial. But long before the Simpson trial and since then Johnnie Cochran has been a leader in the fight for justice for all Americans. This is his story.
Cochran emerged from the trial as one of the nation's leading African-American spokespersons - and he has done most of his talking through the courtroom. Abner Louima. Amadou Diallo. The racially-profiled New Jersey Turnpike Four. Sean "P. Diddy" Combs. Patrick Dorismond. Cynthia Wiggins. These are the names that have dominated legal headlines - and Cochran was involved with each of them. No one who first encountered him during the Simpson trial can appreciate his impact on our world until they've read his whole story.
Drawing on Cochran's most intriguing and difficult cases, A Lawyer's Life shows how he's fought his critics, won for his clients, and affected real change within the system. This is an intimate and compelling memoir of one lawyer's attempt to make us all truly equal in the eyes of the law.
-Adopts a broader and longer perspective than any of its competitors, beginning with freshman year, and covering each year as an undergraduate, through law school admissions, the three years of law school, and into the beginnings of legal practice.
-Provides useful, concrete and practical information including, lists of Dos and Don’ts, a Four Year Checklist, information about key resources, a step-by-step explanation of the law school application process, as well as a formula for selecting “competitive”, “safe” and “reach” law schools.
-Presents detailed information about the law school curriculum each year, the importance of Law Review, clinical programs, Moot Court, interviewing skills, and
summer associate positions.
-Addresses current downsides to the practice of law in a more open way than any of its competitors, including the exhorbitant cost of law school, the difficulty repaying
law school debt, the lack of opening legal positions in the wake of 2008, the high levels of job dissatisfaction in the profession, the stresses practice places upon a personal live.
-Concludes with seven lessons to carry from law school into the practice of law.
This is a reprint of the 1942 edition, which was strictly limited to 1000 copies. (Despite requests for additional copies, Warren refused to reissue the book. (He published an edition of extracts instead, however, in order to address these requests while keep his word.)
"I believe in discipline. From boyhood days on, I have sought to discipline my own mind, pen, and tongue. And throughout my service on the Law Faculty I have sought to discipline the minds, pens, and tongues of the students. I have never suffered fools gladly, and regard such sufferance as mischievous. Therefore 'Spartan Education' seemed an appropriate title. As I review my life, I find the source of greatest satisfaction in my belief that there are today ten thousand men who are leading more useful and successful lives than they would be leading if my Spartan training had not played a substantial part in the molding of their minds; and that most, if not all, of them now recognize that to be the fact, and are grateful." -- Preface, ix
Edward H. Warren [1873-1945] was a legendary professor at Harvard Law School. Known as "Bull" Warren for his aggressive (and often vicious) teaching methods, he was the primary model for Professor Kingsfield in John Jay Osborn, Jr.'s novel The Paper Chase. Warren attended Harvard College from 1891 to 1895 and Harvard Law School from 1897 to 1900, where his principal instructors were Ames, Gray, Smith and Thayer. After four years at Strong and Cadwalader, he joined the Harvard Law faculty, where he remained until his retirement.
A lawyer should not sleep with his client.A lawyer should not disclose information his clients tell him in confidence.A lawyer should not use what his clients tell him in confidence against them.A lawyer should not secretly advise the opponents in his former client's cases.A lawyer should not stalk, slander or terrorize former clients.In the course of stalking, slandering and terrorizing his former clients, a lawyer should not engage in the illegal dissemination of unauthorized recordings.A lawyer should not offer money to a person who is testifying against him.A lawyer should not make two--or even three--opposing statements under oath. A lawyer should not use client funds to pay his law firm's operating expenses.A lawyer should not enter his personal psych file as an exhibit without reading it first.
Referencing actual exhibits, orders and depositions in real court cases, The Ethics of Judge Nadeau provides a bird's eye view into the rationale behind behavior so incredible it will take your breath away. This candid and humorous account of Robert Nadeau's antics (in and out of the courtroom) is as entertaining as it is shocking.
The book was inspired by the belief that there are some things a lawyer should never do (especially if he is a judge) because they are either unethical, illegal, or just plain wrong. Here are ten of the most obvious:
Not only has Robert Nadeau done all of these things, but he actually tries to defend them in his various emails, pleadings and depositions. Worst of all, the judicial system has supported him every step of the way!
Cardozo handed down opinions that stressed the necessity for the law to adapt to the realities and needs of contemporary life. Famous for his convincing and lucid prose, he offers insights that remain relevant to a modern view of American jurisprudence. In simple, understandable language, he discusses the ways that rulings are guided and shaped by information, precedent and custom, and standards of justice and morals.
Four of Cardozo's lectures appear here, bookended by an introduction and conclusion. They explore a variety of approaches to the judicial process: the method of philosophy; the methods of history, tradition, and sociology; the method of sociology and the judge as a legislator; and adherence to precedent and the subconscious element in the judicial process. Ideal for law students as well as anyone interested in legal theory, this volume offers a rare look inside the mind of a great jurist.
A huge and galvanizing biography, a revelation of one man’s effect on American society and jurisprudence, and the electrifying story of his time.
In this comprehensive survey and analysis of how new visual technologies are transforming both the practice and culture of American law, Neal Feigenson and Christina Spiesel explain how, when, and why legal practice moved from a largely words-only environment to one more dependent on and driven by images, and how rapidly developing technologies have further accelerated this change. They discuss older visual technologies, such as videotape evidence, and then current and future uses of visual and multimedia digital technologies, including trial presentation software and interactive multimedia. They also describe how law itself is going online, in the form of virtual courts, cyberjuries, and more, and explore the implications of law’s movement to computer screens. Throughout Law on Display, the authors illustrate their analysis with examples from a wide range of actual trials.
Mastering the LNAT provides comprehensive guidance on both the multiple choice section and essay section of the test, as well as analysis of previous test results, details of the procedure for sitting the test and how the results are calculated and used. The book also includes five practice tests for students to work through, along with complete sets of answers and explanations and a range of sample essays and essay plans.
Presented in an accessible and easy to understand format, Shepherd offers a practical, hands-on insight into what universities are looking for from candidates. It includes; an introduction to the test and the part it plays in the overall application process; guidance on preparing for the LNAT and an explanation of the ways that you can improve your approach to the test; a guide to approaching MCQs (including an analysis of different types of possible questions and techniques for verifying answers); a guide to approaching essay questions; five sample test papers; answers and explanations for all MCQs; sample essays and essay plans.
Mastering the LNAT is essential reading for those students wanting to give themselves the best possible chance of securing a place at the University of their Choice.
Brian Dickson played a leading role in this transformation. Engaging and incisive, Brian Dickson: A Judge's Journey traces Dickson's life from a Depression-era boyhood in Saskatchewan, to the battlefields of Normandy, the boardrooms of corporate Canada and high judicial office, and provides an inside look at the work of the Supreme Court during its most crucial period. Dickson's journey was an important part of the evolution of the Canadian judiciary and of Canada itself. Sharpe and Roach have written an accessible biography of one of Canada's greatest legal figures that provides new insights into the work of Canada's highest court.
In recent years, sports law has developed into one of the most exciting and challenging legal disciplines and the importance of the law in doping matters has been heightened by the influx of money into sport and the development of sport as a global economy.
Drugs and Doping in Sport brings together work from leading academics, practitioners and administrators, analyses contemporary socio-legal and political themes related to doping in sport. It provides a challenging and often controversial view of doping issues and confronts political and legal orthodoxy, supplying the reader with a unique insight into this fascinating area of academic study.
Readers will also meet contemporary litigators like Lawrence Tribe, who led the fight against the tobacco industry; Marian Wright Edelman, a leading advocate for children's rights; Alan Dershowitz, renowned criminal appellate lawyer and public intellectual; and Johnnie Cochran, the defense attorney whose spectacular victory in the O. J. Simpson trial propelled him to superstardom. In the stories of these preeminent litigators, readers will discover not only what qualities make a great lawyer, but also how much we owe to those who have served as our legal advocates.
Winner of the 2017 Prose Award for Excellence in Social Sciences and the 2017 Prose Category Award for Law and Legal Studies, sponsored by the Professional and Scholarly Publishing Division, Association of American Publishers.
Silver Medal from the Independent Publisher Book Awards (Current Events/Social Issues category).
Americans are slowly waking up to the dire effects of racial profiling, police brutality, and mass incarceration, especially in disadvantaged neighborhoods and communities of color. The criminal courts are the crucial gateway between police action on the street and the processing of primarily black and Latino defendants into jails and prisons. And yet the courts, often portrayed as sacred, impartial institutions, have remained shrouded in secrecy, with the majority of Americans kept in the dark about how they function internally. Crook County bursts open the courthouse doors and enters the hallways, courtrooms, judges' chambers, and attorneys' offices to reveal a world of punishment determined by race, not offense.
Nicole Gonzalez Van Cleve spent ten years working in and investigating the largest criminal courthouse in the country, Chicago–Cook County, and based on over 1,000 hours of observation, she takes readers inside our so-called halls of justice to witness the types of everyday racial abuses that fester within the courts, often in plain sight. We watch white courtroom professionals classify and deliberate on the fates of mostly black and Latino defendants while racial abuse and due process violations are encouraged and even seen as justified. Judges fall asleep on the bench. Prosecutors hang out like frat boys in the judges' chambers while the fates of defendants hang in the balance. Public defenders make choices about which defendants they will try to "save" and which they will sacrifice. Sheriff's officers cruelly mock and abuse defendants' family members.
Crook County's powerful and at times devastating narratives reveal startling truths about a legal culture steeped in racial abuse. Defendants find themselves thrust into a pernicious legal world where courtroom actors live and breathe racism while simultaneously committing themselves to a colorblind ideal. Gonzalez Van Cleve urges all citizens to take a closer look at the way we do justice in America and to hold our arbiters of justice accountable to the highest standards of equality.
Every law student will tell you that the first year is the most important and the most frustrating. Law professors do not teach students the law, instead they leave students on their own to figure out the "answer" from a series of questions. This is a manual that teaches first year law students the ten basic skills they need to know to start learning their first day and ace their first year.
The Second Edition has been updated to reflect the best use of technology. It includes a Preface that addresses the Socratic Method and how to beat it. It also includes an Epilogue that focuses on tasks that are necessary to ensure a successful transition from the first to the second semester.
Paralegals are the backbone of the legal business. The Paralegal’s Handbook is a guide to the responsibilities and tasks a paralegal may be asked to undertake. In this comprehensive guide to the profession, expert authors Anita Haworth and Leslie Cox explain everything paralegals need to know to handle the job with accuracy and confidence. From ethics issues to a detailed analysis of all the tasks encountered in the various legal specialties, The Paralegal’s Handbook provides invaluable advice and expertise to paralegal professionals.
Haworth and Cox are experienced paralegals and provide explanations and details on the various areas of practice paralegals may choose including Family Law, Probate, Corporate Law, Intellectual Property, Real Estate, and Personal Injury Law. They cover everything from handling everyday tasks to reviewing facsimiles of legal documents. This Second Edition is fully updated and revised, with a new section on eDiscovery.
As an advocate for the accused in Newark, New Jersey, criminal lawyer Seymour Wishman defended a vast array of clients, from burglars and thieves to rapists and murderers. Many of them were poor and undereducated, and nearly all of them were guilty. But it was not Wishman’s duty to pass moral judgment on those he represented. His job was to convince a jury to set his clients free or, at the very least, to impose the most lenient punishment permissible by law. And he was very good at his job. Reveling in the adrenaline rush of “winning,” Wishman gave no thought to the ethical considerations of his daily dealings . . . until he was confronted on the street by a rape victim he had humiliated in the courtroom. A fascinating, no-holds-barred memoir of his years spent as “attorney for the damned,” Wishman’s Confessions of a Criminal Lawyer is a startling and important work—an eye-opening, thought-provoking examination of how the justice system works and how it should work—by an attorney who both defended and prosecuted those accused of the most horrific crimes.
Law school has the reputation of being one of the hardest academic programs. It is a reputation well earned. However, Law School Basics is chock-full of insights and strategies that will prepare you well and give you a head start on the competition.
Law School Basics presents a thorough overview of law school, legal reasoning, and legal writing. It was written for those who are considering law school; for those who are about to start law school; and for those who are interested in knowing more about lawyering and the legal process.
Law School Basics was written with one overriding goal: to enlighten you about everything the author wishes he had known before starting law school.
Clifford Winston, Robert Crandall, and Vikram Maheshri argue that these increased costs cannot be economically justified. They create significant social costs, hamper innovation, misallocate the nation's labor resources, and create socially perverse incentives. In the end, attorneys support inefficient policies that preserve and enhance their own wealth, to the detriment of the general population.
To fix this situation, the authors propose a novel solution: deregulation of the legal profession. Lowering the barriers to entry will force lawyers to compete more intensely with each other and to face competition from nonlawyers and firms that are not owned and managed by lawyers. The book provides a much-needed analysis of why legal costs are so high and how they can be reduced without sacrificing the quality of legal services.
Fleming starts by examining what he sees as a paradox: a large increase in lawyers' fees despite a fourfold increase in lawyer numbers and a threefold increase in their proportion of the general population. What happened to the law of supply and demand? he asks. After tracing the history of the large corporate law firm and its dominance within the profession, he shows how cost-effectiveness within large firms has declined while at the same time what he calls the magic of the emperor's new clothes has suspended the law of supply and demand. He discusses excessive legal fees, their resistance to client and court controls, and relates his discussion to the present pervasive distrust of lawyers among the public. Fleming outlines the four existing challenges to business-as-usual by lawyers and law firms, and then ventures his own analysis of the needed future changes in law firms. These include professional law firm management under a less archaic structure, effective integrity and quality controls, cost-controlled delivery of legal services, and increased job satisfaction for its working lawyers.
In addition to bank robbers--generally the dumbest criminals--Hailman describes scam artists, hit men, protected witnesses, colorful informants, corrupt officials, bad guys with funny nicknames, over-the-top investigators, and those defendants who had a certain roguish charm. Several of his defendants and victims have since had whole books written about them: Dickie Scruggs, Emmett Till, Chicago gang leader Jeff Fort, and Paddy Mitchell, leader of the most successful bank robbery gang of the twentieth century. But Hailman delivers the inside story no one else can. He also recounts his scary experiences after 9/11 when he prosecuted terrorism cases.
Now in its Second Edition, with updated references and account of the radical shifts in legal practice over the past few years in the U.S. and U.K., Flood's pathbreaking book continues to be a fascinating resource for scholars of the legal profession, as well as interested readers who want to see exposed the inner sanctum of private, big-money law practice. The new edition also adds a new, reflective introduction by Lynn Mather, the SUNY Distinguished Service Professor at the University at Buffalo.
A classic resource from Quid Pro Books is now readily available worldwide, in print and ebook formats, for scholars, researchers, lawyers, and other interested readers.
• Article, “The Limits of Unbundled Legal Assistance: A Randomized Study in a Massachusetts District Court and Prospects for the Future,” by D. James Greiner, Cassandra Wolos Pattanayak, and Jonathan Hennessy
• Book Review, “Stochastic Constraint,” by Neal Kumar Katyal
• Note, “Counteracting the Bias: The Department of Labor’s Unique Opportunity to Combat Human Trafficking”
• Note, “Tilling the Vast Wasteland: The Case for Reviving Localism in Public Interest Obligations for Cable Television”
• Note, “Preemption as Purposivism’s Last Refuge”
• Note, “The Meaning(s) of ‘The People’ in the Constitution
• Note, “Indian Canon Originalism”
The issue includes In Memoriam contributions about the life, scholarship, and teaching of Roger Fisher. Contributors include Martha Minow, Robert Mnookin, and Bruce Patton.