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The Lawyer's Conscience
In 1776, Thomas Paine declared the end of royal rule in the United States. Instead, “law is king,” for the people rule themselves. Paine’s declaration is the dominant American understanding of how political power is exercised. In making law king, American lawyers became integral to the exercise of political power, so integral to law that legal ethics philosopher David Luban concluded, “lawyers are the law.” American lawyers have defended the exercise of this power from the Revolution to the present by arguing their work is channeled by the profession’s standards of ethical behavior. Those standards demand that lawyers serve the public interest and the interests of their paying clients before themselves. The duties owed both to the public and to clients meant lawyers were in the marketplace selling their services, but not of the marketplace. This is the story of power and the limits of ethical constraints to ensure such power is properly wielded. The Lawyer’s Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the “professionalism” crisis facing lawyers today.
A Prescription for Dignity
Examining the treatment of persons with mental disabilities in the criminal justice system, this book offers new perspectives that are crucial to an understanding of the ways in which society projects onto criminal defendants prejudices and attitudes about responsibility, free will, autonomy, choice, public safety, and the meaning and purpose of punishment, all with a focus on ways to enhance dignity in the criminal trial process. It is a detailed exploration of issues of adequacy of counsel; the impact of international human rights law, following the ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the role of mental health courts; and the inf...
No Place for Ethics
In No Place for Ethics, Hill argues that contemporary judicial review by the U.S. Supreme Court rests on its mistaken positivist understanding of law—law simply because so ordered—as something separate from ethics. Further, to assert any relation between the two is to contaminate both, either by turning law into an arm of ethics, or by making ethics an expression of law. This legal positivism was on full display recently when the Supreme Court declared that the CDC was acting unlawfully by extending the eviction moratorium to contain the spread of the Covid-19 Delta variant, something that, the Court admitted, was of indisputable benefit to the public. How mistaken however to think that ...
Examples & Explanations for Professional Responsibility
The Seventh Edition of Examples & Explanations for Professional Responsibility is a thorough and comprehensive text that can be used by students as a study aid and by professional responsibility teachers as a class text. It covers the whole field of professional responsibility, focusing not only on the ABA Model Rules, but on the often-complex relationship between the rules and doctrines of agency, tort, contract, evidence, and constitutional law. Beginning with the formation of the attorney-client relationship, the book proceeds through topics including attorneys’ fees, malpractice and ineffective assistance of counsel, confidentiality and privilege rules, conflicts of interest, witness p...
Civil Procedure
Written by respected scholars and experienced educators, this book showcases rules and doctrine of civil procedure at work in the practice of law. The book focuses on civil rights both to engage student’s by focusing on issues they care out and to illustrate the impact of procedure on real people’s experience with the legal system. The cases are framed in their historical and social context. Each chapter contains a well-written introduction, cases, and clear explanations of the doctrine, supported by readings highlighting the context of the case as well as review questions and comments which deepen students’ understanding and clarify key concepts, and offers more than forty well-crafte...
Betraying Dignity
What do medieval knights, suicide bombers and "victimhood culture" have in common? Betraying Dignity argues that in the second decade of the twenty-first century, individuals, political parties and nations around the world are abandoning the dignity-based culture we established in the aftermath of two world wars, less than a century ago. Disappointed or intimidated, many turn their backs on the humanitarian, universalistic culture that presumes our inherent human dignity and celebrates it as the basis of every individual's equal human rights. Instead, people and nations are returning to a much older, honor-based cultural structure. Because its ancient logic and mentality take new forms (such...
Monsters, Law, Crime
Monsters, Law, Crime, an edited collection composed of essays written by prominent U.S. and international experts in Law, Criminology, Sociology, Anthropology, Communication and Film, constitutes a rigorous attempt to explore fertile interdisciplinary inquiries into “monsters” and “monster-talk,” and law and crime. This edited collection explores and updates contemporary discussions of the emergent and evolving frontiers of monster theory in relation to cutting-edge research on law and crime as extensions of a Gothic Criminology. This theoretical framework was initially developed by Caroline Joan “Kay” S. Picart, a Philosophy and Film professor turned Attorney and Law professor, and Cecil Greek, a Sociologist (Picart and Greek 2008). Picart and Greek proposed a Gothic Criminology to analyze the fertile synapses connecting the “real” and the “reel” in the flow of Gothic metaphors and narratives that abound around criminological phenomena that populate not only popular culture but also academic and public policy discourses. Picart's edited collection adapts the framework to focus predominantly on law and the social sciences.
Motion Practice
This comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished, Motion Practice, Eighth Edition shows you both what is permissible and what is advisable in such aspects of motion practice as:
Ethical Problems in the Practice of Law
This problem-based book reflects the authors' broad range of teaching, clinical, and policy-making experience. The book's carefully crafted ethical problems challenge students to engage in a deep analysis and participate in lively class discussion. Features include: Real-world problems, most based on actual cases, in which students are asked to step into the shoes of practicing lawyers to confront difficult ethical dilemmas that often arise in practice. The law governing lawyers explained in an accessible question-and-answer format. A succinct explanation of relevant Model Rules and other law governing lawyers, including examples from disciplinary and malpractice cases. An opportunity for st...
