Download or read book Beyond Law and Development written by Sam Adelman and published by Routledge. This book was released on 2022-04-27 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book highlights new imaginaries required to transcend traditional approaches to law and development. The authors focus on injustices and harms to people and the environment, and confront global injustices involving impoverishment, patriarchy, forced migration, global pandemics and intellectual rights in traditional medicine resulting from maldevelopment, bad governance and aftermaths of colonialism. New imaginaries emphasise deconstruction of fashionable myths of law, development, human rights, governance and post-coloniality to focus on communal and feminist relationality, non-western legal systems, personal responsibility for justice and forms of resistance to injustices. The book will be of interest to students and scholars of development, law and development, feminism, international law, environmental law, governance, politics, international relations, social justice and activism.

Download or read book Lawyers Beyond Borders written by Maria Armoudian and published by University of Michigan Press. This book was released on 2021-09-07 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror. Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.

Download or read book Beyond Fossil Law written by Ted Hamilton and published by . This book was released on 2021-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Beyond Legal Reasoning a Critique of Pure Lawyering written by Jeffrey Lipshaw and published by Routledge. This book was released on 2017-03-27 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of learning to ‘think like a lawyer’ is one of the cornerstones of legal education in the United States and beyond. In this book, Jeffrey Lipshaw provides a critique of the traditional views of ‘thinking like a lawyer’ or ‘pure lawyering’ aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing on his extensive experience at the intersection of real world law and business issues, Professor Lipshaw presents a sophisticated philosophical argument that the "pure lawyering" of traditional legal education is agnostic to either truth or moral value of outcomes. He demonstrates pure lawyering’s potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors. This book offers an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book will be of great interest to scholars of legal education, legal language and reasoning as well as professors who teach both doctrine and thinking and writing skills in the first year law school curriculum; and for anyone who is interested in seeking a perspective on ‘thinking like a lawyer’ beyond the litigation arena.

Download or read book Beyond Law in Context written by David Nelken and published by Routledge. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This intriguing collection of essays by David Nelken examines the relationship between law, society and social theory and the various ideas social theorists have had about the actual and ideal 'fit' between law and its social context. It also asks how far it is possible to get beyond this mainstream paradigm. The value of social theorising for studying law is illustrated by specific developments in substantive areas such as housing law, tort law, the law of evidence and criminal law. Throughout the chapters the focus is on the following questions. What is gained (and what may be lost) by putting law in context? What attempts have been made to go beyond this approach? What are their (necessary) limits? Can law be seen as anything other than in some way both separate from and relating to 'the social'? The distinctiveness of this approach lies in its effort to keep in tension two claims. Firstly, that social theorising about legal practices is vitally important for understanding the connections between legal and social structures and revealing what law means and does for (and to) various social actors. The second point is that it does not follow that what we learn in this way can be assumed to be necessarily relevant to (re)shaping legal practices without further argument that pays heed to law's specificity.

Download or read book Beyond the Rules written by Catherine O'Grady and published by West Academic Publishing. This book was released on 2021-08-13 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise book brings behavioral insights to the wide array of topics commonly taught in the required professional responsibility course, including admission to the practice of law, confidentiality, conflicts of interest, representing entities, prosecutorial and criminal defense ethics, litigation and negotiation ethics, legal billing, and managerial and subordinate responsibilities. Behavioral legal ethics relies on empirical research to explore how lawyers actually make ethical decisions in context, rather than how they predict they would decide an ethical dilemma. This approach complements the law of lawyering by seeking to understand how various psychological factors and situational pressures explain and influence decision-making and resulting ethical (or unethical) action. Each chapter explores findings from behavioral science that pertain to ethical decision-making such as motivated reasoning, confirmation bias and other cognitive biases, fast thinking, the fundamental attribution error, wrongful obedience, conformity, moral disengagement, and much more. In addition, each chapter contains relevant case studies and reflection questions to deepen and cement students' understanding of the role of behavioral legal ethics in professional responsibility. Finally, the book offers ideas for individual attorneys and legal organizations to improve ethical decision-making. The book can be used as a stand-alone text in a required professional responsibility course, along with the ABA Model Rules of Professional Conduct and select cases and materials, or it can be used as a supplement to a professional responsibility casebook. In addition, the book can be used in advanced legal ethics courses. The authors, both scholars in the field of behavioral legal ethics, are professional responsibility professors who have incorporated behavioral legal ethics into their own classrooms. They have found that students enjoy studying and discussing behavioral insights, and that integrating a behavioral focus to the study of legal ethics helps students better understand the ethical doctrines, policy, and context that underlie the law of lawyering and the ABA Model Rules. A sampling of student testimonials include: "I found the psychology of legal ethics extremely helpful. It really allowed me to focus in on the issues I know I will be challenged with when I enter the legal profession." "I liked how the course was not just putting the rule on the board and going over it, which I have heard some professors do. I liked looking at the rules through a behavioral science lens." "I appreciated the unique take from the behavioral sciences side." "It is kind of hard to imagine studying ethics without any mention of the psychological issues at this point."

Download or read book Beyond the Law written by Emmett Dalton and published by Pelican Publishing. This book was released on 2009-10-22 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Train robbers, horse thieves, murderers. These are only a few of the accusations leveled against the Dalton Gang, the fraternal band of Western lawmen turned outlaws in the latter part of the nineteenth century. Daring in their exploits, the gang members turned their backs on laws they found to be criminally flawed and stole horses, bootlegged whiskey into Indian Territory, and committed the first American train robbery. A rare firsthand account originally published in 1918, this volume details the time when sheriffs were paid for each man they hanged, law enforcement rode under the banner of "Smith & Wesson" rather than "To Serve and Protect," and outlaws ruled the rails.

Download or read book Beyond Elite Law written by Samuel Estreicher and published by Cambridge University Press. This book was released on 2016-04-26 with total page 757 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are Americans making under $50,000 a year compelled to navigate the legal system on their own, or do they simply give up because they cannot afford lawyers? We know anecdotally that Americans of median or lower income generally do without legal representation or resort to a sector of the legal profession that - because of the sheer volume of claims, inadequate training, and other causes - provides deficient representation and advice. This book poses the question: can we - at the current level of resources, both public and private - better address the legal needs of all Americans? Leading judges, researchers, and activists discuss the role of technology, pro bono services, bar association resources, affordable solo and small firm fees, public service internships, and law student and nonlawyer representation.

Download or read book Beyond Environmental Law written by Alyson C. Flournoy and published by Cambridge University Press. This book was released on 2010-02-26 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a vision for the third generation of environmental law designed to enhance its ability to protect our environment. The book presents two core proposals, an Environmental Legacy Act to preserve a defined environmental legacy for future generations and an Environmental Competition Statute to spark movement to new clean technologies. The first proposal would require, for the first time, that the federal government define an environmental legacy that it must preserve for future generations. The second would establish a market competition to maximize environmental protection. The balance of the book provides complementary proposals and analysis. The first generation of environmental law sought broad protection of health and the environment in a fairly fragmented way. The second sought to enhance environmental law's efficiency through cost-benefit analysis and market mechanisms. These proposals seek to create a broader, more creative approach to solving environmental problems.

Download or read book Indigeneity Before and Beyond the Law written by Kathleen Birrell and published by Routledge. This book was released on 2016-07-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining contested notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law, this book focuses upon the animation of indigeneities within textual imaginaries, both literary and juridical. Engaging the philosophy of Jacques Derrida and Walter Benjamin, as well as other continental philosophy and critical legal theory, the book uniquely addresses the troubled juxtaposition of law and justice in the context of Indigenous legal claims and literary expressions, discourses of rights and recognition, postcolonialism and resistance in settler nation states, and the mutually constitutive relation between law and literature. Ultimately, the book suggests no less than a literary revolution, and the reassertion of Indigenous Law. To date, the oppressive specificity with which Indigenous peoples have been defined in international and domestic law has not been subject to the scrutiny undertaken in this book. As an interdisciplinary engagement with a variety of scholarly approaches, this book will appeal to a broad variety of legal and humanist scholars concerned with the intersections between Indigenous peoples and law, including those engaged in critical legal studies and legal philosophy, sociolegal studies, human rights and native title law.

Download or read book Making Elite Lawyers written by Robert Granfield and published by . This book was released on 1992 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Orientation and commencement? Making Elite Lawyers is the first detailed study of legal education at America's premier law school. Drawing on in-depth interviews, student questionnaires, and his own classroom observations, author Robert Granfield documents the conservatizing effects of the Harvard legal education on a broad cross-section of the student population, paying particular attention to the fate of women, students of color, and those from working-class.

Download or read book Intersectionality and Beyond written by Emily Grabham and published by Routledge. This book was released on 2008-08-21 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection addresses the present and the future of the concept of intersectionality within socio-legal studies. Intersectionality provides a metaphorical schema for understanding the interaction of different forms of disadvantage, including race, sexuality, and gender. But it also goes further to provide a particular model of how these aspects of social identity and location converge – whether at the level of subjectivity, everyday life, in culture or in the institutional practices of state and other bodies. Including contributions from a range of international scholars, this book interrogates what has become a key organizing concept across a range of disciplines, most particularly law, political theory, and cultural studies.

Download or read book Copyright Beyond Law written by Marta Iljadica and published by Bloomsbury Publishing. This book was released on 2016-11-17 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The form of graffiti writing on trains and walls is not accidental. Nor is its absence on cars and houses. Employing a particular style of letters, choosing which walls and trains to write on, copying another writer, altering or destroying another writer's work: these acts are regulated within the graffiti subculture. Copyright Beyond Law presents findings from empirical research undertaken into the graffiti subculture to show that graffiti writers informally regulate their creativity through a system of norms that are remarkably similar to copyright. The 'graffiti rules' and their copyright law parallels include: the requirement of writing letters (subject matter) and appropriate placement (public policy and morality exceptions for copyright subsistence and the enforcement of copyright), originality and the prohibition of copying (originality and infringement by reproduction), and the prohibition of damage to another writer's works (the moral right of integrity). The intersection between the 'graffiti rules' and copyright law sheds light on the creation of subculture-specific commons and the limits of copyright law in incentivising and regulating the production and location of creativity.

Download or read book Beyond Law in Context written by David Nelken and published by Routledge. This book was released on 2017-09-08 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: This intriguing collection of essays by David Nelken examines the relationship between law, society and social theory and the various ideas social theorists have had about the actual and ideal 'fit' between law and its social context. It also asks how far it is possible to get beyond this mainstream paradigm. The value of social theorising for studying law is illustrated by specific developments in substantive areas such as housing law, tort law, the law of evidence and criminal law. Throughout the chapters the focus is on the following questions. What is gained (and what may be lost) by putting law in context? What attempts have been made to go beyond this approach? What are their (necessary) limits? Can law be seen as anything other than in some way both separate from and relating to 'the social'? The distinctiveness of this approach lies in its effort to keep in tension two claims. Firstly, that social theorising about legal practices is vitally important for understanding the connections between legal and social structures and revealing what law means and does for (and to) various social actors. The second point is that it does not follow that what we learn in this way can be assumed to be necessarily relevant to (re)shaping legal practices without further argument that pays heed to law's specificity.

Download or read book Global Order Beyond Law written by Thomas Dietz and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today's globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union's supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order.

Download or read book Law Teaching Strategies for a New Era written by Tessa L. Dysart and published by Carolina Academic Press LLC. This book was released on 2021 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The abrupt move to online legal education in Spring 2020 accelerated the move to online legal education that has been slowing gathering steam in recent years. As more institutions consider the potential to expand their reach with online courses and programs, law professors must move past "pandemic teaching" and seriously consider how they can create and deliver quality legal education online. Law Teaching Strategies for a New Era: Beyond the Physical Classroom, the first comprehensive book on online legal education, explores techniques, tools, and strategies that can assist all types of law professors in that endeavor. The 34 chapters, authored by law professors from across the country, provide a comprehensive look at expanding legal education beyond the traditional classroom experience. Divided into four sections, the book starts by offering tips for getting started and fostering inclusion in online courses. It then moves to suggestions for course design of blended, synchronous, and asynchronous courses, including a chapter on measuring success through empirical research. Finally, it concludes with two sections on course-specific topics covering the range of legal education-from large first-year courses to seminars to skills-based courses and bar preparation. Both new online educators and seasoned veterans of online education will find tips and strategies to improve their online teaching"--

Download or read book Venturing Beyond Law and Morality in Kabbalistic Mysticism written by Elliot R. Wolfson and published by OUP Oxford. This book was released on 2006-05-25 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are mysticism and morality compatible or at odds with one another? If mystical experience embraces a form of non-dual consciousness, then in such a state of mind, the regulative dichotomy so basic to ethical discretion would seemingly be transcended and the very foundation for ethical decisions undermined. Venturing Beyond - Law and Morality in Kabbalistic Mysticism is an investigation of the relationship of the mystical and moral as it is expressed in the particular tradition of Jewish mysticism known as the Kabbalah. The particular themes discussed include the denigration of the non-Jew as the ontic other in kabbalistic anthropology and the eschatological crossing of that boundary anticipated in the instituition of religious conversion; the overcoming of the distinction between good and evil in the mystical experience of the underlying unity of all things; divine suffering and the ideal of spiritual poverty as the foundation for transmoral ethics and hypernomian lawfulness.