|Building on Best Practices: Transforming Legal Education in a Changing World
KF273 .B848 2015
Building on Best Practices identifies ten such areas and provides guidance on what and how to teach them. The demand to teach a broader range of knowledge, skills, and values presents difficult trade-offs, however, that are also considered. The ebook is available at no charge. Building on Best Practices is a follow-up to Best Practices for Legal Education, a project of the Clinical Legal Education Association (CLEA), authored primarily by Roy Stuckey. With contributions from more than 50 legal educators, this new volume is not a second edition, but is intended to be used in conjunction with the original volume, as the core content of Best Practices remains just as useful as when it was originally published. In the wake of new ABA Accreditation Standards, the MacCrate Report, and other changes, legal education is called upon today to respond to a broader view of what lawyers must be trained to do. Building on Best Practices identifies ten such areas and provides guidance on what and how to teach them. The demand to teach a broader range of knowledge, skills, and values presents difficult trade-offs, however, that are also considered.
|Legal Education in the Global Context: Opportunities and Challenges
K100 .L452 2016
This book discusses the opportunities and challenges facing legal education in the era of globalization. It identifies the knowledge and skills that law students will require in order to prepare for the practice of tomorrow, and explores pedagogical shifts legal education needs to make inside and outside of the classroom. With contributions from leading experts on legal education from various jurisdictions across the globe, the work combines theoretical depth with practical insights. Seeking to understand the changing landscape of legal education in the era of globalization, the contributions find that law schools can, and must, adopt educational strategies that at least present students with different understandings of what studying and practicing law is meant to be about. They find that law schools need to offer their students choices, a vision of practice that is not driven entirely by the demands of the marketplace or the needs of major international law firms. Bridging the gap between theory and practice, this book makes a significant contribution to the impact of globalization on legal education, and how students and law schools need to adapt for the future. It will be of great interest to academics and students of comparative legal studies and legal education, as well as policy-makers and practitioners.
More New Books
|Collaborating Against Human Trafficking: Cross-Sector Challenges and Practices
Foot, Kirsten A.
In the fight against human trafficking, cross-sector collaboration is vital—but often, systemic tensions undermine the effectiveness of these alliances. Kirsten Foot explores the most potent sources of such difficulties, offering insights and tools that leaders in every sector can use to re-think the power dynamics of partnering.
Weaving together perspectives from many sectors including business, donor foundations, mobilization and advocacy NGOs, faith communities, and survivor-activists, as well as government agencies, law enforcement, and providers of victim services, Foot assesses how differences in social location (financial well-being, race, gender, etc.) and sector-based values contribute to interpersonal, inter-organizational, and cross-sector challenges. She convincingly demonstrates that finding constructive paths through such multi-level tensions—by employing a mix of shared leadership, strategic planning, and particular practices of communication and organization—can in turn facilitate more robust and sustainable collaborative efforts. An appendix provides exercises for use in building, evaluating, and trouble-shooting multi-sector collaborations, as well as links to online tools and recommendations for additional resources.
|Courting Peril: The Political Transformation of the American Judiciary
Geyh, Charles Gardner
The rule of law paradigm has long operated on the premise that independent judges disregard extralegal influences and impartially uphold the law. A political transformation several generations in the making, however, has imperiled this premise. Social science learning, the lessons of which have been widely internalized by court critics and the general public, has shown that judicial decision-making is subject to ideological and other extralegal influences. In recent decades, challenges to the assumptions underlying the rule of law paradigm have proliferated across a growing array of venues, as critics agitate for greater political control of judges and courts. With the future of the rule of law paradigm in jeopardy, this book proposes a new way of looking at how the role of the American judiciary should be conceptualized and regulated. This new, “legal culture paradigm” defends the need for an independent judiciary that is acculturated to take law seriously but is subject to political and other extralegal influences. The book argues that these extralegal influences cannot be eliminated but can be managed, by balancing the needs for judicial independence and accountability across competing perspectives, to the end of enabling judges to follow the “law” (less rigidly conceived), respect established legal process, and administer justice.
|Courtrooms and Classrooms: A Legal History of College Access, 1860-1960
Gelber, Scott M.
Focusing on admissions, expulsion, and tuition litigation, Courtrooms and Classrooms reveals that judicial scrutiny of college access was especially robust during the nineteenth century, when colleges struggled to differentiate themselves from common schools that were expected to educate virtually all students. During the early twentieth century, judges deferred more consistently to academia as college enrollment surged, faculty engaged more closely with the state, and legal scholars promoted widespread respect for administrative expertise. Beginning in the 1930s, civil rights activism encouraged courts to examine college access policies with renewed vigor.
Gelber explores how external phenomena―especially institutional status and political movements―influenced the shifting jurisprudence of higher education over time. He also chronicles the impact of litigation on college access policies, including the rise of selectivity and institutional differentiation, the decline of de jure segregation, the spread of contractual understandings of enrollment, and the triumph of vocational emphases.
|Inside the Equal Access to Justice Act: Environmental Litigation and the Crippling Battle over America’s Lands, Endangered Species, and Critical Habitats
Baier, Lowell E.
In this book, Lowell E. Baier, one of America’s preeminent experts on environmental litigation, chronicles the century-long story of Americas’ resources management, focusing on litigations, citizen suit provisions, and attorneys’ fees. He provides the first book-length comprehensive examination of the little-known Equal Access to Justice Act (EAJA) and its role in environmental litigation. Originally intended to support veterans, the disabled and small business, EAJA, Baier argues, now paralyzes America’s public land management agencies. Baier introduces readers to the history of EAJA, examines the many beneficiaries of the law, describes in depth 20 of the most prominent litigious environmental groups in America, and recommends carefully tailored amendments to the EAJA to correct environmental abuses of the law while protecting legitimate interests. Inside the Equal Access to Justice Act will be a valuable resource for the environmental legal community, environmentalists, practitioners at all levels of government, and all readers interested in environmental policy and the rise of the administrative state.
|Justiciability of Human Rights Law in Domestic Jurisdictions
K3240 .J835 2016
This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and developed jurisdictions, via a myriad range of perspectives. The essays collectively present a diverse assortment of themes unified by a single ‘golden thread’ – that of the domestic interpretations given to human rights protections. They raise questions as to how such rights might be made substantive at the level of domestic implementation, and query the extent to which these rights can, or even should, be enforced by the courts. The potential strains in the relationship between human rights and the rule of law, is further called into question by another central theme: that of human dignity.
What defines a president? Is it policymaking? A good relationship with the American people? Or is it legacy? Most would argue that legacy imprints a president in the American consciousness. A president’s federal judicial appointees may be his or her most lasting political legacy. Because federal judges serve for life, their legal policymaking endures long after a president’s term in office is over. Presidents who care about serving their mandate, who desire to maximize their policy agenda, and who wish to influence the nation’s constitutional fabric appoint as many federal judges as possible.
This new volume in the Presidential Briefings series shows how the president’s appointment power has expanded beyond its bare constitutional outlines. In exercising their constitutional powers while paying heed to political opportunities, presidents and the Senate have together created our modern judicial appointment politics. Presidents consider a host of demographic and ideological factors, candidate qualities, and electoral politics.
Nancy Maveety examines the dynamics of screening and choosing judicial nominees and analyzes the institutional calculus in securing their confirmation in the face of senatorial obstruction. Maveety shows how a president can adapt to particular circumstances and provides an outline for synergistically staffing the federal judiciary, thus securing a legacy for all time.
|Power, Suffering, and the Struggle for Dignity: Human Rights Frameworks for Health and Why They Matter
Yamin, Alicia Ely
Directed at a diverse audience of students, legal and public health practitioners, and anyone interested in understanding what human rights-based approaches (HRBAs) to health and development mean and why they matter, Power, Suffering, and the Struggle for Dignity provides a solid foundation for comprehending what a human rights framework implies and the potential for social transformation it entails. Applying a human rights framework to health demands that we think about our own suffering and that of others, as well as the fundamental causes of that suffering. What is our agency as human subjects with rights and dignity, and what prevents us from acting in certain circumstances? What roles are played by others in decisions that affect our health? How do we determine whether what we may see as “natural” is actually the result of mutable, human policies and practices?
Alicia Ely Yamin couples theory with personal examples of HRBAs at work and shows the impact they have had on people’s lives and health outcomes. Analyzing the successes of and challenges to using human rights frameworks for health, Yamin charts what can be learned from these experiences, from conceptualization to implementation, setting out explicit assumptions about how we can create social transformation. The ultimate concern of Power, Suffering, and the Struggle for Dignity is to promote movement from analysis to action, so that we can begin to use human rights frameworks to effect meaningful social change in global health, and beyond.
|Research Handbook on Human Rights and the Environment
K3585 .R47 2015
Bringing together leading international scholars in the field, this Research Handbook interrogates, from various angles and positions, the fractious relationship between human rights and the environment and between human rights and environmental law. The Handbook provides researchers and students with a fertile source of reflection and engagement with this most important of contemporary legal relationships. Law’s complex role in the mediation of the relationship between humanity and the living order is richly reflected in this timely and authoritative collection.
|Rethinking Cyberlaw: A New Vision for Internet Law
Lipton, Jacqueline D.
The rapid increase in Internet usage over the past several decades has led to the development of new and essential areas of legislation and legal study. Jacqueline Lipton takes on the thorny question of how to define the field that has come to be known variously as cyberlaw, cyberspace law or internet law. Unlike much of the existing literature, this book tackles the question with the benefit of hindsight and draws on several decades of legal developments in the United States and abroad that help illustrate the scope of the field.
The author argues that cyberlaw might best be considered a law of the ‘online intermediary,’ and that by focusing on the regulation of online conduct by search engines, online retail outlets, Internet service providers and online social networks, a more cohesive and comprehensive concept of cyberlaw may be developed. Topics covered include current comparative and global strategies, suggestions for future approaches to cyberspace regulation, and the creation of a cohesive and comprehensive framework for the cyberlaw field.
Providing an excellent summation of current, past and future cyberlaw, this volume will be extremely valuable to students, scholars, policy makers and legal practitioners with an interest in digital information and technology.
|Taming the Presumption of Innocence
Lippke, Richard L.
The notion that an individual accused of a crime is presumed innocent until proven guilty is one of the cornerstones of the American criminal justice system. However, the presumption of innocence creates a number of practical and theoretical issues, particularly regarding pre-trial and post-trial processes. In Taming the Presumption of Innocence, Richard L. Lippke argues that the presumption of innocence should be contained to the criminal trial. Beyond the realm of the trial, legal professionals, investigators, and the general public should carry out their respective roles in the criminal justice process without making any presumptions about guilt or innocence whatsoever. Rather than eschewing the significance of the presumption of innocence, the book defends its role within its proper context, the criminal trial. According to Lippke, other aspects of the criminal justice system such as investigation, lawmaking, and treatment of ex-offenders should be conducted in such a way that reflects the fallibility and unpredictability of the system without involving the issue of presumed guilt or innocence. Lippke dispels the idea that the presumption of innocence can be used to remedy some of the current issues in the practice of criminal justice, and instead proposes engaging in deeper, more substantive reforms of the American criminal justice system. The first monograph dedicated exclusively to the presumption of innocence, Taming the Presumption of Innocence will be an ideal text for students and scholars of criminology, criminal justice, and legal theory.
|These Estimable Courts: Understanding Public Perceptions of State Judicial Institutions and Legal Policy-Making
Cann, Damon M.
In These Estimable Courts, Damon M. Cann and Jeff Yates explore how citizens feel about the government institutions at the front lines of jurisprudential policy-making in America – our nation’s state and local courts. The book’s central focus concerns a primary question of governance: why do people support and find legitimate the institutions that govern their lives? Cann and Yates evaluate the factors that drive citizens’ support for their state and local courts and that influence peoples’ perceptions of the proper role of these courts in our society, as well as how judicial policy-making should be made.
A viable democracy depends upon citizen belief in the legitimacy of government institutions. Nowhere is this more evident than in judicial institutions. Courts depend heavily on a reservoir of public good will and institutional legitimacy to get their decrees obeyed by the public and implemented by other policy actors. It enables courts to weather the storm of counter-majoritarian decisions and remain effective governing bodies whose edicts are respected and followed.
These Estimable Courts takes advantage of new original survey data to evaluate citizens’ beliefs about the legitimacy of state courts as well as a number of important related concerns. These include peoples’ views concerning how judges decide cases, the role of judges and courts in policy-making, the manner in which we select judges, and finally, the dynamics of citizens’ views regarding compliance with the law and legal institutions.
|Trademarks and Social Media: Towards Algorithmic Justice
Legal conflicts between trademark holders, social media providers and internet users have become manifest in light of wide scale, unauthorised use of the trademark logo on social media in recent decades. Arguing for the protection of the trademark logo against unauthorised use in a commercial environment, this book explores why protection enforcement should be made automatic. A number of issues are discussed including the scalability of litigation on a case-by-case basis, and whether safe harbour provisions for online service providers should be substituted for strict liability.
|What Works: Gender Equality by Design
Gender equality is a moral and a business imperative. But unconscious bias holds us back and de-biasing minds has proven to be difficult and expensive. Behavioral design offers a new solution. Iris Bohnet shows that by de-biasing organizations instead of individuals, we can make smart changes that have big impacts—often at low cost and high speed.