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In Rule Of Law, Glynnis Breytenbach reflects back on her career as a prosecutor, including specific cases she has tried, and on her life to provide a fascinating commentary on the importance of the independence of judicial institutions and the precariousness of this independence.
Her current challenges are directly linked to how outspoken she is and how she continues to campaign fiercely for the rule of law in this country.
In My Own Liberator, Dikgang Moseneke pays homage to the many people and places that have helped to define and shape him. In tracing his ancestry, the influence on both his maternal and paternal sides is evident in the values they imbued in their children - the importance of family, the value of hard work and education, an uncompromising moral code, compassion for those less fortunate and unflinching refusal to accept an unjust political regime or acknowledge its oppressive laws. As a young activist in the Pan-Africanist Congress, at the tender age of fifteen, Moseneke was arrested, detained and, in 1963, sentenced to ten years on Robben Island for participating in anti-apartheid activities. Physical incarceration, harsh conditions and inhumane treatment could not imprison the political prisoners' minds, however, and for many the Island became a school not only in politics but an opportunity for dedicated study, formal and informal. It set the young Moseneke on a path towards a law degree that would provide the bedrock for a long and fruitful legal career and see him serve his country in the highest court. My Own Liberator charts Moseneke's rise as one of the country's top legal minds, who not only helped to draft the interim constitution, but for fifteen years acted as a guardian of that constitution for all South Africans, helping to make it a living document for the country and its people.
When Daniel is tasked with writing the biography of his grandfather, Jules Browde - one of South Africa’s most celebrated advocates - he gets straight to work. But the task that at first seems so simple comes to overwhelm him.
The troubled progress of Daniel’s book stands in sharp contrast to the clear-edged tales his grandfather tells him. Spanning almost a century, these gripping stories compellingly conjure other worlds: the streets of 1920s Yeoville, the battlefields of the Second World War, the courtrooms of apartheid South Africa.
The Relatively Public Life Of Jules Browde is more than the portrait of an unusual South African life, it is the moving tale of a complex and tender relationship between grandfather and grandson, and an exploration of how we are made and unmade in the stories we tell about our lives.
Clinical legal education (CLE) is a springboard for entry into legal practice, preparing students for the professional challenges they will face after completing their studies and embarking on their legal careers. In her eight years of conducting research on CLE in South African universities, the author has found that the most urgent needs are in the area of student assessment. Designing a curriculum with assessable content is therefore essential for clinicians who, in certifying students' capabilities, are the gatekeepers to practice. This book identifies curriculum requirements across a number of jurisdictions, and proposes a menu of assessment methods, which may enhance the choices of assessment methodologies available to South African university law clinics. It also covers the setting of parameters for assessment, grading, grade descriptors and moderation systems, and discusses different forms of tests, assignments, essay- and oral-examinations, as well as self- and peer-evaluation, peer editing, case portfolios, and trial advocacy skills. The book addresses challenges such as clinicians' heavy workloads and differing levels of experience in supervision and assessment. It discusses challenges students face and presents solutions enabling clinicians to help them depending on their individual experience and needs. Also discussed are the potential conflicts between the needs of students and those of the local community being served by the law clinic. Although the aim of this book is to find appropriate assessment methods for CLE, the effectiveness of an assessment programme can only be determined when measured against a curriculum. The proposed curriculum is therefore measured against the identified assessment criteria. CLE Lecturers can download assessment forms, checklists and rubrics from the Juta Law website - visit https://juta.co.za/support-material/detail/clinical-legal-education for details.
A frank and witty memoir of life at the Bar and on the Bench, from former High Court Judge The Hon. Sir Harry Ognall. For many years, Harry Ognall enjoyed a formidable reputation as an advocate at the criminal Bar. As counsel, and later as judge, he was involved in numerous high-profile trials, both in Britain and abroad. Among many cases as a QC, he prosecuted Peter Sutcliffe, the so-called `Yorkshire Ripper'. He successfully defended six officers of the Air Force of Zimbabwe at their trial in Harare, where they faced a charge of treasonable sabotage. As a judge, he presided over the trial of Colin Stagg (the alleged `Wimbledon Common murderer'), the trial arising from the Lyme Bay canoe tragedy and the trial for the first time in the United Kingdom of a doctor's alleged involvement in euthanasia. Thoughtful and provocative, Sir Harry has advice for the aspiring young advocate, and invests this penetrating memoir with warmth, humour and understanding. His frank portrait of a lifetime in the criminal law offers unique perspectives on some of the most notorious cases of the twentieth century, as well as fascinating insights into a colourful professional life and the burdens and responsibilities that come with the privilege of high judicial office.
'A thoughtful, elegant book. ... often as thrilling as a detective novel. ' - Thomas Grant, QC The Times. Sarah Langford is a barrister. Her job is to stand in court representing the mad and the bad, the vulnerable, the heartbroken and the hopeful. She must become their voice: weave their story around the black and white of the law and tell it to the courtroom. These stories may not make headlines but they will change the lives of ordinary people in extraordinary ways. They are stories which, but for a twist of luck, might have been yours. To work at the Bar is to enter a world shrouded by strange clothing, archaic rituals and inaccessible language. So how does it feel to be an instrument of such an unknowable system? And what does it mean to be at its mercy? Our legal system promises us justice, impartiality and fair judgement. Does it, or can it, deliver this? With remarkable candour, Sarah describes eleven cases which reveal what goes on in our criminal and family courts. She examines how she feels as she defends the person standing in the dock. She tells compelling stories - of domestic fall out, everyday burglary, sexual indiscretion, and children caught up in the law - that are sometimes shocking and often heart-stopping. She shows us how our attitudes and actions can shape not only the outcome of a case, but the legal system itself.
Written by a recent law school graduate with an extraordinary success story, Excelling in Law School: A Complete Approach transcends merely surviving the experience, demonstrating how to earn high grades by working smart, excel in extracurricular activities, publish, and land top jobs. The author aced his first year at a fourth tier law school and transferred to a top-10 school from which he graduated, magna cum laude. Now, he shares his insights and his experience, surpassing expectations set by his less-than-lustrous LSAT scores. Miller relieves some of the anxiety about law school by conveying proven strategies that will appeal to today's tech-savvy law student. He outlines the available resources and study-aids and shows how to effectively use new technologies such as websites that distribute outlines, companies that provide MP3s of detailed lectures on first year courses, student-maintained outline banks, recorded lectures, professor podcasts, and PowerPoint slides. Students learn the specific, unique skills required to approach law reviews and scholarships and to hunt for jobs. Excelling in Law School: A Complete Approach observes successful tactics used by other students and guides readers in selecting the strategies and resources that best fit each personality
THE SUNDAY TIMES BESTSELLER 'Eye-opening, damning and hilarious' Tim Shipman, author of All Out War and Fall Out "I'm a barrister, a job which requires the skills of a social worker, relationship counsellor, arm-twister, hostage negotiator, named driver, bus fare-provider, accountant, suicide watchman, coffee-supplier, surrogate parent and, on one memorable occasion, whatever the official term is for someone tasked with breaking the news to a prisoner that his girlfriend has been diagnosed with gonorrhoea." Welcome to the world of the Secret Barrister. These are the stories of life inside the courtroom. They are sometimes funny, often moving and ultimately life-changing. How can you defend a child-abuser you suspect to be guilty? What do you say to someone sentenced to ten years who you believe to be innocent? What is the law and why do we need it? And why do they wear those stupid wigs? From the criminals to the lawyers, the victims, witnesses and officers of the law, here is the best and worst of humanity, all struggling within a broken system which would never be off the front pages if the public knew what it was really like. Both a searing first-hand account of the human cost of the criminal justice system, and a guide to how we got into this mess, The Secret Barrister wants to show you what it's really like and why it really matters.
Legendary Sheriff Irvine Smith QC is one of the most formidable criminal lawyers of his generation. Called to the Bar in 1953, he was involved as Counsel in some of Scotland's biggest cases, including the Glasgow Bank Raid, known at the time as 'the crime of the century'. He also defended five capital murder trials before the abolition of the death penalty and knew the full responsibility of trying to keep defendants from the gallows. He later became a Sheriff, quickly building a reputation as a no-nonsense judge with a sharp intellect and a dry and ready wit. He presided over the test case in the Ibrox Disaster. He was also one of the finest after-dinner speakers of his generation, especially on the theme of St Andrew and Burns. This talent took him to many venues across the world. Irvine Smith's personal recollections are both frank and entertaining, charting the highs and lows of a remarkable life and career lived to the full.
Geoffrey Robertson led students in the '60s to demand an end to racism and censorship. He went on to become a top human rights advocate, saving the lives of many death-row inmates, freeing dissidents and taking on tyrants in a career marked by courage, determination and a fierce independence. In this witty, honest and sometimes irreverent memoir, he recalls battles on behalf of George Harrison and Julian Assange, Salman Rushdie and Vaclav Havel, Mike Tyson and the Sex Pistols, and battles against General Pinochet, Lee Kuan Yew and Mrs Thatcher (the true story of Spycatcher is told for the first time). Interspersed with these forensic fireworks is the story of a pimply schoolboy from a state comprehensive, inspired by a banned book to become a barrister at the Old Bailey and who went on to found the UK's leading human rights practice (Doughty Street Chambers) and to defend troublemakers throughout the world. Rather His Own Man captures the drama of the trial, the thrill of victory and the feeling of `courtus interruptus' when a big case settles. Its cast of characters includes Princess Diana, Pee-Wee Herman, Dame Edna, the Queen and Rupert - the bear and the media mogul. It's a read that is both exhilarating and erudite - and very funny.
Law as Engineering proposes a radically new way of thinking about law, as a profession and discipline concerned with design rather than with litigation, and having much in common with engineering in the way it produces devices useful for its clients. It uses that comparison to propose ways of improving legal design, to advocate a transformation of legal ethics so that the profession learns from its role in the crash of 2008, and to reform legal education and research. Offering a totally new perspective, this book will be a fascinating read for law students and prospective law students, legal academics across all sub-fields, lawyers in government, especially those engaged in drafting legislation, and policymakers.
This is the fascinating story of Desmond de Silva's life and work, from the prosecution of Charles Taylor for war crimes in Sierra Leone, to defending household names such as John Terry, via murder, celebrity and spy cases.Born in Ceylon during World War II, Desmond de Silva went on to become one of the most distinguished and high-profile lawyers of his generation. This memoir provides an authoritative account of his most remarkable cases, covering over half a century of practice in the courts of England, the Commonwealth and as Chief Prosecutor of an international criminal court that in 2012 brought to justice the first Head of State since the Nuremberg trials in 1946.It is also a revealing portrait of Britain's post-war social, political and cultural landscape - and a testament to the unparalleled importance of the rule of law in society. De Silva's own reminiscences are complemented by a series of stories relating to his most colourful cases by the Evening Standard's veteran court reporter Paul Cheston.
The Truth and Reconciliation Commission (TRC), established in South Africa after the collapse of apartheid, was the bold creation of a people committed to the task of rebuilding a nation and establishing a society founded upon justice, equality and respect for the rule of law. As part of its historic, cathartic mission, the TRC held a special hearing, calling to account the lawyers - judges, academics and members of the bar - who had been crucial participants in the apartheid legal order. This book is an account of those hearings, and an attempt to evaluate, in the light of the theories of adjudication, the historical role of the judiciary and bar in the apartheid years. It argues, often in the words of those who testified, how the judges failed in their duty to uphold the rule of law. For the most part, the lawyers of apartheid are found to have deserted its victims.;The few notable exceptions both illustrate the potential for lawyers to have done more and lay the basis for the respect the rule of law still enjoys in South Africa despite apartheid. Yet, the author argues, many continue to commit a more serious "crime". Failing to confront the past, and in many cases refusing even to attend TRC hearings, the lawyers who could have helped to resist the worst excesses of apartheid remain accomplices to its evil deeds. This book offers us the spectacle of an entire legal system on trial. The echoes from this process are captured here in a way that will appeal to all readers - lawyers and non-lawyers alike - interested in the relationship between law and justice, as it is exposed during a period of transition to democracy.
"CrunchTime "provides a comprehensive topic breakdown and critical information review all in one tool. The application flow charts can be used all semester long, but the capsule summaries are ideal for exam preparation. Each title offers capsule summaries of major points of law and critical issues, exam tips for identifying common traps and pitfalls, sample exam and essay questions with model answers, and recommended approaches for crafting essays that will get winning grades
CrunchTime Series Features: Capsule summary of subject matter Condensed format Flow charts illustrate major concepts Multiple-choice questions with answers Essay questions with model answers
THE SUNDAY TIMES BESTSELLER SHORTLISTED FOR THE CWA NON-FICTION DAGGER 'Thomas Grant has brought together Hutchinson's greatest legal hits, producing a fascinating episodic cultural history of post-war Britain that chronicles the end of deference and secrecy, and the advent of a more permissive society . . . Grant brings out the essence of each case, and Hutchinson's role, with clarity and wit' Ben Macintyre, The Times 'An excellent book . . . Grant recounts these trials in limpid prose which clarifies obscurities. A delicious flavouring of cool irony, which is so much more effective than hot indignation, covers his treatment of the small-mindedness and cheapness behind some prosecutions' Richard Davenport-Hines, Guardian Born in 1915 into the fringes of the Bloomsbury Group, Jeremy Hutchinson went on to become the greatest criminal barrister of the 1960s, '70s and '80s. The cases of that period changed society for ever and Hutchinson's role in them was second to none. In Case Histories, Jeremy Hutchinson's most remarkable trials are examined, each one providing a fascinating look into Britain's post-war social, political and cultural history. Accessibly and entertainingly written, Case Histories provides a definitive account of Jeremy Hutchinson's life and work. From the sex and spying scandals which contributed to Harold Macmillan's resignation in 1963 and the subsequent fall of the Conservative government, to the fight against literary censorship through his defence of Lady Chatterley's Lover and Fanny Hill, Hutchinson was involved in many of the great trials of the period. He defended George Blake, Christine Keeler, Great Train robber Charlie Wilson, Kempton Bunton (the only man successfully to 'steal' a picture from the National Gallery), art 'faker' Tom Keating, and Howard Marks who, in a sensational defence, was acquitted of charges relating to the largest importation of cannabis in British history. He also prevented the suppression of Bernardo Bertolucci's notorious film Last Tango in Paris and did battle with Mary Whitehouse when she prosecuted the director of the play Romans in Britain. Above all else, Jeremy Hutchinson's career, both at the bar and later as a member of the House of Lords, has been one devoted to the preservation of individual liberty and to resisting the incursions of an overbearing state. Case Histories provides entertaining, vivid and revealing insights into what was really going on in those celebrated courtroom dramas that defined an age, as well as painting a picture of a remarkable life. To listen to Jeremy Hutchinson being interviewed by Helena Kennedy on BBC Radio 4's A Law Unto Themselves, please follow the link: http://www.bbc.co.uk/programmes/b04d4cpv You can also listen to him on BBC Radio 4's Desert Island Discs with Kirsty Young: http://www.bbc.co.uk/programmes/b03ddz8m
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John Marshall (1755--1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America. Drawing on a new and definitive edition of Marshall's papers, R. Kent Newmyer combines engaging narrative with new historiographical insights in a fresh interpretation of John Marshall's life in the law. More than the summation of Marshall's legal and institutional accomplishments, Newmyer's impressive study captures the nuanced texture of the justice's reasoning, the complexity of his mature jurisprudence, and the affinities and tensions between his system of law and the transformative age in which he lived. It substantiates Oliver Wendell Holmes Jr.'s view of Marshall as the most representative figure in American law.
Criminal Litigation and Sentencing offers an excellent introduction to the criminal justice system and the rules and procedures which govern the role of the criminal advocate. The manual provides practical guidance on all aspects of a criminal case, from arrest and charge, to trial, appeals, and sentence. Full consideration is given to criminal proceedings in magistrates', youth, and Crown courts, so that the pupil barrister is fully prepared for practice.
Throughout his glittering career, Ross Harper was a major figure in Scottish law, politics, journalism and business. He was a key player in many of Scotland's most high-profile legal cases from the 1960s to the 1990s, including the Albany Drugs Case and the Glasgow Rape Case, after having ambitiously set up his own firm while still in his mid-twenties. He was President of the Law Society of Scotland and the International Bar Association, received numerous commendations for his work and acted as a political consultant for big businesses such as William Hill. He has also been active in politics throughout his adult life, campaigning tirelessly for the Conservative Party from the 1970s onwards. Harper's work, viewpoints and high profile have, inevitably, exposed him to difficult situations and brought him no shortage of rivals and enemies. And he's had his fair share of run-ins with the media too. His work has also introduced him to a wide variety of people in positions of power on all sides of the political and social spectrum, including Margaret Thatcher, Tony Blair, John Smith and Nelson Mandela. Now, after a life in the spotlight, Ross Harper offers deeply personal views on the law, business and journalism, examining the roots of his career and the lifelong values of his upbringing in Glasgow during the Second World War. He shares the secrets of his success and shows how he has balanced an astonishingly busy professional life with a lifelong passion for fishing and his position as a devoted family man. This is the story of one of the major figures in Scottish life of the past fifty years, told with the warmth, humour and candour that those who know him would expect.
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