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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.
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.
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.
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.
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
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.
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.
In this memoir, the first of two, Dikgang Moseneke pays homage to the many people and places that have helped to define and shape him. These influences include his ancestry; his parents; his immediate and extended family; and his education both in school and on Robben Island as a 15-year-old prisoner. These people and places played a significant role in forming his principled stance in life and his proud defiance of all forms of injustice.
Robben Island became a school not only in politics but an opportunity for dedicated studies towards a law degree that would provide the bedrock for a long and fruitful career. The book charts Moseneke’s rise as one of the country’s top legal minds, who not only helped to draft the Constitution, but for 15 years acted as a guardian of it for all South Africans.
Not only did Moseneke assist in shaping our new Constitution, he has helped to make it a living document for many South Africans over the past 15 years.
THE SUNDAY TIMES BESTSELLERSHORTLISTED 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, GuardianBorn 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/b04d4cpvYou can also listen to him on BBC Radio 4's Desert Island Discs with Kirsty Young: http://www.bbc.co.uk/programmes/b03ddz8m
From legal expert and veteran author Bryan Garner comes a unique, intimate, and compelling memoir of his friendship with the late Supreme Court Justice Antonin Scalia. For almost thirty years, Antonin Scalia was arguably the most influential and controversial Justice on the United States Supreme Court. His dynamic and witty writing devoted to the Constitution has influenced an entire generation of judges. Based on his reputation for using scathing language to criticize liberal court decisions, many people presumed Scalia to be gruff and irascible. But to those who knew him as "Nino," he was characterized by his warmth, charm, devotion, fierce intelligence, and loyalty. Bryan Garner's friendship with Justice Scalia was instigated by celebrated writer David Foster Wallace and strengthened over their shared love of language. Despite their differing viewpoints on everything from gun control to the use of contractions, their literary and personal relationship flourished. Justice Scalia even officiated at Garner's wedding. In this humorous, touching, and surprisingly action-packed memoir, Garner gives a firsthand insight into the mind, habits, and faith of one of the most famous and misunderstood judges in the world.
Emanuel Confidential for the MBE is the tool you need to get
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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.
The first in the relaunch of the In Their Own Words series, repackaged and redesigned in a more appealing format Agate B2's In Their Own Words series has sold more than 180,000 copies to date Builds off the overwhelming success of previous In Their Own Words series titles, such as the New York Times bestseller I, Steve: Steve Jobs In His Own Words More than 300 quotes from Ruth Bader Ginsburg, one of only four women to ever serve on the United States Supreme Court In the last few years, Ginsburg has emerged as a cultural icon and thought leader who appeals to all generations, including millennials Ginsburg speaks frankly on gender and discrimination in American public life A gift book that features Ruth Bader Ginsburg's ideas expressed as quotes from her interviews and statements Few other books detail Ginsburg's own words and perspective on such a wide variety of subjects
Cuthbert Whitton was the last of the Malayan Civil Service officers to sit as a High Court Judge in Singapore. After a brief prologue introducing Cuthbert's Irish family background, this memoir opens with Cuthbert's arrival in Penang in 1929 as an Eastern cadet with the Malayan Civil Service. He describes colonial life and his duties, including taking `dying depositions' although most dying actually recovered. Cuthbert describes the development of political consciousness, dealing with the resulting issues, and states his own views as he progressed to increasingly senior posts. In 1939, after a year reading in Chambers in London, he was called to the Bar by Gray's Inn. He returned to Singapore with the shadow of war looming, and subsequently would be swept up in the drama of the outbreak of war with Japan. Cuthbert's account of the Fall of Singapore is an extremely personal one; increasing apprehension over military aggression in South East Asia, the departure of his wife and infant son, the terror of bombing as the Japanese advanced, finally the rounding up of civilians on the Padang followed by the journey by foot to Katong Convent, then Changi Jail. Apart from commenting on the administration of justice as practised by the Japanese, Cuthbert chose not to dwell upon internment. After the war, and having recuperated in Ireland, Cuthbert returned to Malaya. He recalls court cases, events such as the 1948 Emergency when the Communists launched their terrorist campaign, and he comments on the changing times. In 1951 he was appointed Puisne Judge, Federation of Malaya, and 1953 Puisne Judge, Supreme Court, Singapore.
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