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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.
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.
In this witty, engrossing and sometimes poignant memoir, a sequel to his best-selling The Justice Game, Geoffrey Robertson charts his progress from pimply state schoolboy to top Old Bailey barrister and thence onwards and upwards to a leading role in the struggle for human rights throughout the world. He wryly observes the passion of student protest in Australia in the sixties and his early crusades for `Down Under-dogs', before leaving on a Rhodes Scholarship to combat the British establishment, with the help of John Mortimer of Rumpole fame. There are dramatic accounts of fighting for lives on death row, freeing dissidents and taking on tyrants, armed only with a unique mind and a passion for justice - on display whenever he boomeranged back to Australia to conduct Geoffrey Robertson's Hypotheticals. His is an amazing life story of David vs. Goliath battles - laugh-out-loud tales filled with romance and danger, featuring a cast of characters ranging from General Pinochet to Pee-Wee Herman; from Malcolm Turnbull to Mike Tyson; from Nigella Lawson to Kathy Lette and Julian Assange. Throughout his exploits - recounted here with irreverent humour and dashes of true wisdom - Geoffrey Robertson has remained determinedly independent and his own man. He has also, in respect of human rights, changed the way we think.
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.
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.
Blending theory with real-life applications, the 8th Edition of LAW AND ETHICS IN THE BUSINESS ENVIRONMENT presents modern issues and the latest in case law for an exciting and thought-provoking text. Rather than shying away from controversial topics, it encourages lively classroom debate on everything from privacy and workers' rights to diversity and stereotyping. Insightful cases, end-of-chapter questions, historical quotes, and chapter projects sharpen critical thinking skills, while a wealth of interactive assignments like role plays, mock trials, roundtables, and more prepare you for the ethical and legal dilemmas of the business world.
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.
How Judges Decide Cases is a unique and practical guide which looks at how cases are decided and judgments are written. It examines the style and language of judges expressing judicial opinion and considers the drive for rational justice. The book is founded upon independent research in the form of interviews conducted with judges at every level, from deputy district judges to justices of the Supreme Court, and the practical application of academic material more usually devoted to the structure and analysis of wider prose writing. This new edition has been revised to take into account modern scientific thinking on bias in decision-making and is generic to all areas of contentious law. Newly appointed recorders, deputy judges, tribunal chairman, lay magistrates and arbitrators as well as experienced practitioners will find it invaluable as a guide to the deconstruction of judgments for the purpose of appeal.
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.
Sir Edward Marshall Hall KC saved more people from the hangman's noose than any other known barrister. In an age of inadequate defence funding, minimal forensic evidence, a rigid moral code making little allowance for human passion and a reactionary judiciary, his only real weapons were his understanding of human psychology and the power of his personality. His charismatic oratory and film star profile made him an Edwardian celebrity. Jurors collapsed and judges wept at the overwhelming power of his performances. Thousands congregated to await the verdicts in the trials in which he appeared for the defence. Curtains were brought down in West End theatres to announce the acquittals he secured. His famous trials included the Camden Town murder, Seddon the Poisoner, the Brides in the Bath, the Green Bicycle Murder and the Murder at the Savoy. As a result of his oratory in these he was adulated as an entertainer, his performances greeted with the same relish as those by the great actors; but he was also loved as a champion of the underdog, who almost single-handedly introduced compassion in to the Edwardian legal system. No other barrister in any age can claim such celebrity, nor such public adoration and affection. Meticulously researched, Marshall Hall: A Law unto Himself is the first modern biography of a complex and influential man and, as a result of access to new material: * Sets the legendary barrister in his social, historical and political context. * Reveals the sensational private life of the man behind the public figure, the two turbulent marriages, and the mistresses. * Tells the full story of his first wife's death. * Examines his magnetic oratory and extraordinary fame from a modern perspective.
Emanuel Confidential for the MBE is the tool you need to get
you through the crucial studying period before the bar exam.
Emanuel Confidential for the MBE has outlines that
thoroughly address key elements of each of the six MBE subject
areas in a concise and easy-to-read way. Each outline breaks down
complex areas of the law into manageable bullet points, as well as
including useful test-taking tips to maximize your knowledge on the
* Based on passage rates of students who used Emanuel Bar Review materials in California and New York for Bar Exams in 2008 and 2009 .
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 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
Engaging but caustic and openly ideological, Antonin Scalia was among the most influential justices ever to serve on the United States Supreme Court. In this fascinating new book, legal scholar Richard L. Hasen assesses Scalia's complex legacy as a conservative legal thinker and disruptive public intellectual. The left saw Scalia as an unscrupulous foe who amplified his judicial role with scathing dissents and outrageous public comments. The right viewed him as a rare principled justice committed to neutral tools of constitutional and statutory interpretation. Hasen provides a more nuanced perspective, demonstrating how Scalia was crucial to reshaping jurisprudence on issues from abortion to gun rights to separation of powers. A jumble of contradictions, Scalia promised neutral tools to legitimize the Supreme Court, but his jurisprudence and confrontational style moved the Court to the right, alienated potential allies, and helped to delegitimize the institution he was trying to save.
The field of artificial intelligence (AI) and the law is on the cusp of a revolution that began with text analytic programs like IBM's Watson and Debater and the open-source information management architectures on which they are based. Today, new legal applications are beginning to appear and this book - designed to explain computational processes to non-programmers - describes how they will change the practice of law, specifically by connecting computational models of legal reasoning directly with legal text, generating arguments for and against particular outcomes, predicting outcomes and explaining these predictions with reasons that legal professionals will be able to evaluate for themselves. These legal applications will support conceptual legal information retrieval and allow cognitive computing, enabling a collaboration between humans and computers in which each does what it can do best. Anyone interested in how AI is changing the practice of law should read this illuminating work.
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