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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.
Lawyers must be able to do research and should be able to do it well in order to honour their obligations, be those obligations commercial, in the field of criminal justice, constitutional, judicial or academic. Yet much confusion surrounds the nature of research, the need for lawyers and law students to undertake research projects, the requirements for the dissemination of the results, and their impact on policy and practice. Why is legal research needed? What does it entail? Where should one begin? What methods are used for legal research? What are the ethical issues involved? How does one go about publishing the results of one’s research in law, and which are the appropriate publication platforms? How should the quality of legal research be judged?
Legal Research: Purpose, Planning and Publication seeks to begin answering these questions, to introduce law students to legal research, and perhaps even to open up some new perspectives for those in the legal community who wish to sharpen their research skills.
The guidelines and views in Legal Research are not offered as hard doctrine, but rather as a route map for a journey of discovery, in the course of which readers may develop their own approach to the production of valuable legal research results.
Legal Research provides an introduction to ease the way of legal researchers, especially those with little expertise and experience, and perhaps to open a debate among the more experienced lawyers, who have not yet given much thought to the matter, about developing and improving our understanding of legal research in South Africa.
Law as a profession was not Dikgang Moseneke’s first choice. As a small boy he told his aunt that he wanted to be a traffic officer, but life had other plans for him. At the young age of 15, he was imprisoned for participating in anti-apartheid activities. During his ten years of incarceration, he completed his schooling by correspondence and earned two university degrees. Afterwards he studied law at the University of South Africa.
Practising law during apartheid South Africa brought with it unique challenges, especially to professionals of colour, within a fraught political climate. After some years in general legal practice and at the Bar, and a brief segue into business, Moseneke was persuaded that he would best serve the country’s young democracy by taking judicial office. All Rise covers his years on the bench, with particular focus on his 15-year term as a judge at South Africa’s apex court, the Constitutional Court, including as the deputy chief justice. As a member of the team that drafted the interim Constitution, Moseneke was well placed to become one of the guardians of its final form. His insights into the Constitutional Court’s structure, the values it embodies and the cases that were brought to it make for fascinating reading.
All Rise offers a unique, insider’s view of how the judicial system operates at its best and how it responds when it is under fire. From the Constitutional Court of Arthur Chaskalson to the Mogoeng Mogoeng era, Moseneke’s understated but astute commentary is a reflection on the country’s ongoing but not altogether comfortable journey to a better life for all.
Legal language, or 'legalese' as it is sometimes called, is a language that many people find hard to understand. This is because some of the words and phrases that lawyers and other legal experts use do not form part of regular everyday communication. However, when these experts speak and write using unfamiliar language it is often because they have to: 'ordinary' language cannot properly or accurately describe the often complex concepts and issues involved. This dictionary bridges the gap between the world of everyday language and the world of legal language. Users can access over 20 000 legal words, each of which is explained in plain English for the benefit of people without a legal background, as well as legal practitioners, law students and other members of the legal profession. The dictionary deals with the areas of criminal law, criminal procedural law and law of evidence, and is aimed at familiarising users with the use of legal language in a number of settings, including the courtroom. A trilingual publication, this English-isiXhosa-Afrikaans dictionary also contains a useful list of Latin terms and phrases, together with explanatory notes, as a centre insert. Synonyms, homonyms and polysemes are identified and explained, and the dictionary provides guidance on the use of abbreviations and how to cross-reference lemmas (headwords).
Out of the 2015/16 nationwide student protest action has come the long-overdue challenge for academia to assess and reconsider critically the role academics play in maintaining and perpetuating exclusive social structures and discourse in schools and faculties in the higher education landscape in South Africa. Decolonisation and Africanisation of Legal Education in South Africa proposes possible starting points on the subject, and the roles, challenges and questions that legal academia face in the quest to decolonise and Africanise legal education in South Africa. It explores the potential role of the Constitution in decolonising and Africanising legal education. Furthermore, the book discusses important contextual factors in relation to decolonising clinical legal education. Decolonisation and Africanisation form a much more nuanced project in the continuous process of development and reflection to be undertaken by all law academics together with their relevant institutions and students. The book ultimately highlights the importance of decolonising the law itself. This timely and important work lays a foundation that will hopefully inspire many more publications and debates aimed at transforming our legal education.
A Practical Guide for Legal Support Staff provides basic information about various aspects which legal secretaries, legal support staff, paralegals and candidate attorneys will encounter in carrying out their duties in a law firm or similar environment.
While being an easy-to-read and user-friendly textbook, the emphasis is placed on acquiring the necessary practice management skills. It includes practical examples of the various forms required for different processes and documents.
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 biography of Joaquin de Arredondo, historian Bradley Folsom brings to life one of the most influential and ruthless leaders in North American history. Arredondo (1776-1837), a Bourbon loyalist who governed Texas and the other interior provinces of northeastern New Spain during the Mexican War of Independence, contended with attacks by revolutionaries, U.S. citizens, generals who had served in Napoleon's army, pirates, and various American Indian groups, all attempting to wrest control of the region. Often resorting to violence to deal with the provinces' problems, Arredondo was for ten years the most powerful official in northeastern New Spain. Folsom's lively account shows the challenges of governing a vast and inhospitable region and provides insight into nineteenth-century military tactics and Spanish viceregal realpolitik. When Arredondo and his army - which included Arredondo's protege, future president of Mexico Antonio Lopez de Santa Anna - arrived in Nuevo Santander in 1811, they quickly suppressed a revolutionary upheaval. Arredondo went on to expel an army of revolutionaries and invaders from the United States who had taken over Texas and declared it an independent republic. In the Battle of Medina, the bloodiest battle ever fought in Texas, he crushed the insurgents and followed his victory with a purge that reduced Texas's population by half. Over the following eight years, Arredondo faced fresh challenges to Spanish sovereignty ranging from Comanche and Apache raids to continued American incursion. In response, Arredondo ignored his superiors and ordered his soldiers to terrorize those who disagreed with him. Arredondo's actions had dramatic repercussions in Texas, Mexico, and the United States. His decision to allow Moses Austin to colonize Texas with Americans would culminate in the defeat of Santa Anna in 1836, but not before Santa Anna had made good use of the lessons in brutality he had learned so well from his mentor.
Through a life that spanned every decade of the twentieth century, Supreme Court advocate Bessie Margolin shaped modern American labor policy while creating a place for female lawyers in the nation's highest courts. Despite her beginnings in an orphanage and her rare position as a southern, Jewish woman pursuing a legal profession, Margolin became an important and influential Supreme Court advocate. In this comprehensive biography, Marlene Trestman reveals the forces that propelled and the obstacles that impeded Margolin's remarkable journey, illuminating the life of this trailblazing woman. Raised in the Jewish Orphans' Home in New Orleans, Margolin received an extraordinary education at the Isidore Newman Manual Training School. Both institutions stressed that good citizenship, hard work, and respect for authority could help people achieve economic security and improve their social status. Adopting these values, Margolin used her intellect and ambition, along with her femininity and considerable southern charm, to win the respect of her classmates, colleagues, bosses, and judges - almost all of whom were men. In her career she worked with some of the most brilliant legal professionals in America. A graduate of Tulane and Yale Law Schools, Margolin launched her career in the early 1930s, when only 2 percent of America's attorneys were female, and far fewer were Jewish and from the South. According to Trestman, Margolin worked hard to be treated as ""one of the boys."" For the sake of her career, she eschewed marriage - but not romance - and valued collegial relationships, never shying from a late-night brief-writing session or a poker game. But her personal relationships never eclipsed her numerous professional accomplishments, among them defending the constitutionality of the New Deal's Tennessee Valley Authority, drafting rules establishing the American military tribunals for Nazi war crimes in Nuremberg, and, on behalf of the Labor Department, shepherding through the courts the child labor, minimum wage, and overtime protections of the Fair labor Standards Act of 1938. A founding member of that National organisation for Women, Margolin culminated her government service as a champion of the Equal Pay Act, arguing and winning the first appeals. Margolin's passion for her work and focus on meticulous preparation resulted in an outstanding record in appellate advocacy, both in number of cases and rate of success. By prevailing in 21 of her 24 Supreme Court arguments Margolin shares the elite company of only a few dozen women and men who attained such high standing as Supreme Court advocates.
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.
Maria Isabel Medina's chronicle of Loyola University New Orleans College of Law examines the prominent Jesuit institution across its hundred-year history, from its founding in 1914 through the first decade of the twenty-first century. With a mission to make the legal profession attainable to Catholics, and other working-class persons, Loyola's law school endured the hardships of two world wars, the Great Depression, the tumult of the civil rights era, and the aftermath of Hurricane Katrina to emerge as a leader in legal education in the state. Exploring the history of the college within a larger examination of the legal profession in New Orleans and throughout Louisiana, Medina provides details on Loyola's practical and egalitarian approach to education. As a result of the school's principled focus, Loyola was the first law school in the state to offer a law school clinic, develop a comprehensive program of legal-skills training, and to voluntarily integrate African Americans into the student body. The transformative milestones of Loyola University New Orleans College of Law parallel pivotal points in the history of the Crescent City, demonstrating how local culture and environment can contribute to the longevity of an academic institution and making Loyola University New Orleans College of Law a valuable contribution to the study of legal education.
Antonin Scalia was one of the most important, outspoken, and controversial Justices in the past century. His endorsements of originalism, which requires deciding cases as they would have been decided in 1789, and textualism, which limits judges in what they could consider in interpreting text, caused major changes in the way the Supreme Court decides cases. He was a leader in opposing abortion, the right to die, affirmative action, and mandated equality for gays and lesbians, and was for virtually untrammelled gun rights, political expenditures, and the imposition of the death penalty. However, he usually followed where his doctrine would take him, leading him to write many liberal opinions. A close friend of Scalia, David Dorsen explains the flawed judicial philosophy of one of the most important Supreme Court Justices of the past century.
The courtroom has been a dramatic setting for larger-than-life figures throughout history, but few have attained the almost mythical status of Clarence Darrow. A legend in his own time, "Variety" called him "America's greatest one-man stage draw." Here was a man whose flair for showmanship went hand in hand with a fierce intellect; a man whose shaky moral compass and staggering conceit collided at all turns with an unrivaled eloquence and an overwhelming compassion for humanity.
Darrow had been one of the most revered lawyers in the country, but in 1924 his reputation was still clouded after a narrow escape from a charge of jury tampering in Los Angeles. At the age of sixty-seven he thought his life and career were almost over, until he was offered an impossible assignment--the defense of the teenage "thrill killers" Nathan Leopold and Richard Loeb. Darrow then went on to earn even more international acclaim in two other groundbreaking cases: a classic standoff against William Jennings Bryan in the Scopes Monkey Trial in Tennessee, and the Ossian Sweet murder trial in Detroit. Throughout two crammed and dizzying years, this lion of the court held the Western world in awe as he tackled these three starkly different, history-making cases, each in turn dubbed "the Trial of the Century."
But these trials, as important as they were to Darrow, were not the only events that helped rejuvenate him and seal his courtroom legacy. There was also his enduring relationship with Mary Field Parton, his lover and soul mate, a woman whose role toward the end of his career was larger than many have realized. With fascinating new research and discoveries, including her private journals and letters, "The Last Trials of Clarence Darrow" is an intimate and riveting depiction of this American icon, one of the greatest lawyers this country has ever seen.
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 bar exam. Emanuel Confidential for the MBE features: Written by Steven Emanuel, author of Law in a Flash flashcards, CrunchTime and Emanuel Law Outlines Organized in outline form for quick reference Step-by-step analysis of each of the six subject areas on the Multistate Bar Exam Illustrative examples to clearly demonstrate complex issues of law Test-taking hints for specific areas of law Portable book design for on the go studying Part of the Emanuel Bar Review series, which resulted in pass rates* 10% higher than average in major markets. * Based on passage rates of students who used Emanuel Bar Review materials in California and New York for Bar Exams in 2008 and 2009 .
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