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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.
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.
'GRIPPING' - The Times How can you speak up for someone accused of a savage murder? Or sway a jury? Or get a judge to drop a case? In this memoir, murder case lawyer William Clegg revisits his most intriguing trials, from the acquittal of Colin Stagg to the shooting of Jill Dando, to the man given life because of an earprint. All the while he lays bare the secrets of his profession, from the rivalry among barristers to the nervous moments before a verdict comes back, and how our right to a fair trial is now at risk. Under the Wig is for anyone who wants to know the reality of a murder trial. It has been praised as "gripping" by The Times, "riveting" by the Sunday Express and "fascinating" by the Secret Barrister, who described the author as "one of our country's greatest jury advocates." Several prominent barristers, including Matthew Scott and Bob Marshall-Andrews QC, have said Under the Wig is a "must read" for anyone with an interest in the criminal law. Switch off the TV dramas and see real criminal law in action. Well-known cases featured: The Murder of Rachel Nickell on Wimbledon Common The Chillenden Murders (Dr Lin and Megan Russell) The Trial of Private Lee Clegg The Murder of Jill Dando The first Nazi war crimes prosecution in the UK The Murder of Joanna Yeates The Rebekah Brooks Phone Hacking Trial REVIEWS 'This is a gripping memoir from one of our country's greatest jury advocates, offering a fascinating, no-holds-barred tour behind the scenes of some of the most famous criminal cases of modern times.' - The Secret Barrister 'Countless veteran lawyers have produced page-tuners based in the fictional world of law, but in Under the Wig William Clegg, QC, has distilled his extraordinary life in the criminal courtroom into a yarn equally as gripping.' - The Times 'One of England's best barristers provides a fascinating sometimes hilarious combination of a personal odyssey and insider accounts of the most important and famous court cases of recent times. 'From the infamous case of Colin Stagg and the Wimbledon Murders to war crimes in Belarus and Bosnia and the Murdoch phone hacking trials we share and applaud the author's deep commitment to justice and his infectious enthusiasm for one of the world's greatest professions. An absolute must read for anyone who aspires to join it (and anyone who already has.)' - Bob Marshall-Andrews QC 'Bill Clegg's memoir draws on some of the most high-profile criminal prosecutions of recent years to illuminate the career of a defence lawyer at the peak of his success. 'Deftly weaving personal reminiscences into the view from counsel's bench, he solves one high-profile murder case long before the police and ensures that justice is finally done in another after the tactics adopted by a better-known QC have led to a miscarriage of justice. 'Unlike many works of this genre, Clegg's case-book eschews endless exchanges with long-forgotten judges, lawyers and villains. Like the successful jury advocate that he is, Clegg reduces his story to its essence.' - Joshua Rozenberg 'A must read if you've got any interest in the criminal law.' - Matthew Scott, Barrister Blog 'Economically, simply and engagingly written... It is a must read for anyone with an interest in the law and justice, aspiring barristers and those with an interest in legal history.' - Catherine Baksi, Legal Hackette
____________________ SUNDAY TIMES BESTSELLER '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. With remarkable candour, Sarah describes eleven cases which reveal what goes on in our criminal and family courts: these are tales of domestic fall out, everyday burglary, sexual indiscretion, and children caught up in the law. They are sometimes shocking and they are often heart-stopping. She examines how she feels as she defends the person standing in the dock. She also shows us how our attitudes and actions can shape not only the outcome of a case, but the legal system itself.
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 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.
NEW YORK TIMES BESTSELLER Featured in the critically acclaimed documentary RBG "The authors make this unassuming, most studious woman come pulsing to life. . . . Notorious RBG may be a playful project, but it asks to be read seriously. . . . That I responded so personally to it is a testimony to [its] storytelling and panache."- Jennifer Senior, New York Times Supreme Court Justice Ruth Bader Ginsburg never asked for fame-she has only tried to make the world a little better and a little freer. But nearly a half-century into her career, something funny happened to the octogenarian: she won the internet. Across America, people who weren't even born when Ginsburg first made her name as a feminist pioneer are tattooing themselves with her face, setting her famously searing dissents to music, and making viral videos in tribute. Notorious RBG, inspired by the Tumblr that amused the Justice herself and brought to you by its founder and an award-winning feminist journalist, is more than just a love letter. It draws on intimate access to Ginsburg's family members, close friends, colleagues, and clerks, as well an interview with the Justice herself. An original hybrid of reported narrative, annotated dissents, rare archival photos and documents, and illustrations, the book tells a never-before-told story of an unusual and transformative woman who transcends generational divides. As the country struggles with the unfinished business of gender equality and civil rights, Ginsburg stands as a testament to how far we can come with a little chutzpah.
Comprehensive yet easy to understand, the third edition of LEGAL RESEARCH, ANALYSIS, AND WRITING teaches the fundamentals in a hands-on, step-by-step format that is designed to build confidence. With coverage of key topics such as research analytical principles, legal research, legal analysis, and legal writing, this popular book covers the information readers need to know in order to find, access, apply, and analyze legal materials. Numerous hypotheticals, examples, and exercises clarify material and give readers additional opportunities for practice. In addition, the third edition includes the most up-to-date information in the field, with special attention given to electronic research programs such as WestlawNext, LexisNexis interface, Shepard's online, and Westlaw's KeyCite.
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 .
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.
In the face of corporate bullies, one lawyer's passion and persistence paid off. Bullied as a Jewish kid in the hardscrabble neighborhoods of Chicago, Mike Burg had to learn how to fight at a young age. As an adult who started his own law firm from scratch that fire--and understanding of the underdog--still burns and makes him one of America's top trial lawyers fighting for consumers' rights. In Trial by Fire: One Man's Battle to End Corporate Greed and Save Lives, read about Burg's unwavering personal constitution to stand up for the weary, the weak, and the downtrodden at all costs. Follow the justice as he takes on a negligent gas company and wins not only financial settlement for victims but dramatic changes to a city's pipelines to save thousands of lives. Cheer him on as he leads hundreds of individuals against companies shilling drugs such as Fen-Phen, Yaz, Zyprexa, and Pradaxa. Empathize with him as he fights an eight-year battle against UBS Warburg for knowingly selling risky mortgages to investors before collecting compensation. Root him on as he files a sweeping action against 28 California wineries to force them to stop selling toxic wine contaminated with arsenic. Representing everyone from the Little Rascals to Ralph Tamm in the first NFL steroid case, Burg has lived a thousand lives. Trial by Fire shows that, like with every victory in the courtroom, he doubles down for the next adventure. Performing stand-up comedy alongside Roseanne Barr, golfing with Michael Jordan, and attending President George W. Bush's inauguration with President Bush's father, Burg has a story to tell. His undeniably explosive personality and inspiring tale--complete with theatrics, eccentricities, excitement, humor, and maybe just a hint of craziness--will make you laugh, leave you in disbelief, and, most of all, inspire you.
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.
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.
Since first appearing in 2002, Bryan Garner's The Redbook: A Manual on Legal Style has established itself as the go-to source for all questions of legal style (apart from citation form). The book isn't just one talented man's effort: Garner has two experienced coauthors plus a hands-on team of 54 editorial advisers, most of whom have long and valuable experience teaching LRW. The book is a one-of-a-kind resource - the legal writer's equivalent of The AP Stylebook or The Chicago Manual of Style. The brand-new fourth edition has lots of new material, including an especially helpful new chapter on handling quotations. The two exhaustive indexes (word and subject), plus the detailed table of contents, make it easy to find authoritative guidance within seconds, whatever the question might be. The author, Bryan Garner, is now the most frequently cited author in opinions of the U.S. Supreme Court. It's true: last term, four of his books were cited a total of 14 times (in the somewhat fewer than 90 cases decided). This term the count is on a similar pace. In American appellate decisions generally, Garner is at the top end of sources relied on.
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.
In 1996, an unprecedented decade-long courtroom battle was waged in Florida to help bring justice and hope to the family of a young boy born with no eyes after his mother was doused outside of a local u-pick farm by a chemical fungicide believed to have caused his birth defect and the birth defects of many other children. It was a battle that nearly everyone but attorney Jim Ferraro deemed unwinnable. After all, it involved one of the world's most powerful industrial giants. In the process, it was a fight that changed the landscape of tort law forever. Before it was over Castillo-vs-DuPont would go down in history as the first and one of the most important cases of its kind, setting precedent and also sparking a crucial debate over the questionable use of what is known as the "junk-science defense." Blindsided is a real life David and Goliath story-a true courtroom drama for the ages.
THE SUNDAY TIMES BESTSELLER Winner of the Books are My Bag Non-Fiction Award Shortlisted for Waterstones Book of the Year Shortlisted for Specsavers Non-Fiction Book of the Year '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.
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.
Master the hands-on skills you'll need to succeed in a modern law office with INTRODUCTION TO PARALEGALISM, 8e. Ten critical skills are covered in the book: identifying legal issues, breaking rules into elements,applying rules to facts interviewing clients, investigating facts, digesting discovery documents, providing litigation assistance, researching the law, drafting documents, and representing clients at administrative agencies where authorized by law.Packed with real-life insights and real-world examples,the text helps you understand the ethical guidelines that lawyers and paralegals must follow and covers the efforts underway to regulate the profession in legislatures, courts, bar associations, and paralegal associations.
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