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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.
'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.
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.
I loved this book. It made my heart sing. Written by a woman in the law with compassion, wit and legal know-how, these true life courtroom stories tell it like it is. - Helena Kennedy QC 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.
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.
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. Features of Excelling in Law School: A unique book written by a recent law school graduate with a stunning success story Goes beyond the basics of surviving law school earning high grades excelling in extracurricular activities publishing landing top jobs Helps students excel shows how to work smart relieves some anxiety about law school conveys proven strategies Designed for today's tech-savvy law student Showcases the study-aid market and effective use new technologies websites that distribute outlines companies that provide MP3s of detailed lectures on first year courses student-maintained outline banks recorded lectures professor podcasts PowerPoint slides Reveals effective, specific skills and unique approaches law reviews scholarships job-hunting Outlines available resources Illustrates the author's personal success, one that can be tailored for any law school student how the author personally aced each area strategies and tactics observed in use by other students how to select the strategy and resources that best fit the reader's personality
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.
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.
"This is an adoring photo history that wonderfully shows Ginsburg in her private life as well as public."--Publishers Weekly On the 25th anniversary of her appointment to the Supreme Court, this unofficial pictorial retrospective celebrates and honors the barrier-breaking achievements of Ruth Bader Ginsburg--the "Notorious RBG." Featuring a foreword by Mimi Leder, award-winning filmmaker and director of the upcoming major motion picture about RBG, On the Basis of Sex, starring Felicity Jones, Armie Hammer, Kathy Bates, Justin Theroux, and Sam Waterston (set to release on Christmas Day, 2018). Not only does Ruth Bader Ginsburg possess one of the greatest legal minds of our time, she has become an admired pop culture icon. In 2018, Ginsburg celebrates her 25th anniversary as a justice of the Supreme Court. With 130 photographs, inspiring quotes, highlights from notable speeches and judicial opinions, and insightful commentary--plus a foreword by Mimi Leder--this gorgeously illustrated book pays tribute to RBG, whose work on behalf of gender equality, and whose unprecedented career itself, indelibly changed American society. The Unstoppable Ruth Bader Ginsburg covers her formative years growing up in Brooklyn; her time at Cornell University and at Harvard and Columbia Law Schools; her marriage and partnership with husband, Marty; her landmark cases; and the prejudice she overcame to reach the pinnacle of her field as the second woman to ascend to the country's highest court. It also highlights the many "firsts" she achieved--including her becoming the first female tenured professor at Columbia Law School and cofounding the first Women's Rights Project for the ACLU--while becoming a true American icon and pop culture sensation celebrated in the award-winning documentary RBG and the 2018 feature film about her origins, On the Basis of Sex.
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.
This thoroughly revised edition of a modern social work classic textbook from a leading international author, offers a clear and systematic account of professional ethics in relation to social work practice, framed within a global context, and combines a sound grasp of theoretical issues with a sharp focus on the latest policy and practice. Ethics and Values in Social Work successfully synthesises the complex ideas and concepts that characterise social work's value base. Written with Banks' trademark accessibility and theoretical rigour, this book will continue to be an invaluable resource for all students, educators and practitioners of social work.
The question of what constitutes norms for global justice is of considerable concern for all those interested in world peace and cooperation. In order to define these global norms, Jean-Marc Coicaud, while working at the United Nations University, initiated a project centered around conversations with leading theorists and policy practitioners in global affairs. Conversations on Justice from National, International, and Global Perspectives features world-class authors and activists, from around the world, and from a variety of disciplines, to discuss the central questions of justice at the national, international, and global levels. Made up of a compilation of dialogues, this volume's unique format makes it highly accessible and even fun to read. The insights and observations of these leading intellectuals and scholars provide a rich contribution to theories on how global justice might become a reality.
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 .
Ruth Bader Ginsburg became a Supreme Court Justice in 1993, but her popularity has exploded over the last couple of years as she has been adopted as a modern feminist icon. An octogenarian and New York native who has proven that disagreeing does not make one disagreeable, Ginsburg is well-known for her pithy observations as well as her strongly argued dissents. Beloved by many - including her ideological opposition, former Supreme Court Justice Antonin Scalia, who was her dear friend - Ginsburg's wisdom has never been more relevant or more important to American democracy.
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.
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