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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
"Critical thinking is the essential tool for ensuring that students fulfill their promise. But, in reality, critical thinking is still a luxury good, and students with the greatest potential are too often challenged the least. This bestselling book introduces a powerful but practical framework to close the critical thinking gap, gives teachers the tools and knowledge to teach critical thinking to all students, empowers students to tackle 21st-century problems, and teaches students how to compete in a rapidly changing global marketplace. Colin Seale, a teacher-turned-attorney-turned-education-innovator and founder of thinkLaw, uses his unique experience to introduce a wide variety of concrete instructional strategies and examples that teachers can use in all grade levels. Individual chapters address underachievement, the value of nuance, evidence-based reasoning, social-emotional learning, equitable education, and leveraging families to close the critical thinking gap. In addition to offering examples for Math, Science, ELA, and Social Studies, this timely, updated second edition adds a variety of new examples and applications for Physical Education, Fine Arts, Foreign Language, and Career and Technical Education"--
In this classic study, Alan Brudner investigates the basic structure of the common law of transactions. For decades, that structure has been the subject of intense debate between formalists, who say that transactional law is a private law for interacting parties, and functionalists, who say that it is a public law serving the collective ends of society. Against both camps, Brudner proposes a synthesis of formalism and functionalism in which private law is modified by a common good without being subservient to it. Drawing on Hegel's legal philosophy, the author exhibits this synthesis in each of transactional law's main divisions: property, contract, unjust enrichment, and tort. Each is a whole composed of private-law and public-law parts that complement each other, and the idea connecting the parts to each other is also latently present in each. Moreover, Brudner argues, a single narrative thread connects the divisions of transactional law to each other. Not a row of disconnected fields, transactional law is rather a story about the realization in law of the agent's claim to be a dignified end-master of its body, its acquisitions, and the shape of its life. Transactional law's divisions are stages in the progress toward that goal, each generating a potential developed by the next. Thus, contract law fulfils what is incompletely realized in property law, negligence law what is germinal in contract law, public insurance what is seminal in negligence law, and transactional law as a whole what is underdeveloped in public insurance. The end point is the limit of what a transactional law can contribute to a life sufficient for dignity. Reconfigured and expanded with a contribution by Jennifer Nadler, The Unity of the Common Law stands out among contemporary theories of private law in that it depicts private law as purposive without being instrumental and as autonomous without being emptily formal.
William Simon, a legal theorist with experience in practice, here argues that the profession's standard approach to questions of legal ethics is incoherent and implausible, insisting the critical weakness is the style of judgment.
Buy anew versionof this Connected Casebook and receiveaccessto theonline e-book,practice questionsfrom your favorite study aids, and anoutline toolon CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes – portability, meaningful feedback, and greater efficiency. Legal Reasoning and Legal Writing teaches students how to organize and incorporate a legal argument into strong and cogent writing for a variety of applications in legal practice. Because effective legal writing is predicated on sound legal reasoning, the authors treat both as integral parts of one process. Key Features: Comprehensive coverage of how to write an office memo, motion memo, and appellate brief—with additional chapters on oral argument, client letters, and professional email Exceptionally student-friendly treatment of how to organize a proof for a conclusion of law A thoughtful look at all aspects of legal reasoning, from rule-based analysis to the strategy of persuasion An accessible approach that focuses on the process of writing timely examples and exercises from legal practice A full complement of sample documents in the Appendices Additional materials and resources on the Companion Website. A timely revision that reflects current practice, the Eighth Edition presents: Expanded coverage of oral research reports and email correspondence New sample appellate briefs from a recent transgender rights case A fresh look at statutory construction and case analysis CasebookConnectfeatures: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions fromExamples & Explanations,Emanuel Law Outlines,Emanuel Law in a Flashflashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.
A valuable compilation, this volume contains Holmes' most famous speeches and papers from 1885 to 1918. Its publication in 1920 was an important event in the legal community, and it was reviewed with great enthusiasm in the major journals and law reviews. Roscoe Pound offered the finest assessment in "Judge Holmes's Contributions to the Science of Law," an essay-review from 1921 that analyzed the place of these writings in the development of American law from the 1880s to the 1920: "Rereading them consecutively in their new form and remembering the dates of their original publication, one can but see that their author has done more than lead American juristic thought of the present generation. Above all others he has shaped the methods and ideas that are characteristic of the present as distinguished from the immediate past." Harvard Law Review 34 (1920-1921):449. ". . . Collected Legal Essays is a good vertical section of the mind of that judge who beyond any other of his generation has impressed his ideas on the structure and course of the law."- Learned Hand. Oliver Wendell Holmes, Jr. [1841-1935] served as Chief Justice of the Supreme Court of the United States from 1902 to 1932. Known as "The Great Dissenter" on the Court because of the brilliant legal reasoning found in his written opinions, he often differed in opinion from Theodore Roosevelt, who had appointed him to the bench. As a young man he attended Harvard College, served in the American Civil War among the "Harvard Regiment" and was seriously wounded. After the war he attended, and later taught at Harvard Law School before his appointment to the Supreme Judicial Court of Massachusetts. Well known for his legal philosophy espoused here and in The Common Law, Holmes proposed that the law was not a science founded on abstract universal principles but a body of practices that responded to particular situations. CONTENTS Early English Equity, 1885 The Law. Speech, 1885 The Profession of the Law. Part of an Address, 1886 On Receiving the Degree of LL.D. Speech, 1886 The Use of Law Schools. Oration, 1886 Agency, 1891 Privilege, Malice and Intent, 1894 Learning and Science. Speech, 1895 Executors, 1895 The Bar as a Profession, 1896 Speech at Brown University, 1897 The Path of the Law, 1897 Legal Interpretation, 1899 Law in Science and Science in Law. Address, 1889 Speech at Bar Association Dinner, 1900 Montesquieu, 1900 John Marshall. From the Bench, February 4, 1901 Address at Northwestern University Law School, 1902 Economic Elements, 1904 Maitland, 1907 Holdsworth's English Law, 1909 Law and the Court. Speech, 1913 Introduction to Continental Legal Historical Series, 1913 Ideals and Doubts, 1915 Bracton, 1915 Natural Law, 1918