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Today’s justice system and the legal profession have rendered the “lawyer-warrior” notion outdated, shifting toward conflict resolution rather than protracted litigation. The new lawyer’s skills go beyond court battles to encompass negotiation, mediation, collaborative practice, and restorative justice. In The New Lawyer, Julie Macfarlane explores the evolving role of practitioners, articulating legal and ethical complexities in a variety of contexts. The result is a thought-provoking exploration of the increasing impact of alternative strategies on the lawyer-client relationship, as well as on the legal system itself.
With a new foreword by Willie Nelson "An exquisitely written American saga." --Sarah Smarsh The "remarkably well told and heartfelt" (John Grisham) story of a young lawyer's impossible legal battle to stop the federal government from foreclosing on thousands of family farmers. In the early 1980s, farmers were suffering through the worst economic crisis to hit rural America since the Great Depression. Land prices were down, operating costs and interest rates were up, and severe weather devastated crops. Instead of receiving assistance from the government as they had in the 1930s, these hardworking family farmers were threatened with foreclosure by the very agency that Franklin Delano Roosevelt created to help them. Desperate, they called Sarah Vogel in North Dakota. Sarah, a young lawyer and single mother, listened to farmers who were on the verge of losing everything and, inspired by the politicians who had helped farmers in the '30s, she naively built a solo practice of clients who couldn't afford to pay her. Sarah began drowning in debt and soon her own home was facing foreclosure. In a David and Goliath legal battle reminiscent of A Civil Action or Erin Brockovich, Sarah brought a national class action lawsuit, which pitted her against the Reagan administration's Department of Justice, in her fight for family farmers' Constitutional rights. It was her first case. A courageous American story about justice and holding the powerful to account, The Farmer's Lawyer shows how the farm economy we all depend on for our daily bread almost fell apart due to the willful neglect of those charged to protect it, and what we can learn from Sarah's battle as a similar calamity looms large on our horizon once again.
One of the most pressing issues in contemporary China is the massive rural land takings that have taken place at a scale unprecedented in human history. Expropriation of land has dispossessed and displaced millions for several decades, despite the protection of property rights in the Chinese constitution. Combining meticulous doctrinal analysis with in-depth historical investigation, Chun Peng tracks the origin and evolution of China's rural land takings law over the twentieth century and demonstrates an enduring tradition of land takings for state-led social transformation, under which the takings law is designed to be power-confirming. With changed socio-political circumstances and a new rights-respecting constitutional agenda, a rebalance of the law is now underway, but only within existing parameters. Peng provides a piercing analysis of how land has been used by the largest developing country in the world to develop itself, at what costs and where the future might be.
These finely tempered reflections of a small city lawyer restate, in a graceful and informal manner, the true meaning of law and government to ordinary men. F. Lyman Windolph, for twenty-five years a prominent attorney in Lancaster, Pennsylvania, has handled almost every kind of legal case in his career, and through his close association with his clients he has gained an understanding of their lives and problems which, coupled with his wide legal knowledge, and alert sense of the social questions of the present, gives his essays a disarming and reassuring tone. Lawyers especially will enjoy his discussion of his experience with various cases and the more general topics of the value of the jury system, the difference between city and country trials, the ethics of defending guilty clients. But all will find the chapters on the meaning of democracy and liberalism and the indirect picture which the book gives of the day-by-day life in a small American community richly rewarding. In the last instance, two final essays—one on the Pennsylvania Dutch religious sects and "A Letter to My Father"—are particularly delightful. Several of the chapters have previously been published in the Atlantic Monthly and other magazines.
This introductory textbook provides an overview of the concepts necessary for an understanding of agricultural and agribusiness law. The text will help students of land-based industries with little or no legal background to appreciate and identify issues which may require referral or consultation with legal counsel. Each concise chapter addresses a different legal issue that those employed in agriculture and agribusiness may face, and both federal law and representative examples of state law are included. In addition to traditional topics such as contracts, property law and estate planning, the book also covers more contemporary issues such as organic certification, animal law, genetically engineered crops and food safety. Agricultural law extends beyond those directly engaged in farming to those in agribusiness who provide services and inputs to farmers, buy farmers’ products, store or transport products, manufacture food products, and serve as intermediaries between farmers and consumers. The book will therefore also serve as a reference and a guide for those employed in agribusiness as well as agriculture.
Two sociologists reveal how small towns in Middle America are exporting their most precious resource—young people—and share what can be done to save these dwindling communities In 2001, with funding from the MacArthur Foundation, sociologists Patrick J. Carr and Maria J. Kefalas moved to Iowa to understand the rural brain drain and the exodus of young people from America’s countryside. They met and followed working-class “stayers”; ambitious and college-bound “achievers”; “seekers,” who head off to war to see what the world beyond offers; and “returners,” who eventually circle back to their hometowns. What surprised them most was that adults in the community were playing a pivotal part in the town’s decline by pushing the best and brightest young people to leave. In a timely, new afterword, Carr and Kefalas address the question “so what can be done to save our communities?” They profile the efforts of dedicated community leaders actively resisting the hollowing out of Middle America. These individuals have creatively engaged small town youth—stayers and returners, seekers and achievers—and have implemented a variety of programs to combat the rural brain drain. These stories of civic engagement will certainly inspire and encourage readers struggling to defend their communities.
The Place of Practice is a unique collection that aims to support law students and early career lawyers considering a career in rural and regional communities. Through the lens of 'place', it canvasses the ways in which lawyering and legal practice differs in the rural and regional context, and the particular issues and barriers facing clients and rural and regional communities. By recognising the fundamental diversity of rural and regional communities and the important role that lawyers play in facilitating access to justice within them, The Place of Practice focuses on the key skills, knowledge, and tools of resilience and wellbeing needed to thrive in rural and regional legal practice.The Place of Practice draws together a diverse group of academics and legal practitioners who each bring a unique perspective on aspects of rural and regional legal practice. Contributions canvass a wide array of subjects including the practical and ethical settings of rural and regional legal practice, access to justice, entrepreneurship and innovation, distinct practitioner and client contexts (including working with Indigenous clients), professional and personal skills, accessing supervision and self-care. The Place of Practice is an ideal resource for students learning about rural and regional legal practice, early career lawyers considering working in a rural and regional practice, and practitioners who work with rural and regional communities.
How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.
This book analyzes the recent land tenure reform in Niger, and the eruptions of violence as a result of these measures. Through detailed analysis of these conflicts, this book elucidates the complex institutional structure of dispute management and the ambiguous nature of the rules pertaining to land rights. The book also shows how institutional and local competition over natural resources plays a part in the fights for jurisdiction in rural Nigeria.