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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.
Teachers of literature make judgments about value. They tell their students which works are powerful, beautiful, surprising, strange, or insightful—and thus, which are more worthy of time and attention than others. Yet the field of literary studies has largely disavowed judgments of artistic value on the grounds that they are inevitably rooted in prejudice or entangled in problems of social status. For several decades now, professors have called their work value-neutral, simply a means for students to gain cultural, political, or historical knowledge. ?Michael W. Clune’s provocative book challenges these objections to judgment and offers a positive account of literary studies as an institution of aesthetic education. It is impossible, Clune argues, to separate judgments about literary value from the practices of interpretation and analysis that constitute any viable model of literary expertise. Clune envisions a progressive politics freed from the strictures of dogmatic equality and enlivened by education in aesthetic judgment, transcending consumer culture and market preferences. Drawing on psychological and philosophical theories of knowledge and perception, Clune advocates for the cultivation of what John Keats called “negative capability,” the capacity to place existing criteria in doubt and to discover new concepts and new values in artworks. Moving from theory to practice, Clune takes up works by Keats, Emily Dickinson, Gwendolyn Brooks, Samuel Beckett, and Thomas Bernhard, showing how close reading—the profession’s traditional key skill—harnesses judgment to open new modes of perception.
This comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished, Motion Practice, Eighth Edition shows you both what is permissible and what is advisable in such aspects of motion practice as:
Since its original publication, Expert Political Judgment by New York Times bestselling author Philip Tetlock has established itself as a contemporary classic in the literature on evaluating expert opinion. Tetlock first discusses arguments about whether the world is too complex for people to find the tools to understand political phenomena, let alone predict the future. He evaluates predictions from experts in different fields, comparing them to predictions by well-informed laity or those based on simple extrapolation from current trends. He goes on to analyze which styles of thinking are more successful in forecasting. Classifying thinking styles using Isaiah Berlin's prototypes of the fox and the hedgehog, Tetlock contends that the fox--the thinker who knows many little things, draws from an eclectic array of traditions, and is better able to improvise in response to changing events--is more successful in predicting the future than the hedgehog, who knows one big thing, toils devotedly within one tradition, and imposes formulaic solutions on ill-defined problems. He notes a perversely inverse relationship between the best scientific indicators of good judgement and the qualities that the media most prizes in pundits--the single-minded determination required to prevail in ideological combat. Clearly written and impeccably researched, the book fills a huge void in the literature on evaluating expert opinion. It will appeal across many academic disciplines as well as to corporations seeking to develop standards for judging expert decision-making. Now with a new preface in which Tetlock discusses the latest research in the field, the book explores what constitutes good judgment in predicting future events and looks at why experts are often wrong in their forecasts.
King and Kitchener's new model of reflective judgment is designed to enhance both research and practice in the areas of critical thinking, intellectual development, and education. The authors examine key questions concerning reflective judgment: How do high school, college, and graduate students reason differently about ill-structured problems? Does students' reasoning improve with additional exposure to and involvement in higher education?
Each of the books that Hannah Arendt published in her lifetime was unique, and to this day each continues to provoke fresh thought and interpretations. This was never more true than for Eichmann in Jerusalem, her account of the trial of Adolf Eichmann, where she first used the phrase “the banality of evil.” Her consternation over how a man who was neither a monster nor a demon could nevertheless be an agent of the most extreme evil evoked derision, outrage, and misunderstanding. The firestorm of controversy prompted Arendt to readdress fundamental questions and concerns about the nature of evil and the making of moral choices. Responsibility and Judgment gathers together unpublished writings from the last decade of Arendt’s life, as she struggled to explicate the meaning of Eichmann in Jerusalem. At the heart of this book is a profound ethical investigation, “Some Questions of Moral Philosophy”; in it Arendt confronts the inadequacy of traditional moral “truths” as standards to judge what we are capable of doing, and she examines anew our ability to distinguish good from evil and right from wrong. We see how Arendt comes to understand that alongside the radical evil she had addressed in earlier analyses of totalitarianism, there exists a more pernicious evil, independent of political ideology, whose execution is limitless when the perpetrator feels no remorse and can forget his acts as soon as they are committed. Responsibility and Judgment is an essential work for understanding Arendt’s conception of morality; it is also an indispensable investigation into some of the most troubling and important issues of our time.