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Judicial Clerkships: Legal Methods in Motion can be the main text for any type of "clerking" course and also serve as a desk reference for judicial clerks and interns! Judicial Clerkships: Legal Methods in Motion teaches a combination of analytical and practical skills. With its three part focus, the book: • 1. Provides an introduction to clerking in both the trial and appellate courts; • 2. Explores clerking for an appellate court, including lessons in thinking and writing for these courts; and • 3. Offers a complete complete discussion of the analytical and drafting skills necessary for trial court judicial clerks. Judicial Clerkships: Legal Methods in Motion also is unique in that it: • Instructs students in drafting appellate opinions, both majority and minority, as well as trial court orders, judgments, and findings of fact and conclusions of law. • Helps students to examine fundamental concepts like scope of review, stare decisis, and the spectrum of law and fact. It provides the depth necessary for working with these concepts in a clerkship or internship; • Provides lessons and exercises in "clerking" or editing draft opinions; and • Offers concrete writing tips, based on actual appellate court opinions and trial court orders.
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.
Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.
For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.
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:
Legal Method and Writing, Ninth Edition