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This book contains examples of effective and ineffective trial techniques that are seldom, if ever, taught in law schools. These examples are real, not hypothetical, and have been compiled from the author's experiences as: - A Navy JAG lawyer for three years; - A trial lawyer in practice for thirty years; and - A federal courtroom deputy for almost ten years. In this position, he was able to observe over eighty trials and contested hearings as a neutral observer and to discuss with jurors at the conclusion of trials to learn what they considered effective and ineffective trial techniques. MR. BRUESS graduated cum laude from both the University of Minnesota (1959) and the Indiana University School of Law (1963). From 1961-1962, he was a member of the Indiana Law Journal and was a Note Editor during the 1962-1963 school year. Upon graduation from law school, he was selected for membership in the Order of the Coif. Following the completion of Officer Candidate School, Mr. Bruess served as a legal officer with the Judge Advocate General Corps of the United States Navy from 1964-1967. From 1967-1997, Mr. Bruess was a trial lawyer with Barnes & Thornburg in Indianapolis, Indiana. From 1999-2008, he served as a courtroom deputy for the Honorable David F. Hamilton of the United States District Court for the Southern District of Indiana.
The Anxious Lawyer provides a straightforward 8-week introductory program on meditation and mindfulness, created by lawyers for lawyers. The program draws on examples from Cho and Gifford's professional and personal lives to create an accessible and enjoyable entry into practices that can reduce anxiety, improve focus and clarity, and enrich the quality of life.
In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
"Reading this book would profit any advocate of any experience level. Judicious application of the advice contained in the book will make anyone a better advocate."-- Bob Dekle, Legal Skills Professor, University of Florida, and retired assistant state attorney.
One L, Scott Turow's journal of his first year at law school and a best-seller when it was first published in 1977, has gone on to become a virtual bible for prospective law students. Not only does it introduce with remarkable clarity the ideas and issues that are the stuff of legal education; it brings alive the anxiety and competiveness--with others and, even more, with oneself--that set the tone in this crucible of character building. Each September, a new crop of students enter Harvard Law School to begin an intense, often grueling, sometimes harrowing year of introduction to the law. Turow's group of One Ls are fresh, bright, ambitious, and more than a little daunting. Even more impressive are the faculty. Will the One Ls survive? Will they excel? Will they make the Law Review, the outward and visible sign of success in this ultra-conservative microcosm? With remarkable insight into both his fellows and himself, Turow leads us through the ups and downs, the small triumphs and tragedies of the year, in an absorbing and thought-provoking narrative that teaches the reader not only about law school and the law but about the human beings who make them what they are. In the new afterword for this edition of One L, the author looks back on law school from the perspective of ten years' work as a lawyer and offers some suggestions for reforming legal education.
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.
"Things I Didnt Learn in Medical School is a memoir and philosophical work based on the authors 45 years of practicing medicine. He discusses subjects not usually covered or emphasized in medical training with the goal of providing students and practitioners in the healthcare professions with practical advice on issues of morality, compassion, politics, and health. His experiences form the basis of his counsel, and he provides the reader with numerous stories to underline his points. Written in a relaxed tone, the book contains plenty of humor, common sense, and strong opinions.
Acknowledged as the outstanding business leader of the late twentieth century, Jack Welch made General Electric one of the world's most competitive companies. This dynamic CEO defined the standard for organizational change, creating more than $400 billion in shareholder value by transforming a bureaucratic behemoth into a nimble, scrappy winner in the global marketplace. Here, Tichy and Sherman extract the enduring leadership lessons from the revolution Welch wrought at GE. Of these, the most essential is the limitless power of learning. Leadership has its mysteries, but it is a skill that anyone can acquire and enhance. Above all, great leaders select great people and lure them into an endless process of learning and adaptation. Jack Welch's Six Rules Control your destiny or someone else will. Face reality as it is, not as it was, or as you wish it were. Be candid with everyone. Don't manage, lead. Change before you have to. If you don't have a competitive advantage, don't compete.
Includes bibliographical references and index.