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The Art of Law Teaching (SpringerBriefs in Law)
by Lutz-Christian WolffWritten by an award-winning professor with over 25 years of experience, this book explains comprehensively the different facets of law teaching from the law teacher’s perspective. It uniquely covers numerous topics which have been ignored by the legal education literature so far, but which are of immense importance for the success of law students, law schools and—last but not least—the day-to-day work of law teachers themselves. These topics include the goals of law teaching, the factors that lead to successful law teaching, special characteristics of good law teachers, different ways of preparing for in-class success, face-to-face versus online teaching, the in-class teaching experience, assessments, teaching evaluations, the design of new courses and programmes, the teacher–student and the teacher–teacher relationship, the importance of teaching administration as well as the future of law teaching in the digital age. The author approaches various themes from the viewpoint of his own experience. He tells his very personal stories of classroom success and failure, of enthusiasm, fun and disappointments when dealing with law students, of accomplishments and frustrations when considering learning outcomes and of surprises when dealing with red tape. He thus allows the readership to grasp different aspects of law teaching in a very hands-own way and facilitates the understanding of the underlying often rather complex human-to-human relationships. This book should be in the bookshelf of any law teacher. As it covers a wide spectrum of so far unexplored legal education issues, it is also an invaluable source at the start of a law teaching career, but also for established law teachers who wish to reflect on their own teaching approaches. A rich body of cross-references to the existing literature makes the book a powerful tool for research on any aspect of legal education. Last but not least, the author’s ironic sense of himself and of the law teacher profession makes the book a very entertaining read for anybody who always wanted to know what law teaching really is (and is not) about.
The Art of Legal Problem Solving: A Criminal Law Approach
by Brendon MurphyThe Art of Legal Problem Solving: A Criminal Law Approach is a sophisticated skills book designed to help students develop the problem-solving techniques necessary for their legal careers. This succinct yet comprehensive book provides the perfect mix of general instruction and specific examples to encourage students to think about problems both in depth and broadly. It follows a clear roadmap presented in a logical progression, beginning with the fundamentals, fact finding and statutory interpretation before turning to the advanced areas of analysing and writing answers to problem questions. While written primarily for criminal law students, the skills imparted are generic and can be applied equally in any area of the law and in any jurisdiction. The Art of Legal Problem Solving is an indispensable work for law students who want to not only improve their problem-solving skills but master them.
The Art of Legislating (Legisprudence Library #6)
by Virgilio Zapatero GómezAny contemporary state presents itself as committed to the “rule of law”, and this notion is perhaps the most powerful political ideal within the current global discourse on legal and political institutions. Despite being a contested concept, the rule of law is generally recognised as meaning that government is bound in all its actions by fixed and public rules, and that these rules respect certain formal requirements and are enforced by an independent judiciary. This book focuses on formal legality and the question of how to achieve good laws—a topic that was famously addressed by the 18th century enlightened thinkers, but also by prominent legal scholars of our time. Historically, the canon of “good legislation” demanded generality, publicity and accessibility, and comprehensibility of laws; non-retroactivity; consistency; the possibility of complying with legal obligations and prohibitions; stability; and congruency between enacted laws and their application. All these are valuable ideals that should not be abandoned in today’s legal systems, particularly in view of the silent revolution that is transforming our legality-based “states of law” into jurisdictional states. Such ideals are still worth pursuing for those who believe in representative democracy, in the rule of law and in the dignity of legislation. The idea for the book stemmed from the author’s parliamentary and governmental experience; he was responsible for the Government of Spain’s legislative co-ordination from 1982 to 1993, which were years of intensive legislative production. The more than five hundred laws (and thousands of decrees) elaborated in this period profoundly changed all sectors of the legal order inherited from Franco’s dictatorship, and laid the foundations of a new social and democratic system. For an academic, this was an exciting experience, which offered a unique opportunity to put the theory of legislation to the test. Reflecting and elaborating on this experience, the book not only increases scholarly awareness of how laws are made, but above all, improves the quality of legislation and as a result the rule of law.
The Art of Living: The Classical Mannual on Virtue, Happiness, and Effectiveness (Plus Ser.)
by EpictetusEpictetus was born into slavery about A. D. 55 in the eastern outreaches of the Roman Empire. Sold as a child and crippled from the beatings of his master, Epictetus was eventually freed, rising from his humble roots to establish an influential school of Stoic philosophy. Stressing that human beings cannot control life, only how they respond to it, Epictetus dedicated his life to outlining the simple way to happiness, fulfillment, and tranquility. By putting into practice the ninety-three witty, wise, and razor-sharp instructions that make up The Art of Living, readers learn to successfully meet the challenges of everyday life and face life's inevitable losses and disappointments with grace. Epictetus's teachings rank among the greatest wisdom texts of human civilization. Sharon Lebell presents this esteemed philosopher's invaluable insights for the first time in a splendidly down-to-earth rendition. The result is the West's first and best primer for living the best possible life -- as helpful in the twenty-first century as it was in the first.
The Art of Post-Dictatorship: Ethics and Aesthetics in Transitional Argentina
by Vikki BellSince the end of the last dictatorship in 1983, Argentina’s visual artists and art-activists have been central to campaigns to demand the criminal prosecution of those initially granted amnesty and to a variety of commemorative projects. In The Art of Post-Dictatorship: Ethics and Aesthetics in Transitional Argentina Vikki Bell examines this involvement and intervention. She argues that the problematics that arise within the aesthetic realm cannot be understood solely through an art-historical approach; instead, they must be understood as a constitutive part of a broader collective endeavour. In this sense, the ‘art’ of post-dictatorship is not something that belongs to art or the artists themselves, but is about how the subjectivities and imaginations of new generations are constituted and entwined with questions of response, ethics and justice. It concerns how people align themselves between the past and the future. This book will be an invaluable resource for those studying the law, politics, art and sociology of contemporary Argentina as well as those concerned more widely with transitional justice and the politics of memory.
The Art Of Prosecution: Trial Advocacy Fundamentals From Case Preparation Through Summation
by John BugliosiLearn to solidify cases every step of the way, from the first swing of the judge's gavel to the last. Perfect for practicing prosecutors, law enforcement pros who provide the elements that help win cases and everyone in between. . . including law students! You'll get analyses of 5 top attributes of successful prosecutors - instruction for crafting compelling opening statements & jury-swaying summations - insider tips for selecting the right jury - advice for using questions with surgical precision to dissect testimony and reveal truth - plus case-winning witness prep instructions!
The Art of Science in the Canadian Justice System: A Reflection of My Experiences as an Expert Witness
by David Milward Charles FergusonPart autobiography, part thought piece, part references, the book takes an insightful look at the experience and cases of renowned paediatrician and forensic expert witness Dr. Charles Ferguson. The book presents the interaction of science and law as it applies, specifically, the Canadian courts, but the justice process as a whole. Dr. Ferguson’s experience—from a scientist and medical professional’s perspective—in dealing with lawyers, judges, and the process of testifying in numerous court—offers a unique glimpse into how the two worlds of science and law don’t always mesh. In some cases the evidence is compelling and definitive. In others, far from it. Ultimately, the book presents the important role of the forensic expert and expert witness as a vital and deciding factor as the courtroom proceedings play out. The cases presented in the book—cases Dr. Ferguson was personally involved with—are interesting, the conclusions and results arrived at by Dr. Ferguson are well thought out and backed by his scientific expertise. The results and conclusions arrived at by the courts is often expected, sometimes surprising—in specific cases even controversial. Throughout all, Dr. Ferguson casts an independent, and sometimes critical, eye on the process presenting a compelling argument and heartfelt recommendation for science, objectivity, and justice to be served based on truth—truth insofar as the "facts" of the cases presented through evidence and the testimony provided within the judicial process. A fascinating read for university students, experts and witnesses, lawyers and judges, and anyone involved in the forensic process in the trying of criminal and civil cases.
The Art of Strategic Listening: Finding Market Intelligence through Blogs and Other Social Media
by Robert BerkmanSocial media is the catch-all name for blogs, Web forums, YouTube, MySpace, FaceBook and the other internet-based sites where consumers converse and share content. All of this unsolicited and authentic discussion and opinion can be a great source of marketplace insight for companies. From paying close attention to consumer discussions on blogs and other social media, you can discover what new products or product features consumers would like to see, and stay alert to emerging trends in your industry that could create new opportunities for your company.Robert Berkman, an experienced information specialist with several books to his credit, gives detailed directions for specialized blog searches, setting up RSS feeds, and tracking buzz. He also provides detailed information about vendors who supply blog monitoring services and discusses the pros and cons of using vendors or doing it yourself.For marketers, public relations firms, strategic business analysts, and corporate planners, this book gives you everything you need to know to begin finding market intelligence in social media. You will learn to look for trends, distinguish a trend from a fad, and determine the credibility of the information you uncover. Moreover, Berkman provides you with tips on organizing all the information you find to help you sift through it, locate just the valuable and relevant content, and reduce information overload.
The Art of the Loophole: David Beckham's lawyer teaches you how to make the law work for you
by Nick FreemanCelebrity lawyer Mr Loophole. Nick Freeman is Britain`s highest profile lawyer. He has won cases for David Beckham and many other celebrities, and attracts more media attention than any other lawyer in the country. Not just for the rich and famous, you can use his lessons to make sure that the law works for you. Learn every trick in the book from the man who's defended the greats. Mr Loophole is famous for forming winning, quirky and innovative defences - even when a case appears indefensible. In the process, he has revolutionised the way in which law - particularly motoring law - is practised. In this book, Nick explains his unique approach to the law and in the process identifies his killer loophole principles
The Art of the Loophole: David Beckham's lawyer teaches you how to make the law work for you
by Nick FreemanCelebrity lawyer Mr Loophole. Nick Freeman is Britain`s highest profile lawyer. He has won cases for David Beckham and many other celebrities, and attracts more media attention than any other lawyer in the country. Not just for the rich and famous, you can use his lessons to make sure that the law works for you. Learn every trick in the book from the man who's defended the greats. Mr Loophole is famous for forming winning, quirky and innovative defences - even when a case appears indefensible. In the process, he has revolutionised the way in which law - particularly motoring law - is practised. In this book, Nick explains his unique approach to the law and in the process identifies his killer loophole principles
The Art of the Watchdog: Fighting Fraud, Waste, Abuse, and Corruption in Government (Excelsior Editions Series)
by Daniel L. Feldman David R. EichenthalDoes government fraud, waste, abuse, and corruption make your blood boil? In The Art of the Watchdog, Daniel L. Feldman and David R. Eichenthal show how to fight back. Based on their own work in federal, state, and local government over the last forty years, they will arm you with the tools and techniques needed to put the spotlight on those who cheat and steal from the public or who squander valuable taxpayer dollars through waste and inefficiency. At the same time, Feldman and Eichenthal outline what they see as the good and the bad of current oversight efforts based on case studies from across the nation. Ultimately their goal is to ensure that the "art of the watchdog" does not become a lost one and to improve the quality and integrity of government and strengthen democracy.
The Art of Thinking
by Dagobert D. RunesAn analytical examination of the role emotional elements play in the formulation of logical propositions. The widely known philosopher traces underlying motivations in precepts, concepts and attitudes of modern man. Motivated thinking infiltrates, often dominates, prevailing patterns of thought in social, religious, cultural and even scientific organizations.
The Art of Thinking
by Dagobert D. RunesThe philosopher and founder of the Philosophical Library explores the nature of human thought, motivation, and logic.In The Art of Thinking, philosopher Dagobert D. Runes lays out his views on the relationship between logic and emotion. He argues that the human thought process is essentially alike from one person to another—and that if it was not, society would cease to function. What accounts for our diversity of views, however, is the role emotion plays in our formulation of propositions. Runes analyzes the underlying emotional motivations in the precepts, concepts, and attitudes of modern man. As he demonstrates through this series of essays, motivated thinking infiltrates, and often dominates, prevailing patterns of thought in social, religious, cultural, and even scientific organizations.
The Art of Time: Levinas, Ethics, and the Contemporary Peninsular Novel
by Nina L MolinaroEthics, or the systematized set of inquiries and responses to the question “what should I do?” has infused the history of human narrative for more than two centuries. One of the foremost theorists of ethics during the twentieth century, Emmanuel Levinas (1906-1995) radicalized the discipline of philosophy by arguing that “the ethical” is the foundational moment for human subjectivity, and that human subjectivity underlies all of Western philosophy. Levinas’s voice is crucial to the resurging global attention to ethics because he grapples with the quintessential problem of alterity or “otherness,” which he conceptualizes as the articulation of, and prior responsibility to, difference in relation to the competing movement toward sameness. Academicians and journalists in Spain and abroad have recently fastened on an emerging cluster of peninsular writers who, they argue, pertain to a discernible literary generation, provisionally referred to as Generación X. These writers are distinct from their predecessors; they and their literary texts are closely related to the specific socio-political and historical circumstances in Spain; and their novels relate stories of more and less proximity, more and less responsibility, and more and less temporality. In short, they trace the temporal movement of alterity through narrative. Published by Bucknell University Press. Distributed worldwide by Rutgers University Press.
The Art of Trial Process: An Outline of Judicial Philosophy in China
by Kai YangThis book focuses on the reality of China’s modern judiciary, systematically demonstrating and discussing the judicial philosophy and judicial ethics as applied by Chinese courts and judges. In order to illustrate the methods of jurisprudence and sociology of law in the context of China’s judicial practice and practicability of applicable laws, it also addresses judicial methodology and Chinese judges' trial methods. Based on comparative study and aiming at global judicial reform, the book provides valuable guidance and insights for readers pursuing a detailed understanding of modern Chinese judiciary, Chinese judges and Chinese rule of law. The book is intended to primarily serve the need of legal professionals around the world, in particular those who are interested in China’s judicial system.
The Art of Worldly Wisdom
by Baltasar GracianThis perenially popular book of advice on how to achieve personal and professional success is valued for its timeless insights on how to make one's way in the world. Written in the seventeenth century by a Spanish Jesuit scholar, the teachings are strikingly modern in tone and address universal concerns such as friendship, morality, effective leadership, and how to manage one's emotions. The Art of Worldly Wisdom is for anyone seeking to combine ethical behavior with worldly success.This edition includes an introduction by Willis Barnstone, former Distinguished Professor of Spanish and Comparative Literature at Indiana University. Barnstone, a noted translator, critic, and poet, explores Gracian's background and places him within his historical and literary context. Like Sun Tzu's Art of War, Machiavelli's Prince, and Lao Tzu's Tao Te Ching, Gracian's Art of Worldly Wisdom is one of those rare books that serve as enlightening guides and companions for life.
The Art of Worldly Wisdom
by Baltasar GraciánLife guidance from a famed Renaissance man. This influential work of philosophy by one of the great thinkers of the Renaissance era advises people of all walks of life how to approach political, professional, and personal situations in a dog-eat-dog world. Comprised of three hundred pithy aphorisms, it offers thought-provoking and accessible advice. Some subjects include &“Never Compete,&” &“The Art of Letting Things Alone,&” and &“Anticipate Injuries and Turn Them into Favours.&” This ebook has been professionally proofread to ensure accuracy and readability on all devices.
The Art of Worldly Wisdom
by Joseph Jacobs Baltasar Gracián"Think with the few and speak with the many," "Friends are a second existence," and "Be able to forget" are among this volume's 300 thought-provoking maxims on politics, professional life, and personal development. Published in 1637, it was an instant success throughout Europe. The Jesuit author's timeless advice, focusing on honesty and kindness, remains ever popular. A perfect browsing book of mental and spiritual refreshment, it can be opened at random and appreciated either for a few moments or for an extended period.
Arthur H. Westing: Pioneer on the Environmental Impact of War (SpringerBriefs on Pioneers in Science and Practice #1)
by Arthur H. WestingSince the 1960s the environment has become an issue of increasing public concern in North America and elsewhere. Triggered by the Second Indochina War (Vietnam Conflict) of 1961-1975, and further encouraged by the International Conference on the Human Environment, held in Stockholm in 1972, the environmental impact of war emerged and grew as a topic of research in the natural and the social sciences. And in the late 1980s this led additionally to a focus and debate on environmental security. Arthur Westing, a forest ecologist, was a major pioneer contributing and framing both of those debates conceptually, theoretically, and empirically, starting with Harvest of Death: Chemical Warfare in Vietnam and Cambodia (1972) (co-authored with wildlife biologist E.W. Pfeiffer and others). As a Senior Researcher at the Stockholm and Oslo International Peace Research Institutes (SIPRI and PRIO), and as a Professor of Ecology at Windham and Hampshire Colleges, Westing authored and edited books on Ecological Consequences of the Second Indochina War (1976), Weapons of Mass Destruction and the Environment (1977), Warfare in a Fragile World: Military Impact on the Human Environment (1980), Herbicides in War: the Long-term Ecological and Human Consequences (1984), Environmental Warfare: a Technical, Legal and Policy Appraisal (1984), Explosive Remnants of War: Mitigating the Environmental Effects (1985), Global Resources and International Conflict: Environmental Factors in Strategic Policy and Action (1986), Cultural Norms, War and the Environment (1988), Comprehensive Security for the Baltic: an Environmental Approach (1989), and Environmental Hazards of War: Releasing Dangerous Forces in an Industrialized World (1990) --- as well as authoring numerous UN reports, book chapters, and journal articles. This volume combines six of his pioneering contributions on the environmental consequences of warfare in Viet Nam and in Kuwait, on the environmental impact of nuclear war, and on legal constraints and military guidelines for protecting the environment in wartime
Article 353: A Novel
by Tanguy VielThis atmospheric noir novel retraces the steps that led to a murder off the coast of Brittany, probing the relationship between law and justice.In a depressed town on France's northern coast, a man named Martial Kermeur has been arrested for the murder of real estate developer Antoine Lazenec after throwing him overboard. Called before a judge, Kermeur goes back to the beginning to explain what brought him to this desperate point: his divorce, his son's acting out, layoffs at his job, and, above all, Lazenec's dazzling project for a seaside resort. The temptation to invest all of your severance pay in a beautiful apartment with a view of the sea is great. But still, it has to be built. In this subtle, enthralling novel, Tanguy Viel examines not only the psychology of a crime, but also the larger social ills that may offer its justification.
The Articulate Advocate: Persuasive Skills for Lawyers in Trials, Appeals, Arbitrations, and Motions
by Brian K. Johnson Marsha Hunter Jami McKeon Barbara RichiedAn advocate may know what to say but is only effective when he or she knows how to be persuasive. Combining fact with know-how to persuade judges, juries, and arbitrator, the book teaches immediately useful techniques such as how to channel the initial adrenaline buzz, grab and hold the fact finder's attention, gesture while speaking, speaking in phrases, and polishing the persuasive style. Based on 25 years of experience from coaching practitioners, this guide integrates cutting edge discoveries in human factors, gesture studies, linguistics, neuroscience, and sports psychology to give litigators a competitive edge. This brand new edition includes all new illustrations and new information on motions, arbitrations, and appeals.
The Articulate Attorney: Public Speaking For Lawyers
by Brian Johnson Marsha Hunter Caren StacyAddressing the distinctive communication skills expected of attorneys--and based on three decades of experience coaching lawyers--this manual of practical, useful solutions integrates cutting-edge discoveries in human factors, linguistics, neuroscience, gesture studies, and sports psychology. These techniques will transform any attorney into a more confident speaker, whether addressing colleagues in a conference room, counseling clients in a boardroom, or presenting a CLE in a ballroom. Including tips on bringing the presentation off of one's notes and using direct eye contact, the book answers such common questions as: How do I channel nervous energy into dynamic delivery? What is a reliable way to remember what I want to say? How do I stop saying "um" and think in silence instead? and Why is gesturing so important? Topics are divided into chapters on the body, the brain, and the voice, with an extra section specifically dedicated to practice.
Articulating Intersex: A Crisis at the Intersection of Scientific Facts and Social Ideals (Philosophy and Medicine #131)
by Natalie DelimataThis book explores the ethical dilemma clinicians may face when disclosing a diagnosis of atypical sex. The moment of disclosure reveals an epistemic incompatibility between scientific fact and social meaning in relation to sex. Attempting to assess the bio-psychosocial implications of this dilemma highlights a complex historic antagonism between fact and meaning making satisfactory resolution of this dilemma difficult. Drawing on David Hume, WVO Quine and Michel Foucault the author presents an integrative model, which views scientific fact and social meaning as codetermining threads in one fabric of knowledge. From this epistemic perspective, the ethical dilemma is understood as a tear in the fabric signifying a rupturing of ontological integrity. To mend this tear and resolve the ethical dilemma three metaphysical perspectives are considered: essentialism, naturalism and emergentism. The book’s unique features include: an exploration of the impact of diagnostic disclosure on people with atypical sex (intersex); a synthesis of the epistemic perspectives of social and natural science facilitating interdisciplinary collaboration; a critical evaluation of three metaphysical perspectives on atypical sex (intersex); the application of Hume’s epistemological and moral distinctions to contemporary biomedicine and bioethics. The book’s target audience includes academics, students and professionals whose work intersects the natural and social sciences, and individuals interested in the metaphysics, epistemology and meta-ethics of sex.
Articulating Security: The United Nations and its Infra-Law
by Isobel RoeleWe live in a world of mobile security threats and endemic structural injustice, but the United Nations' go-to solution of strategic management fails to stop threats and perpetuates injustice. Articulating Security is a radical critique of the UN's counter-terrorism strategy. A brilliant new reading of Foucault's concept of disciplinary power and a daring foray into psychoanalysis combine to challenge and redefine how international lawyers talk about security and management. It makes a bold case for the place of law in collective security for, if law is to help tackle injustice in security governance, then it must relinquish its authority and embrace anger. The book sounds an alarm to anyone who assumes law is not implicated in global security, and cautions those who assume that it ought to be.
Artificial Hearts: The Allure and Ambivalence of a Controversial Medical Technology
by Shelley McKellarA comprehensive history of the development of artificial hearts in the United States.Artificial hearts are seductive devices. Their promissory nature as a cure for heart failure aligned neatly with the twentieth-century American medical community’s view of the body as an entity of replacement parts. In Artificial Hearts, Shelley McKellar traces the controversial history of this imperfect technology beginning in the 1950s and leading up to the present day. McKellar profiles generations of researchers and devices as she traces the heart’s development and clinical use. She situates the events of Dr. Michael DeBakey and Dr. Denton Cooley’s professional fall-out after the first artificial heart implant case in 1969, as well as the 1982–83 Jarvik-7 heart implant case of Barney Clark, within a larger historical trajectory. She explores how some individuals—like former US Vice President Dick Cheney—affected the public profile of this technology by choosing to be implanted with artificial hearts. Finally, she explains the varied physical experiences, both negative and positive, of numerous artificial heart recipients. McKellar argues that desirability—rather than the feasibility or practicality of artificial hearts—drove the invention of the device. Technical challenges and unsettling clinical experiences produced an ambivalence toward its continued development by many researchers, clinicians, politicians, bioethicists, and the public. But the potential and promise of the artificial heart offset this ambivalence, influencing how success was characterized and by whom. Packed with larger-than-life characters—from dedicated and ardent scientists to feuding Texas surgeons and brave patients—this book is a fascinating case study that speaks to questions of expectations, limitations, and uncertainty in a high-technology medical world.