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The Library of Essays on Legal Ethics and the Enforcement of Law

Lawyers' Ethics

Lawyers’ EthicsEdited by Monroe H. Freedman, Abbe Smith and Alice WoolleyContentsAcknowledgementsIntroductionPart 1: Foundations<ol> <li>Richard Wasserstrom, Lawyers as Professionals: Some Moral Issues, Human Rights 5, 1, 1975, 1-24.</li> <li>Charles P. Curtis, The Ethics of Advocacy, Stanford Law Review 4, 3, 1951, 3-23.</li> Part 2: The Lawyer’s Role as Advocate and Advisor: Defences and Challenges <li>Charles Fried, The Lawyer as Friend: The Moral Foundations of the Lawyer-Client Relation, Yale Law Journal 85, 8, 1976, 1060 – 1089.</li> <li>Tim Dare, Mere-Zeal, Hyper-Zeal and the Ethical Obligations of Lawyers, Legal Ethics 7, 1, 2004, 24-38. </li> <li>W. Bradley Wendel, Civil Obedience, Columbia Law Review 104, 2004, 363-425 </li> <li>William H. Simon, Ethical Discretion in Lawyering, Harvard Law Review 101, 6, 1988, 1083-1145.</li> <li>Monroe H. Freedman, Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions, Michigan Law Review 64, 1966, 1469-1484</li> Part 3: Lawyers and Clients <li>Thomas L. Shaffer, Legal Ethics and the Good Client, Catholic University Law Review 36, 1987, 319-330.</li> <li>Katherine R. Kruse, Beyond Cardboard Clients in Legal Ethics, Georgetown Journal of Legal Ethics 23, 2010, 103-154. </li> <li>Barbara Allen Babcock, Defending the Guilty, Cleveland State Law Review 32, 1983, 175-187.</li> <li>Allan C. Hutchinson, Taking It Personally: Legal Ethics and Client Selection, Legal Ethics 1, 2, 1998, 168-183.</li> Part 4: Moral Dilemmas in Legal Practice <li>Monroe H. Freedman, Must You Be the Devil’s Advocate?, Legal Times, August 23, 1993.</li> <li>Michael Tigar, Setting the Record Straight on the Defense of John Demjanjuk, Legal Times, September 6, 1993.</li> <li>Stephen Gillers, Can a Good Lawyer be a Bad Person?, Journal of the Institute for the Study of Legal Ethics 2, 1999.</li> <li>Deborah Rhode, Terrorists and Their Lawyers, NY Times, April 16, 2002, at A31.</li> <li>Abbe Smith, What Motivates a Lawyer to Defend a Tsarnaev, a Castro or a Zimmerman?, Washington Post, July 25, 2013.</li> Part 5: Legal Ethics in the Criminal Trial <li>David B. Wilkins Race, Ethics, and the Frist Amendment: Should a Black Lawyer Represent the Ku Klux Klan, George Washington Law Review 63, 6, 1995, 1030-1070.</li> <li>Paul Butler, How Can You Prosecute Those People?, in How Can You Represent These People, Abbe Smith and Monroe H. Freedman (eds), (New York: Palgrave Macmillan, 2013), pp. 15-27.</li> <li>Abbe Smith, On Representing a Victim of Crime, in Law Stories¸Gary Bellow and Martha Minow (eds), (Michigan: University of Michigan Press, 1998), pp. 149-167.</li> Part 6: Being a Lawyer <li>David Luban, A Different Nightmare and a Different Dream, in Legal Ethics and Human Dignity (Cambridge: Cambridge University Press, 2007), pp. 131-161.</li> <li>Alice Woolley and W. Bradley Wendel, Legal Ethics and Moral Character, Georgetown Journal of Legal Ethics 23, 2010, 1065-1100.</li> <li>Alice Woolley, Context, Meaning and Morality in the Life of the Lawyer, Legal Ethics 17, 1, 2014, 1-22.</li> </ol>Index

This book provides a thorough and extensive review of the field that is now commonly referred to as `geographical profiling¿, throwing light on the psychology of criminality, police investigation and the management of crime.

Theory and Practice

Geographical Offender Profiling

Elements of International Law

Piracy

Commonwealth Caribbean Law

Commonwealth Caribbean Criminal Law is a comprehensive guide to criminal law, covering the jurisdictions of Barbados, Jamaica, Trinidad &amp; Tobago, the Bahamas, and Belize, with reference also to other jurisdictions such as Guyana and the OECS member states. Written by established lecturers at the University of the West Indies, this text is an essential guide for all students of criminal law in the region.

Commonwealth Caribbean Criminal Law

This book explores the foundations of the principle of altruism and its relationship to the criminal law, examining the contrasting justifications for the duty of easy rescue and the duty of tolerance, both of which are based on altruism. Since the days of Lord Macaulay and James FitzJames Stephen, it has been said that English law does not usually punish omissions, and that altruistic duties are incompatible with the spirit of the common law. This book aims to show that this is not an accurate description of English criminal law, and that there is a strong case to be made for the opposite understanding, based on principles advanced by authors such as Adam Smith, Jeremy Bentham, John Stuart Mill and others. By analysing the duty of easy rescue - which imposes on individuals a duty to take steps to rescue a person in danger if this can be done without risk to the rescuer, or at least a duty to call the emergency services - and by comparing it with the well-known duties arising in cases of extreme necessity, it can be shown that altruism has plenty to say in different parts of the criminal law. Having established the case for criminalising the failure to provide a simple rescue, a detailed analysis is made of the form that this criminalisation should take, bearing in mind the basic principles of English law and considering the strengths and weaknesses of the duty of easy rescue as it is formulated in various continental systems, including the German, French, Spanish and Italian criminal codes.

Duties of Rescue and Tolerance

Altruism and the Criminal Law

¿This book provides a comparative perspective on the impact of the COVID-19 pandemic on different criminal law systems. To this end, the book brings together country reports from Brazil, Argentina, Spain, Portugal, Italy, Austria, Sweden, the Netherlands, Germany, Poland, France and Belgium.
All country reports address the same key issues in order to facilitate comparative conclusions. Those key issues re: criminal liability for spreading the coronavirus, criminal liability of medical staff in triage situations, criminal liability of political decision-makers, as well as further (country-specific) challenges in the context of the pandemic and criminal law. Furthermore, they explore domestic case-law and academic literature relevant in this context.This book will be useful for criminal law scholars and practitioners as well as policymakers around the world. The comparative approach of the book will provide them with a more informed and objective perception of their national systems and their respective approaches to COVID-19 and criminal law. Another key objective of this volume in the ICJ Series is to foster dialogue and an exchange of ideas between stakeholders of different nations and ultimately to enable cross-semination between different criminal law systems.Prof. Dr. Frank Zimmermann is Professor for Criminal Law and Criminal Procedure, European and International Criminal Law as well as Criminal Law and Digitalization at the Institute for Criminal Sciences, Dept. V, University of Münster in Münster, Germany.

Comparative Perspectives

Criminal Law and the Covid-19 Crisis

The book examines the practice of judicial reasoning in Tort law, understood as a process of justification, consisting of both deductive and non-deductive elements, and therefore involving a significant element of choice or discretion. The book divides the elements of judicial reasoning into four conceptual categories: factual assessments, application of legislative and judge-made rules, reliance on reasonableness, and policy considerations. To discuss these elements in a comparative perspective the book uses the English and French judicial traditions of Tort law as case studies. This enables the author to present a range of methods of establishing facts, drawing inferences, using legal sources and relying on policy arguments. By closely examining selected Tort judgments from both jurisdictions, the book elucidates the phenomenon of law-making through adjudication in both a non-codified and a codified system of liability. It offers a reflection on different approaches legal systems may adopt to the importance in the process of judicial justification of such issues as certainty and truth, common sense, consistency with previous judicial decisions and policy.
The book connects the choice of approaches in judicial reasoning in Tort law with its procedural and institutional context.

English and French Traditions Compared

Judicial Reasoning in Tort Law

This is an essential guide for all those who practise, wish to practise or are involved in areas relating to animal welfare and protection law. Covering the essential legal frameworks and the practicalities of funding cases this title provides invaluable assistance to those both bringing and defending animal welfare and animal protection cases in criminal courts and adjacent civil proceedings in the Crown Court and magistrates courts. It explains the background to the development of Animal Welfare Law in both civil and criminal cases providing practical guidance and advice. Topics covered include the practical considerations of prosecuting and defending cases in relation to dangerous dogs as well as tail docking, animal suffering and environmental issues. Attention is given to wildlife protection, including poaching, and Section 20 Animal Welfare Act applications, a particularly busy area for both the RSPCA and Local Authorities. Areas related to animal activism such as burglary, theft, aggravated trespass, lawful excuse cases including issues relating to the new legislation re animal theft are given in depth examination as is Animal Licensing specifically areas relating to boarding and breeding licence breaches. How to fund cases whether prosecuting or defending is covered in detail, from the use of expert witnesses to how to apply for legal aid and recovery of costs in successful cases. It also explains how to apply in publicly funded cases and what obstacles can be faced. This is the only guide of its kind covering the main areas where practitioners are approached for assistance making it a must have book for all those involved in animal welfare and protection.

Animal Welfare and Animal Protection Law - A Practitioner’s Guide

This cutting-edge collection is a riposte to the deep assumption that law should be written exclusively for and by the reasonable person, as the person to whom law is addressed and by reference to whom laws are designed and calibrated. The book looks at how the social dimension of the human experience is central to human existence: connections with other people shape our lives in profound ways. While law confers formal status on certain relationships and intervenes to remedy serious injustices that occur, it does not generally concern itself with the individual as a person formed through those and other relationships. It is most often addressed to the individual, on the assumption that individuals are rational autonomous agents. It poses a deep challenge to that assumption. First, the collection opens space for conversation on the social dimension of the human experience in the context of law by critically considering existing conceptual tools that could support such a conversation, e.g., community, solidarity, associations,collective rights, and cosmopolitan law. Second, the collection takes an inventory of the extent to which law currently takes the social dimension of personhood into account in fields as diverse as criminal culpability, natural resources law, human rights, company lawand administrative justice. In moving beyond the fields that have already been the subject of post-individualist and post-autonomy discourse, such as family law and medical law, this collection is a vital contribution to igniting a broader conversation about the relationship between the sociable person and the law.

Recognising and Regulating the Social Dimension of the Human Experience

The Sociable Person and the Law

THE INSTANT SUNDAY TIMES BESTSELLERThe world's criminals earn trillions every year. They keep almost all of it. Every effort to stop them has failed. Why? Join Oliver Bullough through the looking glass, voyaging through the dark heart of the global economy: where flows of dirty banknotes, designer goods and baby eels prop up illicit networks spanning from Miami to Shanghai - via, strangely, North Oxfordshire. Cryptocurrencies flow through ledgers that would look familiar to a fifteenth-century Florentine banker. Casinos, lottery tickets and government ignorance all power the merry-go-round of dirty money. And it all works brilliantly. Better than ever. There has never been a better time to be a criminal. It's time that changed.

The Secret Life of Dirty Money

Everybody Loves Our Dollars

This book celebrates the life and legacy of one of Ireland's greatest ever jurists - Gerard Hogan. Across his career as an academic, Advocate General at the Court of Justice of the European Union, and judge of the High Court, Court of Appeal, and Supreme Court of Ireland, Gerard Hogan has had a profound influence on public law. He is widely regarded as Ireland's leading legal scholar, particularly in constitutional law, administrative law, and EU law. The volume in his honour focuses on the central role of courts in public law. It examines how courts shape constitutional systems, interpret legislation, hold public authorities accountable, and protect rights, while maintaining the balance between the executive, legislature, and citizens. Drawing on themes developed in his scholarship, opinions, and judgments, the book addresses issues such as judicial review, constitutional oversight, the rule of law, and the relationship between judicial independence, public confidence, democracy, and accountability. It also considers comparative and global perspectives on how courts perform these functions across different jurisdictions. Reflecting on Gerard Hogan's enduring contributions to debates on judicial review, separation of powers, fundamental rights, and judicial decision-making, the book serves as both a tribute and a lasting scholarly resource. At a time of ongoing constitutional challenges in Ireland and across Europe, it offers a timely reflection on the principles of public law that Gerard Hogan has shaped over several decades, both on and off the bench.

Liber Amicorum in Honour of Gerard Hogan

Public Law and the Centrality of Courts

Lawyers' Ethics

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