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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

What is the process for a successful criminal investigation? Finding the Truth with Criminal Investigation is intended to answer all of the questions of who, what, where, when, why and how a violent crime occurred and/or was committed. It is intended for students in the field of criminal justice who wish to become criminal investigators-exposing them to the tools and processes needed to conduct a proper criminal investigation, but also the reality of working to support others as a team. Author Daniel A. Reilly spent a great deal of his professional life working on homicide cases, and he offers students his expertise in criminal investigation by successfully incorporating real-world context throughout this book. Updates to this Second Edition include: - Updated illustrative cases reflecting current police investigations, to support theories and opinions about investigative steps and best practices - Additional content on crime scene investigation - Updated scholarship and supporting data - New images, charts, and graphs

Suspect, Subject, Defendant

Finding the Truth with Criminal Investigation

International Studies in the Theory of Private Law

Constitutional Rights in Private Law

Global Reflections on Positionality in Rural Access to Justice Research

Using an aesthetic culture and techniques termed as jihadi cool, terrorist groups have been able to recruit members from around the world, so how do we begin to respond? This book analyzes the rhetorical and ethical dynamics of a culture of jihadi cool/chic, and why these rhetorical and aesthetic techniques have been such a powerful recruitment force for particular transnational terrorist groups. The author uses an evidence-based approach, with frameworks derived from law, politics, philosophy, rhetoric, feminist theory, and communication studies, to examine various attempts to construct counter-narratives to the jihadi cool master narrative. The book closes with an examination of how to begin to respond critically and effectively to the lure of jihadi cool.

Narrative, Law, Culture, and Philosophy Against Global Jihad

Countering Jihadi Cool

This book challenges the view that legal positivism should be reduced to a conceptual analysis of legal validity. Instead, Elena Namli reclaims legal positivism as a theory of the relationship between law, morality, and politics. Presenting novel interpretations of the classical works of Herbert L. A. Hart, Joseph Raz, and Jürgen Habermas, Namli frames legal positivism as a theory that makes possible a moral and political critique of valid law. Moreover, this book defends the dialectical relationship between law, politics, and morality by combining a positivist approach to legal validity with a constructivist ethical theory which strengthens the critical potential of legal positivism. Legally valid norms may not always be morally justified, but understanding the moral quality of legal regulations is essential for comprehending modern law.

Legal Positivism, Politics, and Critical Ethics

This book offers fresh perspectives on the role of addiction in prior fault culpability by integrating legal, psychological, neuroscientific and philosophical dimensions. Are intoxicated defendants responsible for harms they cause to persons and property when intoxicated? Should they be criminally liable for those harms, even if they act without intention or control? What if their intoxicated state is associated with addiction? Analysing the complex interactions between addiction, intoxication and law, prior fault is addressed from various jurisdictions including predominantly England and Wales, Scotland, and the Netherlands, while also incorporating multiple disciplines, thereby discussing prior fault structures from overarching, non-jurisdictional perspectives. These different disciplines and legal systems are not merely described but closely integrated through co-authored chapters, involving academics from different disciplinary fields and legal traditions. This collection is a thorough resource for students, academics, researchers, and practising lawyers who aim to deepen their understanding of the law's approach towards addiction and intoxication. Moreover, it illustrates the importance of a collaborative approach between different legal traditions and interdisciplinary scientific understanding, thereby laying the groundwork for future legal reforms, informed legal practice, and research.

Comparative Perspectives on Addiction and Intoxication

Criminal Law and Prior Fault

This book provides an overview of male violence against women and the failure of the legal system. 

Male violence against women is pervasive. From the bedroom to the boardroom; from the home to the hospital; from the court to the care home, women are subject to male violence. The legal response to this is weak. The violence is either invisible or downplayed. This book explains why and how the law can do better. 

It explores how violence in different settings reinforces and magnifies the abuse in others. Too often violence against women is considered in silos (sexual assault; domestic abuse; street harassment, etc.). The book argues that they must be seen on a continuum. It brings out the common themes, but also the subtle differences in context between the scenes of violence. In doing so it argues that we cannot understand an incident of male violence against women without understanding the broader context within which that takes place. The book claims that the legal response to male violence against women downplays the severity of the harm or even fails to recognise it. 

This is a must-read for those interested in criminal law, gender politics, and feminist approaches to law. It is only when the true nature of the problem is grasped that the law can start to provide an effective response to it. This book shows how a better and more effective law can be found.

Law, Ethics, and Policy

Male Violence Against Women

The field of crime prevention is a mainstay in criminology and criminal justice. This book offers a comprehensive introduction to the field, examining its theoretical development, methods of prevention and the way in which these methods are tested and evaluated. Core coverage includes:<ul> <li>A modern history of crime prevention, drawing on the theoretical work of Jane Jacobs, C. Ray Jeffrey, Oscar Newman, Gary Becker and Marcus Felson,</li> <li>Developmental crime prevention,</li> <li>Crime prevention through environmental Design,</li> <li>Situational crime prevention,</li> <li>The relationship between crime prevention and policing,</li> <li>Crime reduction strategy and evidence-based policy.</li> </ul>Combining theory with a wealth of real-world examples and case studies and written by an expert in the field, this book is essential reading for courses on crime prevention, crime analysis, environmental criminology and community safety.

Theory, Methods and Evaluation

Crime Prevention

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

A Theory of Capitalist Individualism

Credit, Cops, and Cages

Bhogal on Anti-social Behaviour remains the first port of call for everyone working in the area of, and carrying out, anti-social behaviour work. The third edition has been fully updated to provide analysis of the revised guidance, with commentary explaining legislation and statutory guidance and what they mean for those working in this field. It clearly explains through the use of case studies, practical examples and tactical advice how the tools operate and how they may be used to best effect. The third edition includes: · Updated statutory guidance · Coverage of the removal of CBOs to the Sentencing Act 2020 · A new and complete section on "expedited" PSPOs · Several news cases on the tools and powers, including Leeds City Council v Persons Unknown, Jones v Birmingham City Council, Thurrock Council v Stokes, Rosebery Housing Association Ltd v Williams on injunctions, R. (on the application of Hacking) v Stratford Magistrates' Court on CPNS, Tossici-Bolt v Bournemouth, Christchurch, and Poole Council on PSPOS · The Housing Ombudsman's report from January 2024 on 'Attitudes, Respect and Rights, Relationship of Equals'. This title is included in Bloomsbury Professional's Local Government Law online service.

Bhogal on Anti-Social Behaviour

Lawyers' Ethics

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