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Beyond Right And Wrong

Author : Randall Kiser
ISBN : 9783642038143
Genre : Law
File Size : 67. 65 MB
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Let us endeavor to see things as they are, and then enquire whether we ought to complain. Whether to see life as it is, will give us much consolation, I know not; but the consolation which is drawn from truth if any there be, is solid and durable: that which may be derived from errour, must be, like its original, fallacious and fugitive. Samuel Johnson, Letter to Bennet Langton (1758) Attorneys and clients make hundreds of decisions in every litigation case. From initially deciding which attorney to retain to deciding which witnesses to call at trial, from deciding whether to ?le a complaint to deciding whether to appeal a verdict, attorneys and clients make multiple, critical decisions about strategies, costs, arguments, valuations, evidence and negotiations. Once made, these de- sions are scrutinized by an opponent intent on exploiting the consequences of any mistake. In this intense and adversarial arena, decision-making errors often are transparent, irreversible and dispositive, wielding the power to bankrupt clients and dissolve law ?rms. Although attorneys and clients may regard sound decision making as incidental to effective lawyering, sound decision making actually is the essence of effective lawyering. An attorney’s knowledge, intelligence and experience are inert re- urces until the attorney decides how to deploy those skills to serve the client’s interests. Those decisions, in turn, largely determine a case’s course and outcome.

How Leading Lawyers Think

Author : Randall Kiser
ISBN : 3642204848
Genre : Law
File Size : 43. 5 MB
Format : PDF, ePub
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In this book, 78 leading attorneys in California and New York describe how they evaluate, negotiate and resolve litigation cases. Selected for their demonstrated skill in predicting trial outcomes and knowing when cases should be settled or taken to trial, these attorneys identify the key factors in case evaluation and share successful strategies in pre-trial discovery, negotiation, mediation, and trials. Integrating law and psychology, the book shows how skilled attorneys mentally frame cases, understand jurors’ perspectives, develop persuasive themes and arguments and achieve exceptional results for clients.

Beyond Right And Wrong

Author : Randall Kiser
ISBN : 3642424643
Genre : Law
File Size : 60. 78 MB
Format : PDF, ePub
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Let us endeavor to see things as they are, and then enquire whether we ought to complain. Whether to see life as it is, will give us much consolation, I know not; but the consolation which is drawn from truth if any there be, is solid and durable: that which may be derived from errour, must be, like its original, fallacious and fugitive. Samuel Johnson, Letter to Bennet Langton (1758) Attorneys and clients make hundreds of decisions in every litigation case. From initially deciding which attorney to retain to deciding which witnesses to call at trial, from deciding whether to ?le a complaint to deciding whether to appeal a verdict, attorneys and clients make multiple, critical decisions about strategies, costs, arguments, valuations, evidence and negotiations. Once made, these de- sions are scrutinized by an opponent intent on exploiting the consequences of any mistake. In this intense and adversarial arena, decision-making errors often are transparent, irreversible and dispositive, wielding the power to bankrupt clients and dissolve law ?rms. Although attorneys and clients may regard sound decision making as incidental to effective lawyering, sound decision making actually is the essence of effective lawyering. An attorney’s knowledge, intelligence and experience are inert re- urces until the attorney decides how to deploy those skills to serve the client’s interests. Those decisions, in turn, largely determine a case’s course and outcome.

Soft Skills For The Effective Lawyer

Author : Randall Kiser
ISBN : 9781108416443
Genre : Law
File Size : 76. 97 MB
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This book enables attorneys and law students to enhance their professional performance through the key soft skills of self-awareness, self-development, social proficiency, wisdom, leadership, and professionalism. It serves as both a map and a vehicle for developing the skills essential to self-knowledge and fulfillment, organizational respect and accomplishment, client satisfaction and appreciation, and professional improvement and distinction.

Client Science

Author : Marjorie Corman Aaron
ISBN : 9780199970858
Genre : Law
File Size : 24. 39 MB
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Lawyers know that client counseling can be the most challenging part of legal practice. Clients question and often resist the complexities and uncertainties inherent in law and legal process. Honest advice from the lawyer can make a client doubt his or her allegiance and zeal. Client backlash may be directed at the lawyer who communicates bad news. Thus, the lawyer may feel torn between the obligation to clearly inform a client about weaknesses in legal positions and fear of damaging the client relationship. Too often, the lawyer struggles to counsel a particularly difficult client, but to no avail. Client Science is written to provide insight and advice to lawyers on how to more effectively communicate with their clients with regard to legal realities and difficult decisions. It will help lawyers with the always-difficult task of delivering "bad news," which will result in better-informed and thus more satisfied clients. The book explains applicable social science research and insights and translates them into plain language relevant to legal practice and client counseling. Marjorie Corman Aaron offers specific suggestions related to a lawyer's ordering, timing, phrasing, and type of explanation, as well as style adjustments for the lawyer's voice, gesture, and body position, all to impact client counseling and to improve the lawyer-client relationship.

The Justice Crisis

Author : Trevor C.W. Farrow
ISBN : 9780774863605
Genre : Law
File Size : 44. 88 MB
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Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.

Making Tough Decisions Well And Badly

Author : Arch G. Woodside
ISBN : 9781786351197
Genre : Business & Economics
File Size : 26. 40 MB
Format : PDF
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Where do brilliant executive wisdom and actions come from? Making Tough Decisions Well and Badly (MTDWB) assesses the literature that examines executives’ conscious and non-conscious actions in decision making, implementation and assessment of outcomes.

The Practice Of Mediation

Author : Douglas N. Frenkel
ISBN : 9781543801286
Genre : Law
File Size : 70. 33 MB
Format : PDF, Mobi
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For access to the video case studies included with the purchase of this ebook, please contact customer support at [email protected] This widely-adopted, all-original book was the first in the field to combine complete analysis of the mediation process with integrated video case studies illustrating the full range of mediation skills. Engaging text is keyed to seven hours of online video, featuring three different cases, all based on actual disputes: a child custody case, a small claims consumer dispute, and a complex negligence suit. These unscripted mediations were conducted by mediators and lawyers with a variety of backgrounds and styles. The video includes an extended comparative example of facilitative and evaluative mediation of the same matter. The integration of text and video in The Practice of Mediation: A Video-Integrated Text, Third Edition enriches students’ understanding and allows classroom and clinical instruction to proceed more rapidly and on a far more sophisticated level. New to the Third Edition: New end-of-chapter problems to aid assessment of student learning New or expanded coverage of biases and their impact on negotiators; pre-mediation contacts with parties; and increasing mediator use of caucuses to open the process Newly designed problems on the ethics of mediating New video clips on mediator influence and persuasion Professors and students will benefit from: Practice- and research-based analysis of negotiations and why they fail Contextualized model of the role and effective skills of the mediator, applicable across the entire range of disputes Exploration of fundamental norms of the process and, through real case problems, the ethics of mediating Video and case-based introduction to the role and skills of representing a client in mediation

Artificial Intelligence And The Legal Profession

Author : Michael Legg
ISBN : 9781509931828
Genre : Law
File Size : 41. 28 MB
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How are new technologies changing the practice of law? With examples and explanations drawn from the UK, US, Canada, Australia and other common law countries, as well as from China and Europe, this book considers the opportunities and implications for lawyers as artificial intelligence systems become commonplace in legal service delivery. It examines what lawyers do in the practice of law and where AI will impact this work. It also explains the important continuing role of the lawyer in an AI world. This book is divided into three parts: Part A provides an accessible explanation of AI, including diagrams, and contrasts this with the role and work of lawyers. Part B focuses on six different aspects of legal work (litigation, transactional, dispute resolution, regulation and compliance, criminal law and legal advice and strategy) where AI is making a considerable impact and looks at how this is occurring. Part C discusses how lawyers and law firms can best utilise the promise of AI, while also acknowledging its limitations. It also discusses ethical and regulatory issues, including the lawyer's role in upholding the rule of law.

A Practical Approach To Alternative Dispute Resolution

Author : Susan Blake
ISBN : 9780198714477
Genre : Law
File Size : 28. 73 MB
Format : PDF
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This text will appeal to law students and practitioners looking for a book that deals with the full range of ADR processes. It covers the core topics on the dispute resolution module for the BPTC. Its practical focus highlights the key processes and procedures for each topic.

Interior Environment And Related Agencies Appropriations For 2016 Part 3 B 2015 114 1

Author :
ISBN : STANFORD:36105050681118
Genre :
File Size : 80. 85 MB
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The Evolution And Future Of International Arbitration

Author : Stavros Brekoulakis
ISBN : 9789041170064
Genre : Law
File Size : 36. 74 MB
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The School of International Arbitration of the Centre for Commercial Law Studies at Queen Mary University of London celebrated its 30th anniversary in April 2015 with a major conference featuring presentations by 35 international arbitration practitioners and scholars from many countries representing a variety of legal systems. This volume has emerged from that conference. What is striking is not only the range and diversity of the topics examined but also the emergence of new subjects for examination, demonstrating that arbitration law and practice do not stand still but are constantly evolving. The issues and topics covered include the following: - Evolution of case law and practice in international arbitration; - The concept and autonomy of arbitral award; - Parties in international arbitration; - Parallel proceedings in international arbitration; - Court review of arbitration awards; - Geographic expansion of international arbitration; - Counsel regulation and conflicts disclosures; - The use of technology in international arbitration; - Teaching and research in international arbitration. This superbly organised and edited volume, like earlier conference volumes from the School of International Arbitration, is sure to be welcomed and acclaimed, and like them will prove of lasting value.

A Practical Approach To Alternative Dispute Resolution

Author : Susan Heather Blake
ISBN : 9780198747666
Genre : Dispute resolution (Law)
File Size : 82. 92 MB
Format : PDF
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This text will appeal to law students and practitioners looking for a book that deals with the full range of ADR processes. It covers the core topics on the dispute resolution module for the BPTC. Its practical focus highlights the key processes and procedures for each topic.

The Oxford Handbook Of Behavioral Economics And The Law

Author : Eyal Zamir
ISBN : 9780199397952
Genre : Business & Economics
File Size : 53. 85 MB
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The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.

Resolving Business Disputes

Author : Stephen Bate
ISBN : 9781913507015
Genre : Law
File Size : 35. 82 MB
Format : PDF, ePub, Mobi
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Resolving Business Disputes will give company directors, business executives and other commercial decision-makers a unique and essential insight into how to resolve business disputes and to reach the best outcomes by making effective decisions. The book is also aimed at dispute resolution lawyers, litigation funders and insurers. It is a guide, explaining the unique choices created by commercial conflict, basic workings of the law about disputes, the main avenues of dispute resolution, the forecasting of litigation outcomes for cases going to court, the funding of legal cases, the management of the risk involved, the creation of a dispute strategy, how to make the best use of legal advice and how to negotiate effectively. Finally, by using objective criteria the guide explains how to decide whether to end a dispute by negotiated settlement or by taking a case all the way to a court judgment or other conclusion. In view of the profound implications of Covid-19 for trade and commerce, the book also contains an introduction to key issues raised by the pandemic for the resolution of contract disputes.

The Psychology Of Tort Law

Author : Jennifer K. Robbennolt
ISBN : 9781479814183
Genre : Law
File Size : 43. 21 MB
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"This book explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, the authors examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law."--Page 4 of cover.

Atheism For Christians

Author : Benjamin Thomas Jones
ISBN : 9781498225830
Genre : Philosophy
File Size : 53. 77 MB
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What can Mary Wollstonecraft teach Christians about sexual ethics? Can John Stuart Mill help the church understand toleration? Are there lessons for the Christian world from writers like Marx, Nehru, Shelley, Popper, and Hume? Atheism for Christians looks at the work of some of the most influential secular thinkers and asks what Christians can learn without giving up their faith or core values. Looking at important modern issues such as gender equality, same-sex marriage, creationism and evolution, abortion, universal health, biblical literalism, and religious tribalism, this work offers a fresh perspective on old questions. The Bible says the value of wisdom is far above rubies. It should not matter where that wisdom comes from. The Christian world should be able to celebrate and learn from the intellectual giants in the secular tradition just as atheists can still appreciate the great academic and artistic contribution of Christianity. The nexus between faith and reason is sometimes stretched but should never be abandoned. Atheism for Christians offers a unique insight into the work of some of the greatest secular thinkers and argues there is much to learn.

Marginalization Processes Across Different Settings

Author : Sangeeta Bagga-Gupta
ISBN : 9781527511927
Genre : Education
File Size : 88. 7 MB
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While issues of marginalization and participation have engaged scholars across various disciplines and domains, and a range of theoretical perspectives and methodological framings have been deployed in this enterprise, the research presented in this volume aligns itself to alternative traditions by focusing on people’s membership and participation across settings and institutional contexts. The work here, thus, focuses on the constitution of marginalization inside, outside and across a range of settings. It centre-stages marginalization and participation as action in the human world. Going beyond a focus on the marginalized or explanations of marginalization or comparing groups of the marginalized with the non-marginalized, a number of contributions focus on mundane processes inside, outside and across institutional settings in different geopolitical spaces. Other chapters in the book demonstrate the marginalization of specific analytical foci in the research process or hegemonies of national high-stake testing protocols and specific dialects in different geopolitical regions or in domains such as the sporting arena. In contrast to other studies on marginalization and participation, this book takes its point of departure in the complexities that characterize and shape both individuals and societies, past and present. Its chapters challenge demarcated fields of study and conceptions of identity framed marginalization and participation. Drawing attention to the fact that the centre (continues to) define the margins, the work presented here joins research efforts that highlight the need to focus on the constitution of marginalization and participation in a wide range of settings with the explicit aim of going beyond static boundaries that define the human state at different scales of becoming and beyond an understanding of development and progress in terms of a linear trajectory.

Capital Market Anomalies Explained By Human ?s Irrationality

Author : Irini Varvouzou
ISBN : 9783954890309
Genre : Business & Economics
File Size : 39. 34 MB
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Why do small caps achieve higher risk-adjusted yields than large caps? Why do stock prices increase or decrease upon an index entry respectively deletion? Why does January records higher yields than the remaining months of the year? These as well as other observed capital market anomalies or phenomena could be insufficiently explained by the classical capital market theory, which proceeds on the assumptions that all correspondent information are reflected in the stock prices, all negative effects are directly balanced on the market level and that efficiency of arbitrage principle exists as well as that all market participants act rationally (i.e. optimizing their benefits in the sense of the homo economicus). This motivated some economists and psychologists to include behavioural scientific findings in their research of the influences on the formation of prices on the capital market. In the 1980s the theory of Behavioural Finance was developed, which challenges the homo economicus. Researchers came to the conclusion that humans are not only acting rational, but that they are also influenced by emotions, knowledge and experiences. This new scientific behavioural oriented theory, which is today a separate branch of research, contradicts the classical capital market theory and supplies explanations for the observed phenomena on the capital market. The aim of this book is to demonstrate how human behaviour influences the development on the capital market and how Behavioural Finance serves as an explanation for the empirically observed capital market anomalies. This book begins with the introduction of the theoretical basis of Behavioural Finance and its emergence; tasks as well as aims will be explained in detail. Subsequently, human's heuristics as well as anomalies and irrationalities in their decision making process will be demonstrated. In the third chapter, the capital market anomalies or phenomena as well as the irrational and behavioural reasons for their existen

Essential Lawyering Skills

Author : Stefan H. Krieger
ISBN : 9781543821055
Genre : Law
File Size : 51. 94 MB
Format : PDF, ePub, Mobi
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The Sixth Edition of Essential Lawyering Skills: Interviewing, Counseling, Negotiation, and Persuasive Fact Analysis continues to emphasize the role of the attorney in the lawyer-client relationship. Widely respected practitioners and teachers, the authors’ introductions, visual aids, and realistic examples illuminate the basic mechanics of these key skills. Case situations and problem-solving scenarios engage students in developing essential lawyering skills that mirror legal practice. The topic of professional responsibility is integrated throughout. New to the Sixth Edition: New co-author Renée Hutchins brings her new perspective to the course Updated and improved design makes the material more accessible for today’s student Increased coverage of negotiation in the plea-bargaining context Updated examination of the use of electronic media in fact analysis and negotiation Professors and students will benefit from: An emphasis on practice and the mechanics of negotiation and persuasion, rather than on theory Complete coverage of problem solving, interviewing, counseling, negotiation, and fact analysis Remarkably clear and penetrating discussion of the persuasive value of facts, supported by useful visual aids Generous use of interesting examples that place topics in context Integrated coverage of professional responsibility where appropriate Experienced authors, who draw upon many years of teaching and writing about lawyering skills

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