Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Administrative Competence

Administrative Competence

Author: Elizabeth Fisher

Publisher: Cambridge University Press

Published: 2020-10-15

Total Pages: 357

ISBN-13: 1108836100

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This book reimagines administrative law as the law of public administration by making its competence the focus of administrative law.


Competence in the Law

Competence in the Law

Author: Michael L. Perlin

Publisher: John Wiley & Sons

Published: 2008-07-10

Total Pages: 322

ISBN-13: 0470267909

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The best source for a comprehensive overview of mental competency in criminal, mental disability, and civil law, Competence in the Law prepares mental health professionals to assess questions of both civil and criminal competence and to counsel lawyers and judges in cases in which these issues are germane. A landmark contribution to forensic practice, this book equips you to expertly address critical issues faced in conducting assessments within the legal system.


The Concept of Legal Competence

The Concept of Legal Competence

Author: Torben Spaak

Publisher: Dartmouth Publishing Group

Published: 1994

Total Pages: 216

ISBN-13:

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Explains the concept of legal competence (or power). This book then discusses the analysis and definition of legal concepts in general; the relation between the concept of competence and (in)validity; what it means to exercise competence; different types of competence; and competence norms.


A Guide to Help Lawyers, Law Students, and Business Professionals Develop Cross-Cultural Competence

A Guide to Help Lawyers, Law Students, and Business Professionals Develop Cross-Cultural Competence

Author: Scott Fruehwald

Publisher:

Published: 2021-07-14

Total Pages: 78

ISBN-13:

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We live in a diverse world, and cross-cultural competence is important for everyone. This is especially true for lawyers and business professionals. A key part of being a lawyer or business professional is the ability to deal with others. Part of this ability is the recognition that the people you will deal with come from many different cultures and backgrounds. We are all human, but there is a great deal of variation among humans. This is why I have written this book. While cross-cultural competence has been an essential part of medical education and business for years, it is not usually part of legal education. However, it is essential to attorney competence, and it can give practitioners a competitive edge. Similarly, lack of cross-cultural competence can cause international business failure and ruin careers. "Cross-cultural competence" is the "ability to understand people from different cultures and engage with them effectively." It involves "'the ability to function effectively in another culture', consisting of three interdependent dimensions: 1) an affective dimension (personality traits and attitudes), 2) a cognitive dimension (how individuals acquire and categorize cultural knowledge), and a communicative, behavioral dimension (being an effective communicator)."


Legal Power and Legal Competence

Legal Power and Legal Competence

Author: Gonzalo Villa-Rosas

Publisher: Springer Nature

Published: 2023-07-11

Total Pages: 312

ISBN-13: 3031285557

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This volume explores the concepts of legal power and legal competence in fourteen original, cutting-edge chapters by leading legal theorists. Legal power and legal competence are major topics in jurisprudence, as they concern a range of practices, common to all modern legal systems, that empower individuals to bring about changes in the respective system by changing their own legal position or the legal positions of others. This compilation covers five broad themes. The chapters in the first section address open questions on the meaning of legal power and legal competence, while those in the second tackle problems regarding their normativity. The third section is devoted to specifically exploring the relationship between legal power and constitutive norms. The fourth focuses on the analysis of legal officials and legal offices, while the fifth and final section assesses various theories of legal power and legal competence.


Administrative Competence

Administrative Competence

Author: Elizabeth Fisher

Publisher: Cambridge University Press

Published: 2020-10-15

Total Pages: 357

ISBN-13: 1108877516

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This book, by two of the world's leading administrative law scholars, reimagines administrative law as the law of public administration by making its competence the focus of administrative law. Grounded in extensive interdisciplinary, historical, and doctrinal analysis, Fisher and Shapiro show why understanding both the capacity and authority of expert public administration is crucial to ensure the legitimacy and accountability of the administrative state. To address the current precarious state of administrative law, they support a new study of the administrative process by an Attorney Generals Committee on Administrative Procedure leading to a revised Administrative Procedure Act (APA). This book is a must-read for anyone interested in administrative law and its reform.


Competence and Vulnerability in Biomedical Research

Competence and Vulnerability in Biomedical Research

Author: Philip Bielby

Publisher: Springer Science & Business Media

Published: 2008-09-16

Total Pages: 244

ISBN-13: 1402086040

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Enhanced knowledge of the nature and causes of mental disorder have led increasingly to a need for the recruitment of ‘cognitively vulnerable’ participants in biomedical research. These individuals often fall into the ‘grey area’ between obvious decisional competence and obvious decisional incompetence and, as a result, may not be recognised as having the legal capacity to make such decisions themselves. At the core of the ethical debate surrounding the participation of cognitively vulnerable individuals in research is when, if at all, we should judge them decisionally and legally competent to consent to or refuse research participation on their own behalf and when they should be judged incompetent in this respect. In this book, the author develops a novel justificatory framework for making judgments of decisional competence to consent to biomedical research with reference to five groups of cognitively vulnerable individuals - older children and adolescents, adults with intellectual disabilities, adults with depression, adults with schizophrenia and adults with dementia, including Alzheimer’s disease. Using this framework, the author argues that we can make morally defensible judgments about the competence or incompetence of a potential participant to give contemporaneous consent to research by having regard to whether a judgment of competence would be more harmful to the ‘generic rights’ of the potential participant than a judgment of incompetence. The argument is also used to justify an account of supported decision-making in research, and applied to evaluate the extent to which this approach is evident in existing ethical guidelines and legal provisions. The book will be of interest to bioethicists as well as psychiatrists and academic medical lawyers interested in normative questions raised by the concepts of competence and capacity.


International Arbitration and International Commercial Law

International Arbitration and International Commercial Law

Author: Eric E. Bergsten

Publisher: Kluwer Law International B.V.

Published: 2011-01-01

Total Pages: 882

ISBN-13: 9041135227

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Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues - among them quite a few of the best-known arbitrators and arbitration academics in the world - present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric's Vienna project which has offered a life-changing experience for so many young lawyers from all over the world.