Lawyering an Uncertain Cause
Lawyering an Uncertain Cause

Author: Michele Statz

Publisher: Vanderbilt University Press

Published: 2021-04-30

Total Pages: 303

ISBN-13: 0826502997

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Each year, a number of youth who migrate alone and clandestinely from China to the United States are apprehended, placed in removal proceedings, and designated as unaccompanied minors. These young migrants represent only a fraction of all unaccompanied minors in the US, yet they are in many ways depicted as a preeminent professional and moral cause by immigration advocates. In and beyond the legal realm, the figure of the "vulnerable Chinese child" powerfully legitimates legal claims and attorneys' efforts. At the same time, the transnational ambitions and obligations of Chinese youth implicitly unsettle this figure. The maneuvers of these youth not only belie attorneys' reliance on racialized discourses of childhood and the Chinese family, but they also reveal more broad uncertainties around legal frameworks, institutional practices, health and labor rights—and cause lawyering itself. Based on three years of fieldwork across the United States, Lawyering an Uncertain Cause is a novel study of the complex and often contradictory rights, responsibilities, and expectations that motivate global youth and the American attorneys who work on their behalf.

Law, War and the Penumbra of Uncertainty
Law, War and the Penumbra of Uncertainty

Author: Sam Selvadurai

Publisher: Cambridge University Press

Published: 2022-04-07

Total Pages: 375

ISBN-13: 1316511987

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An exploration into how uncertainty and political and ethical biases affect international law governing the use of force.

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.

Cause Lawyering
Cause Lawyering

Author: Austin Sarat

Publisher: Oxford University Press

Published: 1998-01-08

Total Pages: 571

ISBN-13: 0195354478

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Why do some lawyers devote themselves to a given social movement or political cause? How are such deeds of individual commitment and personal belief justly executed, given the ideals of disinterested professional service to which lawyers are (in theory, at least) supposed to adhere? What can we learn from such lawyers about the relationship between law and politics? Cause Lawyering is a wise and varied collection of responses to these questions, featuring a number of distinguished legal scholars concerned with anti-poverty lawyers, lawyers who work against capital punishment, immigration lawyers, and other lawyers working to end oppression. Editors Austin Sarat and Stuart Scheingold have assembled here a valuable cross-national portrait of lawyers compelled to sacrifice financial gain so as to use their legal skills in the promotion of a more just society. These telling and important essays fully explore the relationship between cause lawyering and the organized legal professions of many different countries--the US, England, South Africa, Israel, Cuba, and so forth. They describe the utility of law as a resource in political struggles and, conversely, highlight the constraints under which lawyers necessarily operate when they turn to politics. Some provide broad theoretical overviews; others present rich case studies. Advancing a fundamental argument about the very nature of the legal profession, this book explains the strategies that cause lawyers deploy, as well as the challenges they face in trying to be legally astute and effective while remaining politically devoted and aware. Although it is a controversial way of practicing law, cause lawyering, as explicated in the essays in this volume, is indeed indispensable to the legitimization of professional authority.

The Worlds Cause Lawyers Make
The Worlds Cause Lawyers Make

Author: Austin Sarat

Publisher: Stanford University Press

Published: 2005

Total Pages: 508

ISBN-13: 9780804752299

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The Worlds Cause Lawyers Make examines the connections between lawyers and causes, the settings in which cause lawyers practice, and the ways they marshal social capital and make strategic decisions.

Managing Legal Uncertainty
Managing Legal Uncertainty

Author: Ronen Shamir

Publisher:

Published: 1995

Total Pages: 280

ISBN-13:

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With the New Deal came a dramatic expansion of the American regulatory state. Threatening to undermine many of the traditional roles of the legal system and its actors by establishing a system of administrative law, the new emphasis on federal legislation as a form of social and economic planning ushered in an era of "legal uncertainty." In this study Ronen Shamir explores how elite corporate lawyers and the American Bar Association clashed with academic legal realists over the constitutionality of the New Deal's legislative program. Applying the insights of Weber and Bourdieu to the sociology of the legal profession, Shamir shows that elite members of the bar had a keen self-interest in blocking the expansion of administrative law. He dismisses as oversimplified the view that elite lawyers were "hired guns" who argued that New Deal legislation was unconstitutional solely because of their duty to represent their capitalist clients. Instead, Shamir suggests, their alignment with the capitalist class was an incidental result of their attempt to articulate their vision of the law as scientific, apolitical, and judicially oriented--and thereby to defend their own position within the law profession. The academic legal realists on the other side of the constitutional debates criticized the rigidity of the traditional judicial process and insisted that flexibility of interpretation and the uncertainty of legal outcomes was at the heart of the legal system. The author argues that many legal realists, encouraged by the experimental nature of the New Deal, seized an opportunity to improve on their marginal status within the legal profession by moving their discussions from academic circles to the national policy agenda.

Cause Lawyering and the State in a Global Era
Cause Lawyering and the State in a Global Era

Author: Austin Sarat

Publisher: Oxford University Press, USA

Published: 2001

Total Pages: 430

ISBN-13: 0195141172

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Cause lawyering is law as practised by the politically motivated and those devoted to moral activism. This text examines the concept in a global context, exploring ways in which it influences and is influenced by the disaggregation of state power associated with democratization, and how democratization empowers lawyers who want to effect change.

Legal Risks in EU Law
Legal Risks in EU Law

Author: Emilia Mišćenić

Publisher: Springer

Published: 2016-04-13

Total Pages: 270

ISBN-13: 3319285963

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This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.