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.
Any practitioner faced with the decision as to whether to appeal, or who has questions arising at each stage, will benefit enormously from a book that examines the law, principles, procedures, and processes involved. This leading work has been updated and restructured, to ensure it provides guidance on the complete and complex process of making a civil appeal. Clearly written and cross referenced, the books UK/European coverage of appeals includes: -- District Judges to Circuit Judges in the County Court -- Masters and District Judges to High Court Judges -- Court of Appeal -- House of Lords -- Privy Council -- The European Court -- The European Court of Human Rights -- Administrative Law and Elections
Since 2013, an organization called the Nonhuman Rights Project has brought before the New York State courts an unusual request—asking for habeas corpus hearings to determine whether Kiko and Tommy, two captive chimpanzees, should be considered legal persons with the fundamental right to bodily liberty. While the courts have agreed that chimpanzees share emotional, behavioural, and cognitive similarities with humans, they have denied that chimpanzees are persons on superficial and sometimes conflicting grounds. Consequently, Kiko and Tommy remain confined as legal "things" with no rights. The major moral and legal question remains unanswered: are chimpanzees mere "things", as the law currently sees them, or can they be "persons" possessing fundamental rights? In Chimpanzee Rights: The Philosophers’ Brief, a group of renowned philosophers considers these questions. Carefully and clearly, they examine the four lines of reasoning the courts have used to deny chimpanzee personhood: species, contract, community, and capacities. None of these, they argue, merits disqualifying chimpanzees from personhood. The authors conclude that when judges face the choice between seeing Kiko and Tommy as things and seeing them as persons—the only options under current law—they should conclude that Kiko and Tommy are persons who should therefore be protected from unlawful confinement "in keeping with the best philosophical standards of rational judgment and ethical standards of justice." Chimpanzee Rights: The Philosophers’ Brief—an extended version of the amicus brief submitted to the New York Court of Appeals in Kiko’s and Tommy’s cases—goes to the heart of fundamental issues concerning animal rights, personhood, and the question of human and nonhuman nature. It is essential reading for anyone interested in these issues.
“Few people realize that in the area of law, Texas began its American journey far ahead of most of the rest of the country, far more enlightened on such subjects as women’s rights and the protection of debtors.” Thus James Haley begins this highly readable account of the Texas Supreme Court. The first book-length history of the Court published since 1917, it tells the story of the Texas Supreme Court from its origins in the Republic of Texas to the political and philosophical upheavals of the mid-1980s. Using a lively narrative style rather than a legalistic approach, Haley describes the twists and turns of an evolving judiciary both empowered and constrained by its dual ties to Spanish civil law and English common law. He focuses on the personalities and judicial philosophies of those who served on the Supreme Court, as well as on the interplay between the Court’s rulings and the state’s unique history in such areas as slavery, women’s rights, land and water rights, the rise of the railroad and oil and gas industries, Prohibition, civil rights, and consumer protection. The book is illustrated with more than fifty historical photos, many from the nineteenth and early twentieth centuries. It concludes with a detailed chronology of milestones in the Supreme Court’s history and a list, with appointment and election dates, of the more than 150 justices who have served on the Court since 1836.
The first Chief Justice of the United States, John Jay faced many unique challenges. When the stability and success of the new nation were far from certain, a body of federalized American law had to be created from scratch. In The First Chief Justice, New York State Appellate Judge Mark C. Dillon uncovers, for the first time, how Jay's personal, educational, and professional experiences—before, during, and after the Revolutionary War—shaped both the establishment of the first system of federal courts from 1789 to 1795 and Jay's approach to deciding the earliest cases heard by the Supreme Court. Dillon takes us on a fascinating journey of a task accomplished by constant travel on horseback to the nation's far reaches, with Jay adeptly handling the Washington administration, Congress, lawyers, politicians, and judicial colleagues. The book includes the history of each of the nine cases decided by Jay when he was Chief Justice, many of which have proven with time to have enduring historical significance. The First Chief Justice will appeal to anyone interested in the establishment of the US federal court system and early American history.
