This widely acclaimed legal bestseller has ignited an intense debate within the legal profession. It examines the effect of advances in IT upon legal practice, analysing anticipated developments in the next decade. It urges lawyers to consider the sustainability of their traditional role.
Of all the services provided by lawyers, the most common is estate planning. This book contains over 40 chapters on all aspects of estate planning from Wills and Living Trusts to business succession planning, charitable planning, tax planning, Social Security benefit timing, Medicaid planning, and most things in between. It addresses healthcare directives and related documents and planning issues related to powers of attorney. There is even a chapter dealing with second marriages and planning around son-in-law and daughter-in-law concerns. Everyone will find this book a valuable resource for his, her or their family’s particular situation. All areas of discussion also note the changing role of the attorney in the estate planning process, including the impact of non-lawyer individuals and entities and how they are reshaping the way estate planning services are offered and delivered. Contrary to the book’s title, it is not about getting rid of all lawyers, just the inefficient ones or those that practice in areas or charge for services that can be obtained more efficiently from other professionals or by other means. While the target audience is consumers of estate planning services, it also will serve as a great resource for financial advisors and attorneys practicing outside the estate planning field who desire to expand their understanding and expertise in this important area. Mr. Hargrove and his longtime law partner and contributing author, Roger Madden, have over 50 years of combined estate planning, legal, and tax experience and have been nationally recognized in their field.
From the bestselling author of The End of Lawyers?, this book predicts fundamental and irreversible changes in the legal world and offers essential practical advice for those who intend to build careers and businesses in law. A definitive guide to the future for aspiring lawyers, and for all who want to modernize today's legal and justice systems.
Writing in his direct and lively style, Stephen Gillers explores the subtleties and nuances of the legal and ethical rules governing lawyers and judges. From great teaching cases, timely materials, and realistic problems, students come away with new insight, equipped to detect and avoid improper conduct over the course of their professional careers. Refined through years of classroom use, this casebook offers: Comprehensive coverage covers the full range of professional responsibility issues in less space (about 20 percent shorter than the 9th edition). Well-balanced mix of cases, secondary sources, timely materials (often drawn from recent headlines), engaging problems, and challenging notes. Goes beyond the rules in recognizing that the law is not necessarily self-evident and covers many subtleties; Gillers discusses the rules from different perspectives. Students are thus better equipped to detect and avoid improper conduct in their professional life than if they had learned the rules alone. Excellent case selection. Relevant cases exemplify multiple variations on particular themes. Realistic, helpful problems. Abundant problems, many based on actual events, that facilitate class discussion and enable students to understand the rules and regulations that will govern their professional behavior. Detailed notes provide in-depth treatment of the issues. High-profile author. Stephen Gillers is a highly visible and recognized national authority on professional responsibility. Accessible and engaging style. The writing is characterized by variety, clarity, and humor. Accompanied by an outstanding annual statutory supplement. Co-authored by Roy D. Simon, Andrew M. Perlman, and John Steele, the popular Regulation of Lawyers: Statutes and Standards covers all major, minor, and state variations on the rules governing lawyers and judges. New to the Tenth Edition: New cases, including People v. Marshall; Thul v. One West Bank, FSB; In re Glass; Rodriguez v. Disner; Stropnicky v. Nathanson; and United States v. Kentucky State Bar. New and revised materials, including on the risks of using social media; ethical obligations of insurance defense lawyers; and whether a conflicted lawyer can advise a client to waive a conflict if waiver favors the lawyer. New problems on fraud and spoliation; prosecutorial conflicts; settlements conditioned on non-disclosure of dangerous products; campaign contributions and recusal; lawyers as whistleblowers against their clients under Dodd-Frank; and Brady obligations. Many current problems have been revised. In addition, a New Concise Edition, approximately 550 pages, will be available in January 2015. You can depend on author Stephen Gillers to provide a stimulating and dynamic classroom experience. Through nine editions, Regulation of Lawyers has consistently responded to the times by mapping a legal and ethical landscape with penetrating insight.
Mexico Confronts the Challenges of Global Competition
Author: Diana Villiers Negroponte
Publisher: Brookings Institution Press
Category: Political Science
Today's Mexico is strongly determined to become a full player in the globalizing international economy. It has increased its manufacturing output in areas such as automobiles and electronics, and both corporate and government sectors would like to take greater strides toward being a full global player. But do the underlying institutional and cultural elements exist to support such an economic effort? In The End of Nostalgia, editor Diana Villiers Negroponte and colleagues from both sides of the Rio Grande examine the path that Mexico will likely take in the near future. It remains a land in transition, from a one-party political system steeped in a colonial Spanish past toward a modern liberal democracy with open markets. What steps are necessary for this proud nation to continue its momentum toward effective participation in a highly competitive world? Contributors: Armando Chacón is the research director at the Mexican Institute for Competitiveness. Arturo Franco has worked with Cementos de Mexico (CEMEX) and the World Bank. He was a Global Leadership fellow at the World Economic Forum on Latin America, 2008–11. Eduardo Guerrero is a partner at Lantía Consultores in Mexico City, where he works on security assessment. He joined the Secretaría de Gobernación in December 2012. Andrés Rozental holds the permanent rank of Eminent Ambassador of Mexico. He is president of Rozental & Asociados and is a nonresident senior fellow at the Brookings Institution. Christopher Wilson is an associate at the Mexico Institute of the Woodrow Wilson International Center for Scholars. Duncan Wood is a member of the Mexican National Research System and editorial adviser to Reforma newspaper. Since January 2013, he has been the director of the Mexico Institute at the Woodrow Wilson International Center for Scholars.
In The End of Negotiable Instruments: Bringing Payments Systems Law Out of the Past, author James Rogers challenges the basic assumptions of the law of checks and notes and its history, and provides a well-reasoned account of how the law could be changed to better suit the evolution of new payment technologies. The modern American law of payment systems is in disarray. Efforts to create a unified body of law for payment systems have so far been unsuccessful. Part of the reason for that failure is the assumption that the existing law works well for the traditional paper-based check system, and that problems have been created only by the evolution of new technologies. The End of Negotiable Instruments argues that this assumption is unfounded. The basic law of checks is itself anachronistic. There are no other books that undertake a similar analysis—there are legal treatises on the law of checks and notes, but all of them take for granted the basic assumptions challenged in this book. Several articles were published in the late twentieth century concerning the dispute over the application of certain doctrines of traditional negotiable instruments law to modern consumer finance transactions, but none of this literature went on to consider the broader question of whether there is anything worthwhile left in negotiable instruments law.
Using espionage as a test case, The End of Intelligence criticizes claims that the recent information revolution has weakened the state, revolutionized warfare, and changed the balance of power between states and non-state actors—and it assesses the potential for realizing any hopes we might have for reforming intelligence and espionage. Examining espionage, counterintelligence, and covert action, the book argues that, contrary to prevailing views, the information revolution is increasing the power of states relative to non-state actors and threatening privacy more than secrecy. Arguing that intelligence organizations may be taken as the paradigmatic organizations of the information age, author David Tucker shows the limits of information gathering and analysis even in these organizations, where failures at self-knowledge point to broader limits on human knowledge—even in our supposed age of transparency. He argues that, in this complex context, both intuitive judgment and morality remain as important as ever and undervalued by those arguing for the transformative effects of information. This book will challenge what we think we know about the power of information and the state, and about the likely twenty-first century fate of secrecy and privacy.
In this reprint from 1988, Abel (law, U. of California, Los Angeles) and Lewis (Centre for Socio-Legal Studies, Oxford, UK) put together eight chapters in which contributors, who are sociology and law professors from around the world, each describe the law profession in their respective countries: Canada, the US, Scotland, England and Wales, Austra
The introduction of the Human Rights Act has led to an explosion in books on human rights, yet no sustained examination of their history and philosophy exists in the burgeoning literature. At the same time, while human rights have triumphed on the world stage as the ideology of postmodernity, our age has witnessed more violations of human rights than any previous, less enlightened one. This book fills the historical and theoretical gap and explores the powerful promises and disturbing paradoxes of human rights. Divided in two parts and fourteen chapters, the book offers first an alternative history of natural law, in which natural rights represent the eternal human struggle to resist domination and oppression and to fight for a society in which people are no longer degraded or despised. At the time of their birth, in the 18th century, and again in the popular uprisings of the last decade, human rights became the dominant critique of the conservatism of law. But the radical energy, symbolic value and apparently endless expansive potential of rights has led to their adoption both by governments wishing to justify their policies on moral grounds and by individuals fighting for the public recognition of private desires and has undermined their ends. Part Two examines the philosophical logic of rights. Rights, the most liberal of institutions, has been largely misunderstood by established political philosophy and jurisprudence as a result of their cognitive limitations and ethically impoverished views of the individual subject and of the social bond. The liberal approaches of Hobbes, Locke and Kant are juxtaposed to the classical critiques of the concept of human rights by Burke, Hegel and Marx. The philosophies of Heidegger, Strauss, Arendt and Sartre are used to deconstruct the concept of the (legal) subject. Semiotics and psychoanalysis help explore the catastrophic consequences of both universalists and cultural relativists when they become convinced about their correctness. Finally, through a consideration of the ethics of otherness, and with reference to recent human rights violations, it is argued that the end of human rights is to judge law and politics from a position of moral transcendence. This is a comprehensive historical and theoretical examination of the discourse and practice of human rights. Using examples from recent moral foreign policies in Iraq, Rwanda and Kosovo, Douzinas radically argues that the defensive and emancipatory role of human rights will come to an end if we do not re-invent their utopian ideal.
A timely and multifaceted portrait of the lawyers who serve the diverse constituencies of the conservative movement, Lawyers of the Right explains what unites and divides lawyers for the three major groups—social conservatives, libertarians, and business advocates—that have coalesced in recent decades behind the Republican Party. Drawing on in-depth interviews with more than seventy lawyers who represent conservative and libertarian nonprofit organizations, Ann Southworth explores their values and identities and traces the implications of their shared interest in promoting political strategies that give lawyers leading roles. She goes on to illuminate the function of mediator organizations—such as the Heritage Foundation and the Federalist Society for Law and Public Policy—that have succeeded in promoting cooperation among different factions of conservative lawyers. Such cooperation, she finds, has aided efforts to drive law and the legal profession politically rightward and to give lawyers greater prominence in the conservative movement. Southworth concludes, though, that tensions between the conservative law movement’s elite and populist elements may ultimately lead to its undoing.