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Alan S. Nemeth
"v." represents "versus" which is found in legal case names, such as Marbury v. Madison and Roe v. Wade. The book "v." uses legal cases and documents to provide guidance as readers examine issues of law and their impact on society. The reverse is also explored, so that readers become aware of how society in turn influences the law. Rather than discussing law and legal concepts as they are interpreted by the author, the book excerpts both old and new case law, court transcripts, and other material to highlight legal issues that are pertinent today.
As law and society change over time, so too do the fields of law in which an attorney can practice. The unique opening chapter of this book examines animal law, a relatively new and rapidly growing legal field. The issues contained in this first chapter provide an entry point to the broader focus of the book: the law, an ever-changing society, and the relationship between the two. Vote totals for each Supreme Court case presented are also included, which encourage discussion on a particular issue's importance to society or the polarization of society on that issue. -
N. Jeremi Duru
Following the NFL's desegregation in 1946, opportunities became increasingly plentiful for African American players--but not African American coaches. Although Major League Baseball and the NBA made progress in this regard over the years, the NFL's head coaches were almost exclusively white up until the mid-1990s. Advancing the Ball chronicles the campaign of former Cleveland Browns offensive lineman John Wooten to right this wrong and undo decades of discriminatory head coach hiring practices--an initiative that finally bore fruit when he joined forces with attorneys Cyrus Mehri and Johnnie Cochran. Together with a few allies, the triumvirate galvanized the NFL's African American assistant coaches to stand together for equal opportunity and convinced the league to enact the "Rooney Rule," which stipulates that every team must interview at least one minority candidate when searching for a new head coach. In doing so, they spurred a movement that would substantially impact the NFL and, potentially, the nation. Featuring an impassioned foreword by Coach Tony Dungy, Advancing the Ball offers an eye-opening, first-hand look at how a few committed individuals initiated a sea change in America's most popular sport and added an extraordinary new chapter to the civil rights story.
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Roger Fairfax
Grand Jury 2.0: Modern Perspectives on the Grand Jury challenges the American legal culture to re-imagine the grand jury and proposes ways to adapt the grand jury's proud heritage to the needs and realities of modern criminal justice. Chapters provide a rare peek into the black box of grand juror deliberations, reflect on empirical evidence related to the grand jury's often overlooked role in charging and plea bargaining practices, and explore what state grand juries tell us about the institution's potential. Other chapters re-examine the grand jury's seemingly settled historical narrative, emphasize the role the grand jury can perform in empowering and giving voice to citizens and local communities, consider whether the grand jury has a discretionary role to play in the initiation of criminal proceedings, highlight the ways in which grand juries have been employed in the War on Terror, and suggest how the grand jury can add value beyond performing its traditional roles – both inside and outside the criminal justice system.
Fairfax brings together essays written by leading legal scholars and jurists to re-examine the role of the American grand jury, one of the oldest protections known to the American constitutional order. The book's synthesis of criminal law and procedure theory and analysis along with concrete policy proposals makes it required reading for any scholar, student, jurist or lawyer interested in the past, present, or future of the American grand jury.
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Rebecca Hamilton
Fighting for Darfur is the story of what happened when regular citizens took up this twenty-first-century challenge, adopting as their own concern the human rights of people in a remote region of the world that most Americans will never see, and demanding that their elected representatives do the same. Year after year, they held rallies, lobbied Congress, harangued newspaper editors, wrote letters to world leaders, and undertook an array of creative online activities to bring Darfur to the attention of those in power.
At the beginning of the citizen movement for Darfur the key, and somewhat uncomfortable, question was whether the American public, so derided overseas for its parochialism, cared enough about a crisis in Africa to put in the work required to move the behemoth U.S. political system to action. Six years later, this question can be answered resoundingly in the affirmative. While many millions of Americans still do not know about the atrocities that have taken place in Darfur, many millions do — and a meaningful segment among them have taken that knowledge, expanded on it, and turned themselves into tireless and increasingly sophisticated lobbyists for the cause. As one U.S. government official told me, citizen advocates turned Darfur into a domestic issue, an achievement that cannot be overstated.
But now there are new, even less comfortable, questions to be asked. What effect has this remarkable citizens’ movement had on the policy options pursued, and what effect have these policies had on Darfuris and their nation?
As the Darfur movement gained increasing media attention, many a commentator fell into the trap of attributing any policy decision — good, bad, or otherwise — to advocates. But advocacy, even at its most influential, is just one of the many drivers of a system as complex as foreign policy formulation. In starting this research, it was readily apparent that to try and understand what, if any, impact advocacy had on policy, I would need to look at the policy process as a whole and learn about all the other factors influencing policy at any given time, rather than just looking at what advocates were doing. To date, Darfur advocacy has been both blamed and credited for things that were not the consequence of its actions alone or, in some cases, of its actions at all. Part of the motivation for writing this book was to balance the excesses on both sides of this policy influence matter.
The Darfur movement is just one case of a citizen movement and only time will tell whether its lessons can be generalized. Moreover, the most interesting questions usually butt up against a counterfactual that cannot be known — namely, what would have transpired in the absence of the Darfur movement. Nevertheless, the questions I attempt to answer are: Given what we know about the history of U.S. government responses to genocide and mass atrocity, is there reason to believe that the citizen movement led the U.S. government to do anything beyond what we would have expected in the movement’s absence? If not, why not? If so, did these U.S. government actions lead to improvements on the ground in Darfur? And if they did not, then why not and what could have?
Addressing these questions led me into a second layer of issues that were not in the minds of those of us who, at the start of this new century, pinned our hopes for an end to genocide and mass atrocity on the outcry of an engaged American public: What are the options for stopping genocide when — as in Darfur — the U.S government alone does not have enough influence over the state committing the crimes to stop them? What is the future of a U.S.-based citizen movement against genocide and mass atrocity in such a scenario?
The basic structure of the book is chronological. The story takes us from the Darfur massacres of 2003 (when mainstream media and global attention was focused solely on the peace negotiations underway between the north and south of Sudan), to the subsequent shift in focus on Darfur, and finally to the aftermath of the Sudanese national elections in 2010. Individual chapters tackle the policy decisions that commentators have attributed to the Darfur advocacy movement. The final chapter stands alone as a summary what government action was and was not attributable to advocacy, what impact those actions had on the situation in Darfur, and what the Darfur story suggests might be needed to move toward a world without genocide and mass atrocity.
The four parts of this book roughly track the life of the advocacy movement from nonexistence in 2003, to emergence in the shadow of lessons from the 1994 genocide in Rwanda, and then rapidly to substantial influence in the U.S. political realm. But by late 2006 the advocacy movement began to flounder as advocates realized that the United States alone could not “save Darfur” and began to seek other channels through which to pressure Khartoum. Then finally, advocates shifted from focusing on Darfur in isolation to looking at problems between the north and south of Sudan as well.
Today in Darfur, 2.7 million people remain stranded in displaced camps. After rigged Sudanese elections in April 2010 in which most of Darfur’s displaced persons were unwilling or unable to vote, those most responsible for the destruction of their communities have an even greater grip on power than they did at the height of the massacres in 2003 and 2004. To that extent, Fighting for Darfur falls into the bleak body of work that documents the repetitive occurrence of genocide and mass atrocity and the equally repetitive failure to stop it. This time, the story came with a twist, as thousands of regular citizens did their utmost to change this depressing trajectory. But in no way can Darfur be seen as a “success story.” So is this the point at which we all throw up our hands and dismiss as idealistic any hope that mass murder will not continue into the future as it has throughout the centuries? Actually, Fighting for Darfur offers a sliver of a silver lining.
Until Darfur, the persistent failure of the U.S. government to protect civilians from genocidal violence could be all-too-easily attributed to and justified by the absence of a politically relevant outcry from citizens. The insufficiency of that alibi has now been revealed. By telling the story of what happened when citizens did create an outcry, Fighting for Darfur enables us to take the next step and begin to understand the other missing pieces of the genocide prevention puzzle.
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David B. Hunter
The Yearbook of International Environmental Law has established itself as a vital source of information and analysis in an increasingly important legal field. The contributors for this volume are drawn from leading figures around the world who, together with the expert team of editors, have created the best source of information on world-wide events in this field. The article section contains high quality essays on topical subjects and the year-in-review section offers a round-up of legal developments in every part of the world. The third section of the Yearbook contains extensive reviews of recently published books in the area.
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Peter Jaszi and Patricia Aufderheide
In the increasingly complex and combative arena of copyright in the digital age, record companies sue college students over peer-to-peer music sharing, YouTube removes home movies because of a song playing in the background, and filmmakers are denied a distribution deal when some permissions “i” proves undottable. Patricia Aufderheide and Peter Jaszi chart a clear path through the confusion by urging a robust embrace of a principle long-embedded in copyright law, but too often poorly understood—fair use. By challenging the widely held notion that current copyright law has become unworkable and obsolete in the era of digital technologies, Reclaiming Fair Use promises to reshape the debate in both scholarly circles and the creative community.
This indispensable guide distills the authors’ years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals into no-nonsense advice and practical examples for content producers. Reclaiming Fair Use begins by surveying the landscape of contemporary copyright law—and the dampening effect it can have on creativity—before laying out how the fair-use principle can be employed to avoid copyright violation. Finally, Aufderheide and Jaszi summarize their work with artists and professional groups to develop best practice documents for fair use and discuss fair use in an international context. Appendixes address common myths about fair use and provide a template for creating the reader’s own best practices. Reclaiming Fair Use will be essential reading for anyone concerned with the law, creativity, and the ever-broadening realm of new media.
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Peter Jaszi, Mario Biagioli, and Martha Woodmansee
Rules regulating access to knowledge are no longer the exclusive province of lawyers and policymakers and instead command the attention of anthropologists, economists, literary theorists, political scientists, artists, historians, and cultural critics. This burgeoning interdisciplinary interest in “intellectual property” has also expanded beyond the conventional categories of patent, copyright, and trademark to encompass a diverse array of topics ranging from traditional knowledge to international trade. Though recognition of the central role played by “knowledge economies” has increased, there is a special urgency associated with present-day inquiries into where rights to information come from, how they are justified, and the ways in which they are deployed.
Making and Unmaking Intellectual Property, edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee, presents a range of diverse—and even conflicting—contemporary perspectives on intellectual property rights and the contested sources of authority associated with them. Examining fundamental concepts and challenging conventional narratives—including those centered around authorship, invention, and the public domain—this book provides a rich introduction to an important intersection of law, culture, and material production.
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Lewis Grossman
Recent outbreaks of illnesses traced to contaminated sprouts and lettuce illustrate the holes that exist in the system for monitoring problems and preventing foodborne diseases. Although it is not solely responsible for ensuring the safety of the nation's food supply, the U.S. Food and Drug Administration (FDA) oversees monitoring and intervention for 80 percent of the food supply. The U.S. Food and Drug Administration's abilities to discover potential threats to food safety and prevent outbreaks of foodborne illness are hampered by impediments to efficient use of its limited resources and a piecemeal approach to gathering and using information on risks. Enhancing Food Safety: The Role of the Food and Drug Administration, a new book from the Institute of Medicine and the National Research Council, responds to a congressional request for recommendations on how to close gaps in FDA's food safety systems. Enhancing Food Safety begins with a brief review of the Food Protection Plan (FPP), FDA's food safety philosophy developed in 2007. The lack of sufficient detail and specific strategies in the FPP renders it ineffectual. The book stresses the need for FPP to evolve and be supported by the type of strategic planning described in these pages. It also explores the development and implementation of a stronger, more effective food safety system built on a risk-based approach to food safety management.
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David Hunter
The Yearbook of International Environmental Law has established itself as a vital source of information and analysis in an increasingly important legal field. The contributors for this volume are drawn from leading figures around the world who, together with the expert team of editors, have created the best source of information on world-wide events in this field. The article section contains high quality essays on topical subjects and the year-in-review section offers a round-up of legal developments in every part of the world. The third section of the Yearbook contains extensive reviews of recently published books in the area.
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David Hunter and Daniel Bradlow
To whom are international financial organizations accountable? This unusual book asks not only this searching question, but also examines the extent to which accountability is honoured – or evaded – by the International Monetary Fund, the World Bank Group, and the regional development banks (collectively the international financial institutions, or IFIs).
The fundamental recognition in this book is that the issue of what international legal principles are applicable to the operations of the IFIs is an important topic that would benefit from more rigorous study. Twelve deeply committed contributors – whose work spans the academic, policy, and activist spectrum – suggest that a better understanding of these legal issues could help both the organizations and their Member States structure their transactions in ways that are more compatible with their developmental objectives and their international responsibilities.
Five essays set out the general principles of international law that are applicable to the IFIs and consider how these are or should be evolving to produce IFIs that are respectful subjects of international law and accountable to all relevant stakeholders for their compliance with international law. Six more focus on selected aspects of the IFIs’ operations that both raise important and challenging international legal issues and that have substantial impacts on both the different stakeholders in the operations of the IFIs, and on the sustainability and success of the operations. Introductory and concluding essays frame the volume.
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David Hunter and Daniel D. Bradlow
To whom are international financial organizations accountable? This unusual book asks not only this searching question, but also examines the extent to which accountability is honoured – or evaded – by the International Monetary Fund, the World Bank Group, and the regional development banks (collectively the international financial institutions, or IFIs).
The fundamental recognition in this book is that the issue of what international legal principles are applicable to the operations of the IFIs is an important topic that would benefit from more rigorous study. Twelve deeply committed contributors – whose work spans the academic, policy, and activist spectrum – suggest that a better understanding of these legal issues could help both the organizations and their Member States structure their transactions in ways that are more compatible with their developmental objectives and their international responsibilities.
Five essays set out the general principles of international law that are applicable to the IFIs and consider how these are or should be evolving to produce IFIs that are respectful subjects of international law and accountable to all relevant stakeholders for their compliance with international law. Six more focus on selected aspects of the IFIs’ operations that both raise important and challenging international legal issues and that have substantial impacts on both the different stakeholders in the operations of the IFIs, and on the sustainability and success of the operations. Introductory and concluding essays frame the volume.
The many issues raised include the following:
• IFIs’ impact on economic policies in Member States;
• IFI operations as private financial transactions;
• IFIs as key players in the creation of international law;
• IFIs as promoters of the international capitalist system;
• IFIs as bearers of human rights obligations under international human rights law or as participants in the UN system;
• consequences of an IFI’s breach of its own internal policies or directives;
• IFI immunity;
• IFI capacity to sue and to be sued in national courts;
• ability of various claimants to sue IFIs in domestic courts;
• environmental and social rights and interests of third parties affected by IFI financing;
• right of indigenous people to give their free, prior, and informed consent to IFI operations that affect them; and
• IFIs’ treatment of workers’ rights.
Diverse perspectives in terms of experience, political viewpoint, and focus help define the topic with greater clarity and depth.
In its detailed and critical overview, the book demonstrates that the IFIs have important responsibilities under international law and a powerful capacity to influence the development of international law in a number of areas. It is sure to stimulate thought, debate, research, and action on the topic, and encourage more rigorous engagement between the IFIs and international lawyers.
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David Hunter, James Zalzman, and Durwood Zaelke
The most widely adopted text in the field, this comprehensive, multidisciplinary casebook analyzes the major treaty regimes (with an expanded climate chapter), as well as customary law principles. It emphasizes the dynamic nature of the law-making process, including global environmental diplomacy and the expanding role of non-state actors, including scientists, NGOs, and business. It presents the binding norms of international environmental law, and explains how international cooperation facilitates and strengthens global environmental governance through setting national priorities, coordinating bilateral and multilateral science, financing, technology sharing, and capacity building.
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Cynthia E. Jones, Peter J. Henning, Andrew Taslitz, Margaret L. Paris, and Ellen S. Podogor
Mastering Criminal Procedure, Volume 1: The Investigative Stage provides a concise treatment of the relevant federal constitutional doctrines that guide and constrain interactions between the police and individuals in the investigation of criminal conduct. The book provides an overview of the criminal process and the constitutional sources of the criminal procedure rules, including different approaches to constitutional interpretation.
The focus is on the Fourth, Fifth, and Sixth Amendments as they relate to the warrant requirement for searches, exceptions that allow warrantless searches, the seizure of evidence and individuals, and the interrogation of suspects. The book covers the primary topics that arise in the typical law school criminal procedure course, including when the warrant requirement applies, the process for obtaining a valid warrant, the operation of the exclusionary rule, the range of exceptions to the warrant requirement, and arrests and other seizures of individuals and resultant searches of the person.
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Candace S. Kovacic-Fleischer
This edition retains the organization of the seventh edition while thoroughly updating it. The first half of the casebook introduces injunctive relief, damages, restitution, and declaratory relief. The second half of the book creates opportunities to consider these four remedies in the context of tort and contract actions for various types of harm. The updates include recent United States Supreme Court cases on such topics as injunctive relief and punitive damages. New cases in the second half of the book feature such current topics as injunctions against defamatory statements and public nuisance actions against lead paint manufacturers.
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Candace S. Kovacic-Fleischer
The first half of Kovacic-Fleischer, Love, and Nelson’s Equitable Remedies, Restitution and Damages, Cases and Materials introduces injunctive relief, damages, restitution, and declaratory relief. The second half of the book creates opportunities to consider these four remedies in the context of tort and contract actions for various types of harm. The updates include recent U.S. Supreme Court cases on such topics as injunctive relief and punitive damages. New cases in the second half of the book feature current topics such as injunctions against defamatory statements and public nuisance actions against lead paint manufacturers.
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Sima Mirkin
While the Philip C. Jessup International Law Moot Court Competition Compendium set contains records of each year's Jessup Competition in separate volumes, this Subject Indexes & Finding Aids compilation covers the entire set. It is divided into five parts.
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Stephen Wermiel
A sweeping insider look at the life of William Brennan, champion of free speech and widely considered the most influential Supreme Court justice of the twentieth century
Before his death, William Brennan granted Stephen Wermiel access to volumes of personal and court materials that are sealed to the public until 2017. These are what Jeffrey Toobin has called “a coveted set of documents” that includes Brennan’s case histories—in which he recorded strategies behind all the major battles of the past half century, including Roe v. Wade, affirmative action, the death penalty, obscenity law, and the constitutional right to privacy—as well as more personal documents that reveal some of Brennan's curious contradictions, like his refusal to hire female clerks even as he wrote groundbreaking women’s rights decisions; his complex stance as a justice and a Catholic; and details on Brennan’s unprecedented working relationship with Chief Justice Earl Warren. Wermiel distills decades of valuable information into a seamless, riveting portrait of the man behind the Court's most liberal era.
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Paul Williams and Michael P. Scharf
Shaping Foreign Policy in Times of Crisis grew out of a series of meetings that the authors convened with all ten of the living former U.S. State Department legal advisers (from the Carter administration to that of George W. Bush). Based on their insider accounts of the role that international law actually played during the major crises on their watch, the book explores whether international law is real law or just a form of politics that policymakers are free to ignore whenever they perceive it to be in their interest to do so. Written in a style that will appeal to the casual reader and serious scholar alike, the book includes a foreword by the Obama administration's State Department legal adviser, Harold Koh; background on the theoretical underpinnings of the compliance debate; an in-depth case study of the treatment of detainees in the war on terror; and a comprehensive glossary of the terms, names, places, and events that are discussed in the book.
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Elizabeth Boals
Attorneys, order two copies of this book: one for yourself and one for your expert witness. It will give experts the confidence they need to be comfortable in court, and it will give you the skills necessary to emphasize the credibility of your experts. You can avoid pitfalls such as unintentional signals, inappropriate demeanor and appearance, and awkward body language by using Expert Testimony as your guide. With the addition of Elizabeth Boals as a coauthor, the second edition expands and amplifies the original book with
- New guidance for experts and lawyers on the development and presentation of expert testimony in the digital age, including discussion of visual aids and electronic discovery
- Updated analysis of the Federal Rules of Evidence and Federal Rules of Civil Procedure
- Updated discussion of the ethical rules governing expert retention and testimony
- Additional examples of expert witness examinations and detailed discussion of techniques for coping with lawyer questioning
- Additional checklists for quick reference
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Barlow Burke and Robert Beck
This casebook explores the law of hard minerals, as opposed to oil and gas law. It presents the law dealing with mineral estates, mining easements, mineral leases, and mining operations on private land, with particular reference to state and federal regulatory schemes inherent in the federal Surface Mining Control and Regulation Act of 1977 (SMCRA), as amended. From the mine, the book follows the stream of commerce for coal to the electric utility plant, exploring its transportation and the energy and environmental law regulatory schemes applicable at many points along the way, with particular reference to utility rate regulation and the Clean Air Act amendments from the 1970s forward.
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Barlow Burke and Robert Beck
This casebook explores the law of hard minerals, as opposed to oil and gas law. It presents the law dealing with mineral estates, mining easements, mineral leases, and mining operations on private land, with particular reference to state and federal regulatory schemes inherent in the federal Surface Mining Control and Regulation Act of 1977 (SMCRA), as amended. From the mine, the book follows the stream of commerce for coal to the electric utility plant, exploring its transportation and the energy and environmental law regulatory schemes applicable at many points along the way, with particular reference to utility rate regulation and the Clean Air Act amendments from the 1970s forward.
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Angela J. Davis
What happens when public prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving well-to-do victims often prosecuted more vigorously than those involving poor victims? Why do wealthy defendants frequently enjoy more lenient plea bargains than the disadvantaged? In this eye-opening work, Angela J. Davis shines a much-needed light on the power of American prosecutors, revealing how the day-to-day practice of even the most well-intentioned prosecutors can result in unequal treatment of defendants and victims. Ranging from mandatory minimum sentencing laws that enhance prosecutorial control over the outcome of cases, to the increasing politicization of the office, Davis uses powerful stories of individuals caught in the system to demonstrate how the perfectly legal exercise of prosecutorial discretion can result in gross inequities in criminal justice. For the paperback edition, Davis provides a new Afterword which covers such recent incidents of prosecutorial abuse as the Jena Six case, the Duke lacrosse case, the Department of Justice firings, and more.
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Robert Dinerstein, Stephen Ellmann, Isabelle Gunning, Katherine R. Kruse, and Ann Shalleck
Going beyond the basics of interviewing and counseling, this book examines practical and theoretical challenges lawyers face with clients. Each chapter explores a critical issue in interviewing and counseling, such as developing connection across difference; dealing with atypical clients; using engaged client-centered counseling; bringing narrative theory to bear on lawyer-client encounters; seeking truth; pursuing moral dialogue; discussing law; and understanding how expertise affects practice. The book investigates these issues primarily through detailed analysis of multi-layered lawyer-client conversations, arising in a variety of contexts, which invite the reader to consider and critique the lawyer’s choices. A key theme is “engaged client-centered lawyering,” which emphasizes the importance of client choice and the impact of lawyers on clients, and affirms lawyers’ ability, through attending to the evolving contexts of clients’ lives, issues of technique, ethics, and la
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