FREE GROUND SHIPPING on all ABA Book and CLE orders through January 25, 2009!
Letter from the Publisher
Dear Colleagues:
As we close the book on 2008, the uncertainty of the new year tests our courage and our endurance, and invites us to arm ourselves with new learning. At the ABA, our answer is to ring in the new year with a list of five resolutions and the books to help achieve them.
Those who file section 2255 proceedings recognize the special procedures and concerns that can arise when a prisoner moves to vacate, set aside, or correct a federal conviction or sentence under 28 U.S.C. § 2255. One problem involves timing—that is, filing too early or too late.
Over 50 years ago, the Supreme Court stated memorably in Brown v. Board of Education that "education is perhaps the most important function of state and local governments." In the aftermath of Hurricane Katrina, the Mississippi Gulf Coast public school districts served a civic function much greater than the narrow instructional role attributed to most schools.
Despite your best efforts in jury selection, you are almost certain to have some jurors who are at least somewhat emotion-driven, so you will have to persuade them, too. How do you persuade an emotion-driven juror with a logic-driven attack on an expert? There are several ways.
A mediator’s most important attribute when faced with an apparent impasse is the willingness to plug on. If neutrals falter, however, lawyers should urge them to keep going, perhaps offering the neutral a small concession as a “carrot” with which to work.
Filing a qui tam suit can put the relator at significant personal and professional discomfort, and even risk. The False Claims Act requires that the suit be filed under seal. In most cases, the defendant is not served until the government completes its investigation.
Because they can be a powerful ally in the practice of law. Whether you are a business lawyer or a trial lawyer, you will find spreadsheets to be incredibly handy tools for calculating, sorting, filtering, and charting data. So handy, that every lawyer should know how to use them. Once you do, you will find lots of reasons to put them into action.
"Informed consent" based upon the principle of patient autonomy provides the apex of today's legal decision making for medical treatment. To give informed consent, patients must understand treatment options along with potential risks and benefits. Yet studies show that a signed consent form does not guarantee the patient’s understanding. In fact, many patients view the consent form as a formality meant to protect the doctor or the institution.
The ABA Book Briefs Podcast is a series of audo interviews, discussions, and readings from ABA Books. Our Feature Podcasts are about 10-15 minutes in length and come out once a month. Occasionally we offer Special Podcasts. You can listen to each podcast individually or you can subscribe to receive them automatically when they are released.
Legal Writing with Bryan Garner In this episode of the ABA Book Briefs Podcast legal writing expert Bryan Garner author of the new ABA Book Garner on Language and Writing shares his views on modern the state of modern legal writing and provides guidance on how you can become a better writer.
Professor James McElhaney, one of the most sought-after speakers on trial practice today, brings a wealth of insight and his signature wit to a critical area of litigation. In this three-part audio program, Professor McElhaney shows you how to:
Guide discovery, and your depositions, with a winning story for the case
Evaluate what's available in your discovery toolbox
Craft the discovery plan that fits your case
and much more. The audio program is accompanied by a handbook, which includes checklists and potential deposition questions that you will want to review before every deposition.
Is your writing tight, clear, interesting, and persuasive?
This online series of one-hour advanced writing courses offers a fast-paced, intuitive experience, filled with animated lessons and exercises that will make you a better writer.
Kinder introduces a whole new system for quickly spotting problems, many of which you never knew existed. He explains the ideas simply and illustrates them graphically, then provides exercises culled from opinions, briefs, memoranda, letters, and contracts. When you've finished the exercises, he gives you immediate feedback.
This special package includes two weeks of access to Parts I, II, and III:
Part I–Clear & Concise: Getting Rid of the Junk
Part II—Bright & Lively: Getting Rid of the Dull
Part III—Fast & Forward: Accelerating the Pace
ABA Publishing Practice Essentials—Articles
Now you can have instant access to articles previously available only to members of certain ABA entities. Articles from Litigation, Probate & Property, The SciTech Lawyer, and Experience are available as searchable PDF downloads.
