The Tools of Argument

The Tools of Argument

If you are a law student or new lawyer, a business professional or a government official, this book will boost your analytical thinking, your foundational legal knowledge, and your confidence as you win arguments for your clients, your ...

Author: Joel P Trachtman

Publisher: CreateSpace

ISBN: 1481246380

Category: Law

Page: 186

View: 460

Joel Trachtman's book presents in plain and lucid terms the powerful tools of argument that have been honed through the ages in the discipline of law. If you are a law student or new lawyer, a business professional or a government official, this book will boost your analytical thinking, your foundational legal knowledge, and your confidence as you win arguments for your clients, your organizations or yourself.
Categories: Law

Socratic Questioning for Therapists and Counselors

Socratic Questioning for Therapists and Counselors

... relationship between irrational beliefs and automatic thoughts in predicting distress. Journal of Cognitive and Behavioral Psychotherapies, 7(1), 1–9. Trachtman, J. P. (2013). The tools of argument: How the best lawyers think, argue ...

Author: Scott H. Waltman

Publisher: Routledge

ISBN: 9781000169461

Category: Psychology

Page: 288

View: 615

This book presents a framework for the use of Socratic strategies in psychotherapy and counseling. The framework has been fine-tuned in multiple large-scale cognitive behavior therapy (CBT) training initiatives and is presented and demonstrated with applied case examples. The text is rich with case examples, tips, tricks, strategies, and methods for dealing with the most entrenched of beliefs. The authors draw from diverse therapies and theoretical orientation to present a framework that is flexible and broadly applicable. The book also contains extensive guidance on troubleshooting the Socratic process. Readers will learn how to apply this framework to specialty populations such as patients with borderline personality disorder who are receiving dialectical behavior therapy. Additional chapters contain explicit guidance on how to layer intervention to bring about change in core belief and schema. This book is a must read for therapists in training, early career professionals, supervisors, trainers, and any clinician looking to refine and enhance their ability to use Socratic strategies to bring about lasting change.
Categories: Psychology

Research Methods in International Law

Research Methods in International Law

Joel P. Trachtman, The Tools of Argument: How the Best Lawyers Think, Argue, and Win, (CreateSpace Independent Publishing Platform 2013). 2 3 analysis of international law making (section 3). The fourth section 366 21.

Author: Deplano, Rossana

Publisher: Edward Elgar Publishing

ISBN: 9781788972369

Category: Law

Page: 544

View: 190

This timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice.
Categories: Law

International Economic Law and Governance

International Economic Law and Governance

His recent books include The Tools of Argument: How the Best Lawyers Think, Argue, and Win; The Future of International Law: Global Government; The International Law of Economic Migration: Toward the Fourth Freedom; Ruling the World: ...

Author: Julien Chaisse

Publisher: Oxford University Press

ISBN: 9780191084133

Category: Law

Page: 624

View: 493

Nation states have long and successfully claimed to be the proper and sovereign forum for determining a country's international economic policies. Increasingly, however, supranational and non-governmental actors are moving to the front of the stage. New forms of multilateral and global policy-making have emerged, including states and national administrations, key international organizations, international conferences, multinational enterprises, and a wide range of transnational pressure groups and NGOs that all claim their share in exercising power and influence on international and domestic policy-making. In honour of Professor Mitsuo Matsushita's intellectual contributions to the field of international economic law, this volume reflects on the current state and the future of international economic law. The book addresses a broad spectrum of themes in contemporary international economic regulations and focuses specifically on the significant areas of Professor Matsushita's scholarship, including the rise of the soft-law mechanism in international economic regulation, the role of the WTO and dispute settlement, and specific areas such as competition, subsidies, anti-dumping, intellectual property, and natural resources. Part one of the volume provides a comprehensive and critical analysis of the rule-based international dispute settlement mechanisms; Part two investigates the normative influences to and from WTO law; and Part three focuses on policy and law-making issues.
Categories: Law

Trade Law Domestic Regulation and Development

Trade Law  Domestic Regulation and Development

Recent books include The Tools of Argument: How the Best Lawyers Think, Argue, and Win (Createspace, 2013); The Future of International Law: Global Government (Cambridge University Press, 2013); The International Law of Economic ...

Author: Joel P Trachtman

Publisher: World Scientific

ISBN: 9789814635738

Category: Business & Economics

Page: 464

View: 192

Trade Law, Domestic Regulation and Development is about the relationship between trade, regulation and development. By combining law and economics perspectives on the international trading system, Trachtman takes an interdisciplinary approach in analyzing the topic of globalization and economic development. In a developing economy, as globalization proceeds, a critical factor is the relationship between liberalization of movement of goods, services, and people, on the one hand, and the right to regulate, including the right to regulate for development, on the other hand. In the context of market access, all countries need the right to restrict imports of goods or services that may hurt consumers or the broader society, and developing countries sometimes need the ability to subsidize their own goods and services, or sometimes to restrict imports of goods or services, in order to promote development. Nonetheless, both developed and developing countries often fall into the trap of regulating for protectionist or corrupt reasons. Finding the right balance between market access and regulation is the subject of analysis in this collected volume of 16 papers by Trachtman, and presented in a manner that is accessible and interesting to both law and economics readers. In Trachtman's own words, "The purpose of [international] trade law in this context [globalization] seems to be to allow states to agree to avoid creating these inefficient policy externalities, not to force all states to dance to the same tune." Errata(s) Errata (24 KB) Contents:IntroductionTrade Law and Domestic Regulation:Philippines — Taxes on Distilled Spirits: Like Products and Market Definition (with Damien Neven)Brazil — Measures Affecting Imports of Retreaded Tyres: A Balancing Act (with Chad P Bown)Continued Suspense: EC–Hormones and WTO Disciplines on Discrimination and Domestic Regulation (with Bernard Hoekman)Embedding Mutual Recognition at the WTOIncomplete Harmonization Contracts in International Economic Law: Report of the Panel, China — Measures Affecting the Protection and Enforcement of Intellectual Property Rights, WT/DS362/R, adopted 20 March 2009 (with Kamal Saggi)Canada–Wheat: Discrimination, Non-Commercial Considerations, and the Right to Regulate Through State Trading Enterprises (with Bernard Hoekman)Regulatory Jurisdiction and the WTOThe World Trading System, the International Legal System and Multilevel ChoiceTrade Law and Development:Incorporating Development among Diverse MembersDoing Justice: The Economics and Politics of International Distributive JusticeThe WTO and Development Policy in China and IndiaLegal Aspects of a Poverty Agenda at the WTO: Trade Law and 'Global Apartheid'Systemic Concerns Regarding WTO Law:The WTO CathedralJurisdiction in WTO Dispute SettlementNegotiations on Domestic Regulation and Trade in Services (GATS Article VI): A Legal Analysis of Selected Current IssuesToward Open Recognition? Standardization and Regional Integration under Article XXIV of GATT Readership: Advanced postgraduate students in law taking modules in international trade and developmental economics, and also vice versa. Key Features:Provides a unique economic analysis of legal problems of globalizationExamines the problem of the "right to regulate" in detailExplains the relationship between trade liberalization and developmentKeywords:Trade;WTO;International Law;Globalization;Right to Regulate;Development
Categories: Business & Economics

Paul Tillich and Religious Socialism

Paul Tillich and Religious Socialism

Trachtman, Joel P. The Tools of Argument: How the Best Lawyers Think, Argue, and Win. North Charleston, SC: CreateSpace, 2013. United Nations. “Promote inclusive and sustainable economic growth, employment and decent work for all.

Author: Kirk R. MacGregor

Publisher:

ISBN: 9781793605078

Category: Christian socialism

Page: 210

View: 115

This constructive theological work enhances Tillich's German religious socialism by creatively integrating it with Tillich's theological insights throughout his American career. Bringing Tillich into conversation with contemporary developments in just peacemaking, this book presents a refurbished version of religious socialism.
Categories: Christian socialism

The Force of Logic

The Force of Logic

In this book, Rice builds on the theoretical foundation of formal logic by demonstrating logical fallacies through the use of anecdotes, examples, graphical illustrations, and exercises for you to try that are derived from common case ...

Author: Stephen M. Rice

Publisher: Wolters Kluwer

ISBN: 9781601566102

Category: Law

Page: 411

View: 980

Have you ever read a legal opinion and come across an odd term like the fallacy of denying the antecedent, the fallacy of the undistributed middle, or the fallacy of the illicit process and wondered how you missed that in law school? You’re not alone: every day, lawyers make arguments that fatally trespass the rules of formal logic—without realizing it—because traditional legal education often overlooks imparting the practical wisdom of ancient philosophy as it teaches students how to “think like a lawyer.” In his book, The Force of Logic: Using Formal Logic as a Tool in the Craft of Legal Argument, lawyer and law professor Stephen M. Rice guides you to develop your powers of legal reasoning in a new way, through effective tips and tactics that will forever change the way you argue your cases. Rice contends that formal logic provides tools that help lawyers distinguish good arguments from bad ones and, moreover, that they are simple to learn and use. When you know how to recognize logical fallacies, you will not only strengthen your own arguments, but you will also be able to punch holes in your opponent’s—and that can make the difference between winning and losing. In this book, Rice builds on the theoretical foundation of formal logic by demonstrating logical fallacies through the use of anecdotes, examples, graphical illustrations, and exercises for you to try that are derived from common case documents. It is a hands-on primer that presents a practical approach for understanding and mastering the place of formal logic in the art of legal reasoning. Whether you are a lawyer, a judge, a scholar, or a student, The Force of Logic will inspire you to love legal argument, and appreciate its beauty and complexity in a brand new way.
Categories: Law

Winning on Appeal

Winning on Appeal

Rhetorical skills, in the effective use of words to influence or persuade, may properly shape the argument before a lay body, and yet be totally unacceptable when arguing points of law to a court. Although arguments of distraction are ...

Author: Tessa L. Dysart

Publisher: Wolters Kluwer

ISBN: 9781601567253

Category: Law

Page: 453

View: 602

When the late Ruggero J. Aldisert wrote Winning on Appeal in 1992, it became an instant classic in law school classrooms and appellate law practices across the country. To celebrate the twenty-fifth anniversary of the book’s release, Tessa L. Dysart and Leslie H. Southwick carry on the Aldisert tradition of revealing the "nuts and bolts" of how to prepare an effective brief with the nuanced art of a delivering a persuasive appeal to the court. Their meticulously rendered update is replete with dozens of interviews with leading appeals judges and practitioners—treasured guidance from a bona fide who’s who of appellate advocacy in America—and escorts readers into the “wired” courtroom of the twenty-first century, where they explore the benefits and challenges of melding technology with appellate advocacy. With a Foreword penned by U.S. Supreme Court Associate Justice Samuel A. Alito, Jr., Winning on Appeal conveys the perfect blueprint for any lawyer who wants to win on appeal. Reviews "I argued before Judge Aldisert as a young attorney, and I learned from the experience of trying to hold my own in front of the former Marine. I will certainly never forget those occasions. Arguing before Judge Aldisert was the best (and therefore the most demanding) Socratic experience imaginable. Woe to the lawyer who was unprepared or, worse yet, tried to pull something on the court! But to paraphrase that famous Sinatra song, if you could make it arguing in front of Judge Aldisert, you could make it anywhere. I am very pleased that Rugi’s teaching will live on after him in this new edition of Winning on Appeal. For new appellate advocates, this volume should be required reading. I wish that it had been available when I argued my first case. For more experienced attorneys, the book contains advanced tips and reminders that may serve as a corrective against the bad habits that are easy to acquire. For any attorney who wants to know how to win on appeal, this is where to look." — Samuel A. Alito, Jr., Associate Justice, U.S. Supreme Court
Categories: Law

The Winning Argument

The Winning Argument

In a way , lawyers are always in school , fine - tuning the tools of our profession , honing our skills as orators ... textbook learning , memorizing hornbook law , and analyzing appellate cases to foster logical legal thinking .

Author: Ronald J. Waicukauski

Publisher: American Bar Association

ISBN: 1570739382

Category: Business & Economics

Page: 182

View: 666

Three experienced trial lawyers examine twelve characteristics of a winning argument and present the rudiments and sophisticated levels of persuasion based upon ancient and modern techniques. An understanding of these basic principles will help you develop and present an effective argument before a judge, jury, a colleague or in mediation.
Categories: Business & Economics

Point Well Made

Point Well Made

The wealth of knowledge you will gain by reading Point Well Made is quickly and easily reviewed, thanks to the many tables summarizing and highlighting the concrete tools the book provides. Unsure how to respond to a judge’s question?

Author: Nancy Vaidik

Publisher: Wolters Kluwer Law & Business

ISBN: 9781601569431

Category: Law

Page: 348

View: 898

Persuasive, engaging oral argument is breathtaking. Envision a self-assured attorney leading the court through the salient points of the case, deftly addressing questions from the bench, and steering those questions to the next relevant topic. It’s like watching a magician at work. Think that magic is beyond you? Think again. You can learn to be a persuasive oral advocate with the tips and advice in Point Well Made: Persuasive Oral Advocacy. Whether you are a first-year law student prepping for your Moot Court presentation, a public defender managing mountains of motions, an appellant or respondent on appeal before a panel, or a seasoned lawyer arguing in front of the US Supreme Court, you need Point Well Made. Indiana Court of Appeals Judge Nancy Vaidik and international legal communications coach Rebecca Diaz-Bonilla again bring their expertise to your fingertips. This completely revised and expanded edition of Point Well Made gets even more “under the hood” of judges, pointing out ways to recognize the reactions of your audience and effectively persuade. You will learn how to prepare the right notes for your hearings, so you are confident in your facts, theories, and themes. You will also learn to handle a judge’s questions, how to deal with multi-judge panels, when and how to pivot when the court is unpersuaded, and how to lay out your argument to the best advantage. In addition to helping you address the facts of your legal arguments, Point Well Made will enhance your presentation skills—how to deliver the motion with successful voice and body language techniques to capture the attention and trust of your listeners. Examples and exercises throughout the book help you practice your skills and learn from the experience of other attorneys. The wealth of knowledge you will gain by reading Point Well Made is quickly and easily reviewed, thanks to the many tables summarizing and highlighting the concrete tools the book provides. Unsure how to respond to a judge’s question? The tables spell out effective responses. Nervous about an upcoming argument? Review the tables for methods of relieving your jitters. Dialing into your first remote hearing? Point Well Made provides a step-by-step guide. Expanded to address appellate argument and remote hearings, the new edition of Point Well Made is a hands-on, practical guide that helps you develop persuasive themes, effectively convey your facts, simplify the law, gain insight into your particular judge(s) so you can customize your argument, and answer challenging questions with confidence.
Categories: Law