Law & Society: The Legal Profession eJournal最新文献_第2页

Pulling Back the Curtain: Implicit Bias in the Law School Dean Search Process 拉开帷幕:法学院院长遴选过程中的内隐偏见

Law & Society: The Legal Profession eJournal Pub Date : 2019-02-23 DOI: 10.2139/SSRN.3241031

Michele Benedetto Neitz

{"title":"Pulling Back the Curtain: Implicit Bias in the Law School Dean Search Process","authors":"Michele Benedetto Neitz","doi":"10.2139/SSRN.3241031","DOIUrl":"https://doi.org/10.2139/SSRN.3241031","url":null,"abstract":"The dean search process can be viewed as a bellwether for the health of a law school. Within the microcosm of a civilized “dean search committee” can lie the tensions of rival factions attempting to impose their visions for the next chapter of the law school enterprise. If law school revenue is down, the factions may be fighting for their own survival. \u0000 \u0000Not surprisingly, therefore, the dean search process is a lightning rod for the stresses facing law school faculty and staff and university administrators. As a result, the implicit biases of individuals and institutions can play a major (if unseen) role in the selection of a dean. Despite the regularity of dean searches in American law schools, no scholar to date has fully examined the ramifications of implicit bias in the dean search process. \u0000 \u0000This article stems from my experience chairing multiple dean searches and my research interest in the causes and effects of implicit bias. Part II reviews the role of a law school dean, with special consideration of the ways the Great Recession and its effects transformed the role of the dean. Part III describes the typical dean search process and evaluates dean diversity statistics to determine which candidates are selected for these powerful roles in today’s law schools. Part IV introduces the concept of implicit bias, specifically focusing on in-group favoritism. Part IV also analyzes the ways implicit biases can manifest in the dean search process, focusing on racial, gender, socioeconomic, and sexual orientation biases. Finally, Part V suggests recommendations to minimize implicit bias on the part of dean search committees, and offers new and creative ways to change the traditional dean search process.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122274934","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Legal Profession in the Era of Digital Capitalism: Disruption or New Dawn? 数字资本主义时代的法律职业:颠覆还是新曙光?

Law & Society: The Legal Profession eJournal Pub Date : 2019-01-04 DOI: 10.3390/LAWS8010001

Salvatore Caserta, M. Madsen

{"title":"The Legal Profession in the Era of Digital Capitalism: Disruption or New Dawn?","authors":"Salvatore Caserta, M. Madsen","doi":"10.3390/LAWS8010001","DOIUrl":"https://doi.org/10.3390/LAWS8010001","url":null,"abstract":"This article investigates the impact of what we label “digital capitalism” on the structure and organization of the legal profession. We explore whether the rise of digital capitalism is transforming the dynamics of the legal field by the introduction of new actors and ways of practicing law, which might challenge the traditional control (and monopoly) of jurists on the production of law. We find that not only have new service providers already entered the legal market, but also new on-line tools for solving legal disputes or producing legal documents are gaining a foothold. Similarly, we also find that new intelligent search systems are challenging the role of junior lawyers and paralegals with regard to reviewing large sets of documents. However, big data techniques deployed to predict future courts’ decisions are not yet advanced enough to pose a challenge. Overall, we argue that these developments will not only change legal practices, but are also likely to influence the internal structure and organization of the legal field. In particular, we argue that the processes of change associated with digitalization is further accelerating the economization and commodification of the practice of law, whereby lawyers are decreasingly disinterested brokers in society and defenders of the public good, and increasingly service firms at the cutting edge of the capitalist economy. These developments are also triggering new forms of stratification of the legal field. While some legal actors will likely benefit from digitalization and expand their business, either by integrating new technologies to reach more clients or by developing new niche areas of practices, the more routinized forms of legal practice are facing serious challenges and will most likely be replaced by technology and associated service firms.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132518627","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 21

Legal Realist Innovation in the Wisconsin Law School Curriculum 1950-1970: Four Influential Introductory Courses 1950-1970年威斯康星州法学院课程中的法律现实主义创新:四门有影响的导论课程

Law & Society: The Legal Profession eJournal Pub Date : 2018-12-21 DOI: 10.2139/SSRN.3313483

W. Clune

{"title":"Legal Realist Innovation in the Wisconsin Law School Curriculum 1950-1970: Four Influential Introductory Courses","authors":"W. Clune","doi":"10.2139/SSRN.3313483","DOIUrl":"https://doi.org/10.2139/SSRN.3313483","url":null,"abstract":"This paper is about four courses developed by faculty of the Wisconsin Law School from about 1950-1970 that reflected the law-in-action instructional goals of American legal realism: Legal history by Willard Hurst; Criminal Justice Administration by Frank Remington, Herman Goldstein and colleagues; The Wisconsin contracts course by Stewart Macaulay, Bill Whitford and colleagues; Legal Process by Willard Hurst, Lloyd Garrison, Carl Auerbach and colleagues. \u0000 \u0000Eight themes in the courses are discussed: 1. Major flaws in the legal reasoning of appellate decisions (e.g., as internally incoherent, un-predictive of later results, politically biased under the guise of formal reasoning) 2, The importance of practical remedies over theoretical rights 3. The importance of legal agencies and law practice beyond appellate and other court decisions (e.g., legislation, administrative law) 4. The importance and impact of discretionary decisions of lower level public officials (for lawyers and citizens) 5, How private actors react to law and influence outcomes (and the role of lawyers in advising them) 6. Growth of legal policies over time in relationship to the wider society & economy (legal history) 7. The gap between social needs and justice and real legal outcomes and workable legal reforms (political progressivism) 8. The importance of empirical research on law, interdisciplinary research and social scientists on law school faculties or in collaboration with law faculty members.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128930731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

All Roads Lead to Rome: Internationalization Strategies of Chinese Law Firms 条条大路通罗马:中国律师事务所的国际化战略

Law & Society: The Legal Profession eJournal Pub Date : 2018-11-22 DOI: 10.1093/JPO/JOZ005

Jing Li

{"title":"All Roads Lead to Rome: Internationalization Strategies of Chinese Law Firms","authors":"Jing Li","doi":"10.1093/JPO/JOZ005","DOIUrl":"https://doi.org/10.1093/JPO/JOZ005","url":null,"abstract":"On the basis of a hand-collected sample of 123 Chinese law firms, this article offers a comprehensive empirical examination into their globalization efforts. It finds that the majority of the firms have endeavoured to expand overseas than not. The most frequently used strategies are international offices and formal cross-border referral networks. While all law firms are enthusiastic to echo and tag along the government-led ‘Going Out’ initiatives so as to claim legitimacy for their activities, the firms with secondary or lower tier reputation tend to implement it on a more substantive level. Overall, Chinese law firms are still at the initial stage of their internationalization process, and there are considerable discrepancies between actual practices and the formal structures. This is most evident when many of the international offices are in fact associated or merged but subtly marketed as directly invested, thus illustrating that internationalization often carries symbolic value in the eyes of clients. This said, a closer look at the overseas offices with resident lawyers reveals that Chinese law firms are often also calculative entrepreneurs, who know where their competitiveness lies. They purposefully organize their offices to focus on trade route underpinned work, especially the niche market of the outbound Chinese SMEs. As such, pragmatism, entrepreneurship, and state power dynamically interact with each other in shaping the internationalization trajectories of Chinese law firms.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127279261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

A Framework for the New Personalization of Law 新法律人格化的框架

Law & Society: The Legal Profession eJournal Pub Date : 2018-10-23 DOI: 10.2139/ssrn.3271992

A. Casey, Anthony Niblett

引用次数: 10

Fissuring, Data-Driven Governance, and Platform Economy Labor Standards 断裂、数据驱动治理和平台经济劳工标准

Law & Society: The Legal Profession eJournal Pub Date : 2018-07-01 DOI: 10.2139/SSRN.3057635

Brishen Rogers

引用次数: 3

Crowdsourcing & Data Analytics: The New Settlement Tools 众包和数据分析:新的结算工具

Law & Society: The Legal Profession eJournal Pub Date : 2018-04-30 DOI: 10.2139/ssrn.3171186

Bernard H. Chao, C. Robertson, D. Yokum

{"title":"Crowdsourcing & Data Analytics: The New Settlement Tools","authors":"Bernard H. Chao, C. Robertson, D. Yokum","doi":"10.2139/ssrn.3171186","DOIUrl":"https://doi.org/10.2139/ssrn.3171186","url":null,"abstract":"By protecting the right to a jury, the State and Federal Constitutions recognize the fundamental value of having civil and criminal disputes resolved by laypersons. However actual trials are relatively rare, in part because parties seek to avoid the risks and cost of trials, and courts seek to clear dockets efficiently. Even as settlement may be desirable, it is sometimes difficult to resolve a dispute. Parties naturally view their cases from different perspectives, and these perspectives often cause both sides to be overly optimistic, seeking unreasonably large or unreasonably small resolutions. This article describes a novel method of incorporating layperson perspectives to provide parties more accurate information about the value of their case. Specifically, we suggest that working with mediators or settlement judges, the parties should create mini-trials and then recruit hundreds of online mock jurors to render decisions. By applying modern statistical techniques to these results, the mediators can show the parties the likelihood of possible outcomes and also collect qualitative information about strengths and weaknesses for each side. These data will counter the parties’ unrealistic views and thereby facilitate settlement.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132317568","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Measuring Legal Service Value 衡量法律服务价值

Law & Society: The Legal Profession eJournal Pub Date : 2018-03-20 DOI: 10.2139/ssrn.3144771

N. Semple

{"title":"Measuring Legal Service Value","authors":"N. Semple","doi":"10.2139/ssrn.3144771","DOIUrl":"https://doi.org/10.2139/ssrn.3144771","url":null,"abstract":"This article proposes a theoretical foundation for measuring legal service value. It aims to support efforts to compare the value of offerings from different law firms, as well as alternative legal service providers. \u0000 \u0000The value of any legal service depends on (i) its effectiveness, (ii) its affordability, (iii) the experience it creates for its clients, and (iv) third party effects (the impact the service-provider has on people other than the client). \u0000 \u0000These four elements of value can be quantified through various metrics applied to firms or entities that provide a given service. Output metrics evaluate either the actual real-world impact of a legal service service, or the written and oral work products of the firm. Internal metrics check for processes or structures within a firm that demonstrably support high value outputs. Input metrics focus on the attributes and credentials of the individuals who provide the service. \u0000 \u0000This article concludes that measuring legal service value is challenging, and may be dangerous if done poorly. Nevertheless, the rewards justify the challenge. Higher quality legal professionalism, more effective and less burdensome regulation, and consumer empowerment are among the payoffs if we can find better ways to measure legal service value.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121483613","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The 21st Century Lawyer: Challenges and Prospects 21世纪律师:挑战与展望

Law & Society: The Legal Profession eJournal Pub Date : 2018-02-20 DOI: 10.2139/ssrn.3270279

Kingsley Ugochukwu Ani

引用次数: 0

Strategies for Sourcing of Legal Services: Sector Study of Bulgarian Top 100 Non-Financial Corporations 法律服务采购策略:保加利亚百强非金融企业部门研究

Law & Society: The Legal Profession eJournal Pub Date : 2018-01-17 DOI: 10.2139/ssrn.3222180

Anton Petrov

{"title":"Strategies for Sourcing of Legal Services: Sector Study of Bulgarian Top 100 Non-Financial Corporations","authors":"Anton Petrov","doi":"10.2139/ssrn.3222180","DOIUrl":"https://doi.org/10.2139/ssrn.3222180","url":null,"abstract":"On the background of an evolving legal market there is a debate in both theory and practice about the role of in-house general counsels (GCs). This paper aims to contribute to the discussion by studying the organization of legal departments in large Bulgarian non-financial corporations and their modes of collaboration with external providers of legal services. The research seeks to establish how Bulgarian GCs take decisions about ‘making’ or ‘buying’ legal services, to examine the factors that determine the strategic choice of sourcing and collaboration and to provide a framework for its analysis. Semi-structured interviews were conducted with GCs selected by convenience in terms of accessibility from the ‘K100’ ranking of the Bulgarian business weekly ‘Capital’ (2017 version). The panel comprises 14 respondents but due to presence of interrelations and shared service centres the sample covers over 20 companies. The analysis shows that ‘making’ is preferred over ‘buying’ when it concerns ‘blended advice’ requiring both legal knowledge and organization specific business knowledge. Market dynamics affect the strategy choice and variations in the supplier portfolio design result from the pursuit of two contradicting goals: reduced cost and increased security. Bargaining-based contracting allows better cost management but also isolates the supplier. Close collaboration and investment in relationship development mitigate uncertainty concerns permitting closer integration between legal departments and law firms. A simplified decisional matrix is proposed distinguishing between 4 generic strategies: ‘Open portfolio’, ‘Preferred supplier’, and two ‘Closed panel’ variations – with and without competition.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115769283","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0