Law & Society: The Legal Profession eJournal最新文献

{"title":"Lawyers and Embedded Legal Activity in the Southern Civil Rights Movement","authors":"K. Andrews, K. Jowers","doi":"10.1111/lapo.12096","DOIUrl":"https://doi.org/10.1111/lapo.12096","url":null,"abstract":"We introduce the concept of embedded legal activity to capture the ways in which lawyers and legal organizations can become intertwined in the ongoing activities of social movements. Embedded legal activity is characterized by diverse issues and venues and comprises legal activities that help support movement infrastructure, close coordination between movement lawyers and other activists, and responsiveness to constituent needs. Investigating a comprehensive data set on legal activity during the southern civil rights movement, we identify forms of legal activity beyond the typical focus of legal mobilization, including defense for movement participants charged with misdemeanors and other crimes, movement assistance on organization‐level legal matters, and general legal aid to movement constituents. These were by far the more common types of legal activity and emerged from the embeddedness of lawyers in a mass movement. We argue that embedded legal activity is likely where movements prioritize grassroots leadership and community organizing and face significant countermobilization, hostile legal and political opportunity structures, and substantial social and economic inequality.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125108642","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}

{"title":"Reconstructing the Voice of Authority","authors":"Susie Salmon","doi":"10.2139/ssrn.2854244","DOIUrl":"https://doi.org/10.2139/ssrn.2854244","url":null,"abstract":"Notwithstanding the presence of three women on the United States Supreme Court, in terms of gender equality, surprisingly little has changed in the legal profession over the past twenty years. This stagnation is particularly apparent in the highest paying and most prestigious sectors, such as the Supreme Court bar, the top echelons of the top law firms, the judiciary, and the general-counsel’s office. Even where objective facts suggest that female lawyers should be hired, billed out, or compensated at the same or higher rate than their male peers, subjective decisions informed, in part, by bias and stereotype drive a different result. This Article proposes that, until we stop indoctrinating law students that a “good lawyer” looks, sounds, and presents like the Classical warrior — that is, a male — these barriers will persist. For many law students, the first place they get to model what it means to look, sound, and act like a lawyer is in moot court or other oral-argument exercises. Especially in light of an overall law-school culture that reinforces the significance of inborn abilities, it is not hard to see how moot court’s frequent emphasis on “natural” oral-advocacy talent, and its implicit connection of that talent to traits traditionally associated with men, can influence how students — and later lawyers — develop rigid conceptions of what a good lawyer looks, sounds, and acts like. And continuing to uncritically teach the values of Classical rhetoric — values inherited from a culture that silenced women’s voices in the public sphere — exacerbates the problem. This Article explores the dynamics and consequences of reinforcing the male paradigm in the way we coach and judge moot court and other oral-advocacy exercises, highlights some barriers to change, and proposes concrete steps legal educators, practitioners, and judges can take to help change what the voice of authority sounds like in the legal profession.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128834466","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}

{"title":"Competition Law, State-Owned Enterprises and Regional Market Integration in ASEAN","authors":"Pornchai Wisuttisak, M. Cheong","doi":"10.1017/9781108182058.006","DOIUrl":"https://doi.org/10.1017/9781108182058.006","url":null,"abstract":"This paper evaluates the impact of State-Owned Enterprises (SOEs) on the competitiveness of ASEAN and the process towards a single market, with particular reference to three ASEAN states: Singapore, Malaysia and Thailand. A comparison of SOEs in these three states offers valuable insights of conflicting domestic economic interests in each state that widen the gap between commitment and achievement towards a single market in ASEAN. The paper also considers the interaction of competition law and sectoral regulation of SOEs. It proposes recommendations for a more level playing field within ASEAN in the light of challenges posed by SOEs to the competitive process by including inter alia, principles of competitive neutrality.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123018758","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}

{"title":"Wrong About Rights: Public Knowledge of Key Areas of Consumer, Housing and Employment Law in England and Wales","authors":"P. Pleasence, N. Balmer, C. Denvir","doi":"10.1111/1468-2230.12290","DOIUrl":"https://doi.org/10.1111/1468-2230.12290","url":null,"abstract":"Over many decades, processes of juridification have brought about huge growth in legal rights, responsibilities and protections, yet citizens appear to poorly understand this ‘law thick’ world. This impacts citizens’ capacity to ‘name, blame and claim’ in the legal domain at a time of retreat from public funding of civil legal services. This article examines public knowledge of rights in key areas relating to consumer, housing and employment law. Drawing on data from the 2010–2012 English and Welsh Civil and Social Justice Survey, the article uses responses to a series of hypothetical scenarios to explore public knowledge of rights and characteristics associated with knowledge. Our findings highlight a substantial deficit in individuals’ understanding of legal rights and responsibilities – even among those for whom particular rights and responsibilities have specific bearing. We also consider what these findings mean for public legal education and the efficiency, efficacy and legitimacy of the law.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"263 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116149467","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}

{"title":"It-Технологии в Юридическом Бизнесе (IT-Technologies in Legal Business)","authors":"Павел Дробышев","doi":"10.2139/ssrn.3028868","DOIUrl":"https://doi.org/10.2139/ssrn.3028868","url":null,"abstract":"<b>Russian Abstract:</b> Юридический бизнес ищет новые пути своего развития и вслед за потребителями своих услуг постепенно перемещается в виртуальное пространство. Статья содержит обзор самых последних событий, которые случились в области \"Юртеха\". Именно так сегодня называют сферу внедрения в юридический бизнес IT-технологий. Для российских читателей. <b>English Abstract:</b> Legaltech is the hottest theme in today's legal business in all English language countries. So as the consumers move in to the virtual reality, the lawyers must do the same. Paper contains a short overview of trends and facts in connection with internet-lawyering. For russian readers.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125183238","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}

{"title":"A Fraction of a Percent: A Call to Legal Service Providers to Increase Assistance to Community Nonprofits Using Biglaw Pro Bono","authors":"R. Nieman","doi":"10.2139/SSRN.3022260","DOIUrl":"https://doi.org/10.2139/SSRN.3022260","url":null,"abstract":"I believe the Legal Services Corporation is remiss in not encouraging its grantees to focus their attention on assisting low-income, community nonprofits with their legal needs. The Legal Services Corporation (LSC) is one of the largest grantors to legal aid organizations in the country. In 2014, LSC grantees closed a total of 757,983 cases, of which 80,953 of those cases were completed with the involvement of pro bono attorneys. On average, LSC funding amounts to approximately 36.5% of each legal aid organization’s overall funding source. However, LSC has seemed to turn a blind eye to the notion that legal aid to small, low-income nonprofits should be part of the robust assistance provided by its grantees. For example, in its 2014 report, LSC noted that out of 758,689 cases closed; only 290 of those cases consisted of legal assistance to nonprofits. That amounts to 0.00038% of all cases! LSC allows its grantees to provide legal assistance to nonprofits, but it appears that those types of cases are merely an afterthought. \u0000 \u0000There are three distinct reasons this assistance is necessary and logical. First, the low-income, community nonprofits assist the same clients LSC funded legal aid organizations assist. Therefore, to help the nonprofit would be to help the legal aid client. Second, finding meaningful pro bono projects that large firm volunteers are comfortable in handling is difficult. Most of the legal needs of nonprofits involve business transactional work. Helping a nonprofit with its legal needs is oftentimes within the legal knowledge base of large firms who have business transactional departments. Many of the large law firm attorneys may not have experience or a comfort level in helping with family or eviction cases (which often make up the majority of LSC funded organizations’ cases) and therefore find it difficult to volunteer. However, having the option to assist with local, small nonprofits that cannot afford legal representation, will further utilize the large firms’ legal skills in a meaningful way both for the legal aid organization and for the big law firm. Third, working with low-income, local nonprofits will take LSC and its grantees back to its community roots, working in cooperation with and supporting community organizations that create wealth and address other poverty-related problems identified by community members.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131653405","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}

{"title":"The Leadership Imperative: A Collaborative Approach to Professional Development in the Global Age of More for Less","authors":"Scott Westfahl, D. Wilkins","doi":"10.2139/SSRN.3013150","DOIUrl":"https://doi.org/10.2139/SSRN.3013150","url":null,"abstract":"Notwithstanding the increasing importance of technology, the practice of corporate law is — and is likely to remain for the foreseeable future — a human capital business. As a result, law firms must continue to attract, develop, and retain talented lawyers. Unfortunately, the traditional approach, which divides responsibility for professional development among law schools, which are supposed to teach students to think like a lawyer; law firms, which are expected to train associates to “be” lawyers; and corporate clients, whose job it is to foot the bill, is no longer well aligned to the current realities of the marketplace. In this Article, we document the causes for this misalignment and propose a new model of professional development in which law schools, law firms, and corporate clients collaborate to train lawyers to be lifelong learners in the full range of technical, professional, and network-building skills they will need to flourish throughout their careers. We offer specific proposals for how to achieve this realignment and confront the resistance that will inevitably greet any attempt to do so.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132927576","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}

{"title":"Disrupted Law Degree: Lawyers' Work","authors":"Kate Galloway","doi":"10.2139/SSRN.3082485","DOIUrl":"https://doi.org/10.2139/SSRN.3082485","url":null,"abstract":"This Report canvasses the state of play in lawyers’ work. It aims to provide a benchmark from which to explore future professional competencies. It is based on a review of literature concerning the current state of lawyers’ work, drawn principally from institutional reports across common law jurisdictions.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125280609","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}

{"title":"Diffusion of Legal Innovations: The Case of Israeli Class Actions","authors":"C. Engel, A. Klement, Keren Weinshall Margel","doi":"10.1111/jels.12202","DOIUrl":"https://doi.org/10.1111/jels.12202","url":null,"abstract":"In law and economics, it is standard to model legal rules as an opportunity structure. The law’s subjects maximize expected profit, given these constraints. In such a model, the reaction to legal innovation is immediate. This is not what we observe after class action is introduced into Israeli law. For a long time, the new remedy is almost unused. Then the adoption process gains momentum. We discuss alternative options for theorizing the effect. We find that market entry is not only explained by the available information about profitability, but also by the adoption pattern of others. When deciding whether to bring further claims, law firms also react to the experiences they have made themselves. We thus explain the pattern by individual and social learning, and cannot exclude mere social imitation.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117607555","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}

{"title":"Blockchain's Struggle to Deliver Impersonal Exchange","authors":"Benito Arruñada","doi":"10.2139/ssrn.2903857","DOIUrl":"https://doi.org/10.2139/ssrn.2903857","url":null,"abstract":"The paper identifies what value blockchain adds to the contractual and property processes, exploring its potential and analyzing the main difficulties it is facing. It argues that, contrary to naive conceptions that proclaim the end of intermediaries and state involvement, blockchain applications will rely on a variety of interface, completion and enforcement specialists, including standard public interventions, especially for property transactions. Without these interventions, blockchain applications will at most enable trade in in personam claims—instead of in rem rights—, therefore facilitating personal instead of truly impersonal—that is, asset-based—transactions.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115183235","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}