Law & Society: The Legal Profession eJournal最新文献

{"title":"The Most (and Least) Representative Law Schools for Gender, Race, and Ethnicity","authors":"J. Manhire","doi":"10.2139/SSRN.2711332","DOIUrl":"https://doi.org/10.2139/SSRN.2711332","url":null,"abstract":"To what extent do U.S. law school demographics concerning gender, race, and ethnicity reflect the same demographics of their applicant populations? This is a preview (highlighting law school rankings) of a forthcoming paper that attempts to answer the question by developing a measurement of demographic representation with a single index. It derives this measure for law school and baseline populations with various demographic dimensions (the boring technical stuff in Appendix A, page 16). It then ranks law schools against various demographic baselines, including the U.S. population as a whole and the state populations in which each school operates (the more exciting “does-my-school-rank-higher-than-your-school” stuff in Appendix B, page 21). The results let individual law schools know how close their student populations are to their overall target populations with respect to gender, race, and ethnicity. The ultimate conclusion of the forthcoming paper is that the baseline a law school uses to establish its degree of representation matters significantly to the results.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124566846","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":"Law as Information in the Era of Data‐Driven Agency","authors":"M. Hildebrandt","doi":"10.1111/1468-2230.12165","DOIUrl":"https://doi.org/10.1111/1468-2230.12165","url":null,"abstract":"This contribution introduces the mathematical theory of information that ‘informs’ computer systems, the internet and all that has been built upon it. The aim of the author is to invite lawyers to reconsider the grammar and alphabet of modern positive law and of the Rule of Law, in the face of the alternative grammar and alphabet of a data‐driven society. Instead of either embracing or rejecting the technological transitions that reconfigure the operations of the law, this article argues that lawyers should collaborate with the computer scientists that engineer and design the affordances of our new onlife world. This is crucial if we want to sustain democratic participation in law‐making, contestability of legal effect and transparency of how citizens may be manipulated by the invisible computational backbone of our rapidly and radically changing world.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"156 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115150911","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 False Start in Constitutionalizing Lawyer Loyalty in Canada (Attorney General) v. Federation of Law Societies of Canada","authors":"Amy Salyzyn","doi":"10.60082/2563-8505.1333","DOIUrl":"https://doi.org/10.60082/2563-8505.1333","url":null,"abstract":"In Canada (Attorney General) v. Federation of Law Societies of Canada, a majority of the Supreme Court of Canada recognized a new principle of fundamental justice pursuant to section 7 of the Canadian Charter of Rights and Freedoms: a lawyer’s duty of commitment to a client’s cause. This article critiques the majority’s choice to recognize this new principle of fundamental justice after first reviewing the Court’s reasons and their background. In brief, it is argued that elevating a duty of client commitment to a principle of fundamental justice results in a muddled analytical framework under section 7 given that the constitutionality of a law is attempted to be evaluated by a principle that itself recognizes legality as a legitimate boundary. Although the idea that a lawyer ought to be a zealous (or resolute) advocate is well-recognized, there is agreement that a lawyer's commitment to a client must be exercised within the limits of the law. Stated otherwise, there is no foothold in the concept of zealous advocacy itself from which to adjudge other laws, as the concept takes such laws to trump its requirements and permissions, merely due to their existence. I argue that a better route to capturing what is at stake when the government intrudes on the lawyer-client relationship is to use independence of the bar as the applicable principle of fundamental justice and to understand independence of the bar to only justify those government intrusions on the lawyer-client relationship that are directed to protecting or promoting the integrity of the legal system and the lawyer’s role in providing clients appropriate access to the legal system. To the extent that the government wishes to regulate lawyers in order to pursue other policy ends (like, for example, preventing and detecting money laundering and terrorist financing) and the regulation engages the lawyer’s life, liberty or security, the regulation should be viewed as a violation of section 7 and the legitimacy of the government’s pursuit of these other ends be considered under section 1.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115824817","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 Integrated Curriculum of the Future: Eliminating a Hidden Curriculum to Unveil a New Era of Collaboration, Practical Training, and Interdisciplinary Learning","authors":"C. Brown","doi":"10.2139/ssrn.2662579","DOIUrl":"https://doi.org/10.2139/ssrn.2662579","url":null,"abstract":"This article seeks to challenge traditional methods of assessment used in U.S. law schools, specifically the final exam format and the grade and rank system. Such methods breed competition and elitism that have plagued the legal profession long enough. Instead, future curricula should require assessment based on large-scale collaboration, interdisciplinary techniques, and learned interpersonal skills. This shift in assessment should include fostering student development toward a post-conventional moral schema necessary to enrich our profession. The challenge is how rapidly faculties are able to transform curricula to include such initiatives and showcase the strength of such design. This change alone may cause entrenchment; however, the question is not whether faculties desire to sit and contemplate the best path for integrating skills. Rather, the larger momentum requires faculties to take steps toward integrated curricula. Each school will ultimately choose a path unique to its culture, resources, and the outcomes desired by its faculty. This paper visualizes one path for curricular integration but recognizes the many possible successes of other avenues.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115315286","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":"Legislation and Regulation and Reform of the First Year","authors":"J. Manning, M. Stephenson","doi":"10.2139/ssrn.2852586","DOIUrl":"https://doi.org/10.2139/ssrn.2852586","url":null,"abstract":"This essay discusses the development of a Legislation and Regulation course (or Leg-Reg) as part of a 1L curriculum reform that the Harvard Law School faculty unanimously adopted in 2006. The reform was adopted following three years of work by a Committee on Educational Innovations appointed by then-Dean Elena Kagan and chaired by future Dean Martha Minow. The Leg-Reg piece of the new curriculum aims to broaden the 1L program's perspective from the essential, but by today's standards incomplete, focus on private law topics and common law reasoning that had dominated the 1L curriculum since 1873. Leg-Reg instead focuses on statutes and the regulations that implement them. The course emphasizes not only the interpretation of those materials, but also the lawmaking process, institutional context, and political dynamics that shape the production and interpretation of statutes and regulations.This essay discusses several aspects of the Harvard experience with Legislation and Regulation. First, because reforming the 1L curriculum is such a daunting process, the paper provides a brief account of the extensive curricular reform process that successfully produced this and two other new 1L courses. Second, the essay discusses the course's strategy for fitting novel and somewhat different techniques, materials, and concepts into a 1L course. In particular, it will discuss the fact that, while the Leg-Reg incorporates many topics and methods that are touched on only tangentially, if at all, in other 1L courses (such as textual exegesis, legislative procedure, and public choice theory), it does so primarily by asking students (a) to learn and assess concrete, real-world legal decisions and then (b) to build out, through note material, to the broader concepts implicated by the cases. In addition, the version of the Leg-Reg course developed at Harvard is consciously transsubstantive, rather than focused on a particular policy area. Third, this essay elaborates on this pedagogical approach by giving some detail about the way Leg-Reg presents certain key cases on statutory interpretation. Fourth, the essay examines the administrative law (“Reg”) component of the course. In particular, the essay explains how starting with statutory interpretation addresses the often-voiced concern that administrative law is simply too complicated for 1Ls. This part of the essay also discusses the impact of 1L Leg-Reg course on enrollments in Administrative Law and related public law offerings","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121341081","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":"How Legal Translation Studies Research Might Assist Lawyers with Best Procurement Practice","authors":"Juliette Scott","doi":"10.1057/9781137507686_7","DOIUrl":"https://doi.org/10.1057/9781137507686_7","url":null,"abstract":"","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121563173","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":"Transnational Corporations Shaping Institutional Change: The Case of English Law Firms in Germany","authors":"J. Faulconbridge, D. Muzio","doi":"10.1093/JEG/LBU038","DOIUrl":"https://doi.org/10.1093/JEG/LBU038","url":null,"abstract":"Questions remain about the factors that influence the ability of transnational corporations (TNCs) to shape processes of institutional change. In particular, questions about power relations need more attention. To address such questions, this article develops a neoinstitutional theory-inspired analysis of the case of English law firms and their impacts on institutional change in Germany. The article shows that the shaping of the direction of institutional change by English legal TNCs was a product of conjunctural moments in which local institutional instability combined with the presence, resources and strategies of the TNCs to redirect the path of institutional evolution. This draws attention to the need to go beyond the TNC and its resources and to consider the way a diverse array of local actors and their generating of instability in existing institutional structures influence the ability of TNCs to become involved in processes of institutional change in particular, conjunctural moments in time.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"179 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115181024","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 Limited Liability Partnership in Bankruptcy","authors":"C. Hurt","doi":"10.2139/SSRN.2568461","DOIUrl":"https://doi.org/10.2139/SSRN.2568461","url":null,"abstract":"Brobeck. Dewey. Howrey. Heller. Thelen. Coudert Brothers. These brand-name law firms had many things in common at one time, but today have one: bankruptcy. Individually, these firms expanded through hiring and mergers, took on expensive lease commitments, borrowed large sums of money, and then could not meet financial obligations once markets took a downturn and practice groups scattered to other firms. The firms also had an organizational structure in common: the limited liability partnership.In business organizations classes, professors teach that if an LLP becomes insolvent, and has no assets to pay its obligations, the creditors of the LLP will not be able to enforce those obligations against the individual partners. In other words, partners in LLPs will not have to write a check from personal funds to make up a shortfall. Creditors doing business with an LLP, just as with a corporation, take this risk and have no expectation of satisfaction of claims by individual partners, absent an express guaranty. In bankruptcy terms, creditors look solely to the capital of the entity to satisfy claims. While bankruptcy proceedings involving general partnerships may have been uncommon, at least in theory, bankruptcy proceedings involving limited liability partnerships have recently become front-page news.The disintegration of large, complex LLPs, such as law firms, does not fit within the Restatement examples of small general partnerships that dissolve fairly swiftly and easily for at least two reasons. First, firm creditors, who have no recourse to individual partners’ wealth, wish to be satisfied in a bankruptcy proceeding. In this circumstance, federal bankruptcy law, not partnership law, will determine whether LLP partners will have to write a check from personal funds to satisfy obligations. Second, these mega-partnerships have numerous clients who require ongoing representation that can only be competently handled by the full attention of a solvent law firm. In these cases, the dissolved law firm has neither the staff nor the financial resources to handle sophisticated, long-term client needs such as complex litigation, acquisitions, or financings. These prolonged, and lucrative, client matters cannot be simply “wound up” in the time frame that partnership law anticipates. The ongoing client relationship begins to look less like an obligation to be fulfilled and more like a valuable asset of the firm.Partnership law would scrutinize the taking of firm business by former partners under duty of loyalty doctrines against usurping business opportunities and competing with one’s own partnership, both duties that terminate upon the dissolution of the general partnership or the dissociation of the partner. However, bankruptcy law is not as forgiving as the LLP statutes, and bankruptcy trustees view the situation very differently under the “unfinished business” doctrine. The bankruptcy trustee, representing the assets of the entity and attempting to salvag","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116627755","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":"Accountability and the Regulation of the Large Law Firm Lawyer","authors":"J. Loughrey","doi":"10.1111/1468-2230.12088","DOIUrl":"https://doi.org/10.1111/1468-2230.12088","url":null,"abstract":"The regulation of solicitors in England and Wales has undergone great change in the wake of the Legal Services Act 2007. This article considers these regulatory developments through the lens of accountability, focussing on the regulation of transactional lawyers and the large commercial firms. It examines to what extent the Solicitors Regulation Authority's regulatory framework promotes accountability, examining entity regulation, outcomes‐focussed and principles‐based regulation, reporting and disclosure obligations, the Compliance Officer for Legal Practice and the sanctions system. It argues that although transactional lawyers cannot claim the benefit of the ethical principle of non‐accountability, as far as they and their firms are concerned, the regulatory framework is both unnecessary and insufficient. It duplicates the function of accountability to the client and fails to hold transactional lawyers to account for significant regulatory risks that they present, such as the practice of creative compliance.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115240361","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":"Access to Justice: A Comparative Analysis of Cuts to Legal Aid","authors":"A. Flynn, A. Freiberg, J. Mcculloch, Bronwyn Naylor, J. Hodgson","doi":"10.2139/SSRN.2610058","DOIUrl":"https://doi.org/10.2139/SSRN.2610058","url":null,"abstract":"Since 2013, restrictions on the provision of legal aid and changes to social, legal and welfare services have significantly increased demand for legal services in Australia, while simultaneously increasing the extent of unmet legal need. In this climate of austerity, a robust debate over the allocation of resources is taking place with questions regarding the priorities that should be accorded to government-funded serious criminal cases, to criminal representation in the lower courts, and to serious civil and family law matters. This has raised some important questions for practitioners, recipients of legal aid, courts, academics and providers of legal aid funding and services: namely, who deserves legal aid? Should legal aid seek to provide more people with fewer services or should it spend more money assisting fewer vulnerable clients? Who are the core clients of legal aid services? And in the context of finite funding and expanding demands, on what criteria are priorities decided, and who decides those criteria?","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"248 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117354833","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}