{"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":"The Political Ideologies of American Lawyers","authors":"Adam Bonica, Adam Chilton, M. Sen","doi":"10.1093/JLA/LAV011","DOIUrl":"https://doi.org/10.1093/JLA/LAV011","url":null,"abstract":"The ideology of American lawyers has been a persistent source of discussion and debate. Two obstacles, however, have prevented this topic from being systematically studied: the sheer number of attorneys in the United States and the need for a methodology that makes comparing the ideology of specific individuals possible. In this paper, we present a comprehensive mapping of lawyers' ideologies that has overcome these hurdles. We use a new dataset that links the largest database of political ideology with the largest database of lawyers' identities to complete the most extensive analysis of the political ideology of American lawyers ever conducted.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115698333","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":"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":"Legal Scholarship Makes the World a Better Place","authors":"Neil H. Buchanan","doi":"10.2139/SSRN.2975813","DOIUrl":"https://doi.org/10.2139/SSRN.2975813","url":null,"abstract":"This article responds to claims that law professors are engaged in scholarly pursuits that fail to serve important social functions. I argue that legal scholarship “matters” in important ways, and in particular that the legal academy has improved its service to society by embracing interdisciplinary approaches to studying the law.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"130 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116262690","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}
A. Flynn, A. Freiberg, J. Mcculloch, Bronwyn Naylor, J. Hodgson
{"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}
D. Maleshin, Nikolai S. Kovalev, Krishna Agrawal, D. Gololobov, N. Mosunova, Dmitry Kuznetsov, L. Zaitseva, S. Racheva, Marco Bratkovic, Nadia Hubbuck, Jane Fedotova, Konstantin Astafiev, Irina Suspitcyna
{"title":"Russian Law Journal, Vol. II (2014) Issue 2","authors":"D. Maleshin, Nikolai S. Kovalev, Krishna Agrawal, D. Gololobov, N. Mosunova, Dmitry Kuznetsov, L. Zaitseva, S. Racheva, Marco Bratkovic, Nadia Hubbuck, Jane Fedotova, Konstantin Astafiev, Irina Suspitcyna","doi":"10.2139/ssrn.2478721","DOIUrl":"https://doi.org/10.2139/ssrn.2478721","url":null,"abstract":"Russian Law Journal Vol.II Issue4 is devoted to the 150th anniversary of the Russian Judicial Reform of 1864. Most of articles concern civil procedure.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131431904","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}
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