Law & Society: The Legal Profession eJournal最新文献

{"title":"The Changing Economic Geography of Large U.S. Law Firms","authors":"W. Henderson, A. Alderson","doi":"10.2139/ssrn.1134223","DOIUrl":"https://doi.org/10.2139/ssrn.1134223","url":null,"abstract":"During the last three decades, the number of lawyers working for large U.S. corporate law firms has increased dramatically. This study draws upon the economic geography literature on producer services and global cities to outline a theoretical framework for the location and growth of large corporate law firms. The framework is then applied to a dataset of large U.S. law firms (Am Law 50, 100, 200) and their principal clientele (Fortune 500). We also use network analysis to observe changes in city centrality over time. Our preliminary findings suggest that over the last twenty years, New York City has supplanted Washington, DC as the more interconnected market, particularly for law firms with international offices in Europe and Asia. Although profitability and revenues per lawyer appear intimately tied to presence in large global cities, particularly New York City and London, the network analysis reveals several firms that are following successful niche strategies. We use this network analysis and block modeling methodology to identify structural elements of the large U.S. market that are based on geographic differences, including factors related to change over time. In turn, we discuss the implications of these findings for large U.S. law firms.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117292196","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":"Keeping Women in Business (and Family)","authors":"R. Wilson","doi":"10.2139/SSRN.1115468","DOIUrl":"https://doi.org/10.2139/SSRN.1115468","url":null,"abstract":"Work and family have become either/or propositions for a growing segment of young professionals in business, law, and medicine. A well documented opt-out revolution is underway, in which women professionals are leaving the workplace in droves. Less appreciated is the converse phenomenon: huge numbers of female, and male, professionals who remain in the workplace but opt out of family. These men and women forego parenting and stable, long-term relationships in surprisingly high numbers, believing they cannot have both. This Chapter documents the extent of this break from family for professional men and women. Using the 2003 National Survey of College Graduates, this Chapter shows that among professionals, long-term adult relationships often take a beating, but that women outstrip men in the number of failing personal relationships. Women with MBAs are divorced or separated more often than college graduates and they split up over twice as often as men with the same degree. Women with JDs and MDs are also more likely to divorce or separate than their male counterparts in the same profession. The complete break from marriage tells an even starker story. 21% of women with JDs and 17% of women with MBAs have never married, compared to 14% of women college graduates. Importantly, never married women with MBAs outnumber their male counterparts almost three to one, a gap that closes only somewhat for doctors and lawyers. Most examinations of the opt-out revolution emphasize almost exclusively what employers can and should do to support family. This Chapter starts closer to home with graduate educators. In many ways, young professionals learn to treat work and family as either/or choices at the very beginning of their graduate professional educations. The intense time demands and pressures of graduate professional education teach students early on to place professional obligations over the personal at every turn. Far from being solely a problem for employers to remedy, graduate professional schools themselves must take an active role. This Chapter will explore what graduate professional programs can do to change the calculus that young professionals engage in when deciding whether to combine family and work. It argues that professional schools can change the culture of graduate education and thus the expectations of young professionals with a number of straight-forward, concrete measures. Graduate educators can support family by modeling good behavior in our own institutions, decreasing the admission age for women, giving preference in admissions to applicants with children, providing financial support for student-parents in the form of scholarships and better loan terms, establishing alumni mentoring networks, and outlining for students the real costs of various practice settings for forming and maintaining families. Once armed with stronger expectations that they can have both, these young professionals will be important agents for transforming the workp","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125063235","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":"Requiring Lawyers to Submit Suspicious Transaction Reports: Implementation Issues and Current International Trends","authors":"Cheselden George V. Carmona","doi":"10.2139/SSRN.2378685","DOIUrl":"https://doi.org/10.2139/SSRN.2378685","url":null,"abstract":"This paper probes into the question of whether or not lawyers should be required to submit suspicious transaction reports to combat money laundering. It points out that while lawyers and other professional advisers play an important and indispensable role in complex financial transactions, making them a logical partner in the fight against money laundering and terrorist financing, the well-accepted principles of confidentiality commitments and rules on legal privileges make such an initiative cumbersome and difficult to pursue.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129039394","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":"Neutral Citation, Court Web Sites, and Access to Authoritative Case Law","authors":"Peter W. Martin","doi":"10.2139/SSRN.950387","DOIUrl":"https://doi.org/10.2139/SSRN.950387","url":null,"abstract":"In 1994 the Wisconsin Bar and Judicial Council together urged the Wisconsin Supreme Court to take two dramatic steps with the combined aim of improving access to state case law: 1) adopt a new system of neutral citation and 2) establish a digital archive of decisions directly available to all publishers and the public. The recommendations set off a storm, and the Wisconsin court deferred decision on the package. In the years since those events, the background conditions have shifted dramatically. Neutral citation has been endorsed by the AALL and ABA and formally adopted in over a dozen states, including Wisconsin. Thomson's acquisition of the West Publishing Company removed the principal source of opposition. Court Web sites, non-existent in 1994, are now a standard feature of e-government with the result that the idea of a public case archive, open to all, no longer stretches imaginations. With the environment seemingly so much more hospitable to the 1994 Wisconsin recommendations, one might expect to see them widely implemented. Yet less than a handful of states have effectively put them to work in tandem. This paper describes the factors that came together in the right way and at the right time in those states, along with the apparent results. It also explores some of the reasons why they stand today as lonely illustrations of \"best practice.\"","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"246 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115855606","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 and the Liberal Transformation of the Northeast Asian Legal Complex in Korea and Taiwan","authors":"Tom Ginsburg","doi":"10.2139/ssrn.897300","DOIUrl":"https://doi.org/10.2139/ssrn.897300","url":null,"abstract":"For much of the 20th century, developmental states in capitalist Northeast Asia featured a peculiar complex of mutually reinforcing institutions. The three basic components were a relatively autonomous judiciary operating in a narrowly defined role, a miniscule private legal profession, and large degrees of administrative discretion vested in meritocratic bureaucracies. This Northeast Asian Legal Complex was nsulated from outside forces and internally stable. In the late 1980s, it came under serious pressure in Korea and Taiwan as a result of new internal and external pressures, particularly political democratization. As a central part of the democratization movement, a group of activist lawyers in each country sought to utilize law for a liberal social transformation; the extent of their success can be seen in the fact that the two countries are now governed by Presidents who were former activist lawyers. This paper, prepared for a conference on liberalism and law, traces these developments and speculates on the implications of the story for general theories of law and social transformation.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129361822","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":"Strategy and Stance: A Framework for Understanding Public Advocacy","authors":"R. Conner","doi":"10.2139/SSRN.862244","DOIUrl":"https://doi.org/10.2139/SSRN.862244","url":null,"abstract":"This paper proposes a new framework to analyze the behavior of \"public advocates\", defined as professionals who seek to influence public policy on behalf of the public interest. Using the framework, it describes systemic pressures that lead public advocates to overuse adversarial, coercive tactics. The framework classifies each action of a public advocate into four broad categories based on choices about \"strategy\" (how to use available resources to cause change) and \"stance\" (the mental map of the person or institution that s/he seeks to influence). Alternative strategies can be arrayed on a continuum from \"push\" to \"pull\", and alternative stances from \"friend\" to \"foe\". Using a matrix or grid, advocacy to influence a particular target can be characterized as push-foe, push-friend, pull-foe, or pull-friend. Based on extensive personal experience, the author suggests that the choice of stance is subject to a systemic negative bias: in a sustained dispute, most competing advocates will come to see the \"other\" as foes. A foe stance distorts judgment about strategy so that push strategies appear to be the only realistic option. This explains the prevalence of what the author calls the \"Advocacy Trap\", where advocates continue to treat others as enemies (foe stance) to be attacked and discredited (push strategy) despite repeated failure. To the extent that successful public advocacy requires a judicious mix of push and pull strategies, public advocates need to maintain a stance of respect in the face of hostility. The author concludes by calling for a new conversation among educators, scholars, philanthropists, foundations, citizen activists and journalists on how to educate, recognize, and support public advocates who embody this approach.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132899121","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 Democratic Roots of Collaborative Lawyering","authors":"Ascanio Piomelli","doi":"10.2139/SSRN.820304","DOIUrl":"https://doi.org/10.2139/SSRN.820304","url":null,"abstract":"This Article reinterprets collaborative lawyering - and its call for progressive lawyers to collaborate with clients and communities to jointly pursue social change - as part of a participatory democratic tradition of active self-government by engaged citizens. Rejecting conventional views that collaborative lawyering primarily grows out of postmodernist social theory, the Article details this lawyering approach's deep affinity with John Dewey's modern recasting of Athenian and Jeffersonian ideas and with the early 1960s' practice of Ella Baker, the Student Non-Violent Coordinating Committee, and New Left activists. It argues that a democratic lens reveals the distinctive values underlying collaborative lawyers' commitment to ordinary citizens' robust participation in collective efforts to reshape society - values that are at odds with competing visions of democracy and lawyering that place expert professionals at the center of such efforts.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124098791","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 Best and the Brightest: Canadian Law School Admissions","authors":"W. Pue, Dawna Tong","doi":"10.60082/2817-5069.1517","DOIUrl":"https://doi.org/10.60082/2817-5069.1517","url":null,"abstract":"This article assesses the admissions policies commonly employed by law faculties in common law Canada. These faculties rely heavily on admissions criteria and policies developed in the United States and, like their American counterparts, typically admit students on the basis of \"index scores\" produced by combining Law School Admissions Test (LSAT) performance with Undergraduate Grade Point Average (UGPA). The appropriateness of this American model to the Canadian context has never been rigorously assessed. This raises serious questions as to whether Canadian law school admissions policies serve either of their stated goals of finding the \"best\" students or of advancing social equity. The authors summarize available data and identify a number of problems that flow from reliance on index scores as the primary basis for admissions decisions. Particular problems addressed include the inadequacy of the methods used to identify either good students or good lawyers, the trickle-on consequences for law school pedagogy and evaluation, and wider consequences for distributive justice. In light of the immense impact of law school admissions decisions on individual career choice, the composition of the legal profession, and Canadian social mobility patterns, the authors call for a re-evaluation of the assumptions and practices of law school admissions.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1999-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128514061","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":"Moral Engagement without the 'Moral Law': A Post-Canons View of Attorneys' Moral Accountability","authors":"Robert K. Vischer","doi":"10.2139/SSRN.1104477","DOIUrl":"https://doi.org/10.2139/SSRN.1104477","url":null,"abstract":"Several years ago in my Professional Responsibility class, I wanted to see how far I could push my students in their embrace of the notion that the moral evaluation of conduct depends on the professional role one occupies. I asked students to imagine that they were medical researchers in Nazi Germany, and that the authorities brought them to a concentration camp, inviting them to experiment on live human subjects. Would they, as scientists, proceed with the experiments? The first three students I called on answered that they would do the experiments if it would advance the research. One explained that morality is constructed by society, and in that particular society, the experiments would not be considered immoral. Another asked, If those inmates are going to die anyway, why not have them contribute to the greater good? The third insisted that the job of the researcher is to expand scientific knowledge, and the job of the government is to define the limits of that research. Absent government prohibition, the researcher has no moral reason not to proceed. These students, I am confident, did not believe what they were saying. They were engaging my question according to the rules of good lawyering, as they perceived them - figuring out a way around any and all obstacles standing between the actor and a given course of conduct. Indeed, much of the blame for their answers belongs with the messages they receive about the values of the legal profession. Much of the law school experience sends the message, subtly but unmistakably, that cleverness is valued over wisdom, and that the law is simply a problem to be solved, rather than an inescapably moral endeavor. In comparison to the era when the American Bar Association, via the 1908 Canons of Professional Ethics, could confidently instruct lawyers to impress upon the client and his undertaking exact compliance with the strictest principles of moral law, today we are more skeptical about the existence of any moral law, much less that it could or should be impressed upon the client. Recognizing the variability of moral convictions and complexity of moral analysis has understandably made lawyers reluctant to judge their clients by moral standards not reflected in positive law. But this reluctance to judge seems also to have brought a reluctance to engage the client on moral terms. The resulting technocratic view of law is evidenced far beyond the walls of my classroom. A refusal to acknowledge the moral dimension of legal practice has contributed to several of the leading lawyer-fueled scandals of recent years, as well as to the broader malaise that has afflicted the profession for some time. Nevertheless, the prospect of putting morality onto the table of legal representation is unsettling to many. This essay looks to reframe our conception of morality's relevance to professionalism, using the Canons' espousal of moral accountability as an insightful point of entry. This essay was written as a contributio","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132843472","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}