International Journal of the Legal Profession最新文献

{"title":"“A little more complex”: pro bono commitment in São Paulo corporate law firms","authors":"de Sa e Silva Fabio","doi":"10.1080/09695958.2020.1775602","DOIUrl":"https://doi.org/10.1080/09695958.2020.1775602","url":null,"abstract":"ABSTRACT Pro bono's development in São Paulo, Brazil, has been a conflictive process, resisted by multiple segments in the legal profession. In 2001, this conflict led the São Paulo State Bar to impose regulatory restrictions on pro bono practice. One of these restrictions involved pro bono services to individuals, which firms or any other practitioner were explicitly prohibited from delivering. In 2015, this changed radically. The bar removed most of its restrictions to pro bono. Many expected that this would cause firms to further their commitment to pro bono and, more specifically, to start offering free legal services to needy individuals. This expectation, however, was not met. In the absence of regulatory restrictions, what explains the decision by São Paulo corporate law firms of whether or not to engage in the provision of individual pro bono services? Based on multiple data sources and a multi-staged empirical research process, this article points to a set of institutional forces and cognitive frames that have shaped the development of pro bono in such firms post-2015. These include law firm organizational rationality, “turf wars” over legal aid work, and lawyers' professional idealism.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"28 1","pages":"279 - 293"},"PeriodicalIF":0.6,"publicationDate":"2020-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1775602","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47437851","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":"Judicial recruitment in post-communist context: informal dynamics and façade reforms","authors":"N. Tsereteli","doi":"10.1080/09695958.2020.1776128","DOIUrl":"https://doi.org/10.1080/09695958.2020.1776128","url":null,"abstract":"ABSTRACT This article focuses on judicial recruitment in post-communist countries and highlights gaps between law and practice which are due to intervening informal dynamics. The case study on Georgia is suitable to explore the power of informality in increasingly formalized systems of decision-making and also in the ones that allocate considerable powers to judges. The article draws inspiration from and contributes to the limited but growing scholarship on informality in judicial governance. It relies on extensive empirical research to discern informal criteria and methods for selecting judges which embody the interests and preferences of the judicial elite and turn elaborate formal rules and procedures into the convenient façade that covers up informal dealings. It signals that recruitment mechanisms, even if structured to eliminate independence-threatening dynamics, can emerge as means of perpetuating the mentality of conformity and help prevent the consolidation of counter-elites willing and able to challenge the dominance of the incumbent leadership.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"30 1","pages":"37 - 57"},"PeriodicalIF":0.6,"publicationDate":"2020-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1776128","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46357896","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":"Ethical misconduct by new Australian lawyers: prevalence and prevention","authors":"S. Tang, T. Foley, Vivien Holmes","doi":"10.1080/09695958.2020.1765782","DOIUrl":"https://doi.org/10.1080/09695958.2020.1765782","url":null,"abstract":"ABSTRACT This paper examines the ethical behaviour of new lawyers from two contrasting points of view. First, we review the prevalence and type of ethical misconduct by lawyers in the Australian state of Victoria during their first three years of practice. This examination is based upon data provided by the professional conduct oversight body, the Victorian Legal Services Board & Commissioner. An analysis of this data provides some understanding of how often and what kinds of misconduct occur, and how new lawyers differ from lawyers, however the data yields limited insight into how we might prevent ethical problems. Consequently, we turn to examine the findings from our empirical study into the ethical climate of legal workplaces. That study investigated the perceptions of new lawyers about the ethical climate of their workplaces and revealed that those perceptions influence new lawyers’ understandings of professionalism and ethical conduct, as well as their job and career satisfaction and psychological wellbeing. By interrogating the developmental and situational context in which ordinary ethicality develops or is inhibited, a new opportunity becomes available to shape new lawyers’ practice towards better ethical outcomes.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"27 1","pages":"245 - 267"},"PeriodicalIF":0.6,"publicationDate":"2020-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1765782","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48441974","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":"Am I my corporate’s keeper? Anti-money laundering gatekeeping opportunities of the corporate legal officer","authors":"Doron Goldbarsht","doi":"10.1080/09695958.2020.1761369","DOIUrl":"https://doi.org/10.1080/09695958.2020.1761369","url":null,"abstract":"ABSTRACT This article analyses the importance of including corporate legal officers (also termed general counsel or chief legal officers) in the anti-money laundering (AML) international standard set by the Financial Action Task Force – in particular, the Recommendations dealing with the legal profession. It deconstructs the origins and development of the standard and explores the reasons that led to the inclusion of the legal profession in the AML regime and the ways in which the standard has reshaped regulatory regimes globally. The article fills a void in the existing literature by contemplating the future of the legal professional and the role of corporate legal officers, providing a case study of a profession that is not (yet) required to comply with the AML international standard. This approach differs significantly from that of other literature in the field, which deals comprehensively with the appropriateness of including legal professionals in the AML regime, without considering the impact of exempting CLOs from the regime. The article aims to demonstrate that an understanding of the role of CLOs in the legal profession can shed light on the gaps in the international standard and the consequent risks to the AML regime.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"29 1","pages":"261 - 280"},"PeriodicalIF":0.6,"publicationDate":"2020-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1761369","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42868079","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 five-year gender equality score card for the Philippine Supreme Court under its first woman Chief Justice: opportunities seized and missed","authors":"Emily Sanchez Salcedo","doi":"10.1080/09695958.2019.1646655","DOIUrl":"https://doi.org/10.1080/09695958.2019.1646655","url":null,"abstract":"ABSTRACT On 24 August 2012, the Honourable Maria Lourdes Sereno was appointed Chief Justice of the Philippine Supreme Court, the first woman to hold such position since its establishment in 1901. Several cases involving important women’s issues decided during her term were reviewed in this work, inspired by the possibility that a young, brilliant and hardworking woman of humble beginnings sitting at the helm could make a difference. Indeed, the Chief Justice manifested commendable grit in registering meaningful dissent in Imbong v. Ochoa, where she championed women’s bodily autonomy, and when she wrote a provocative concurrence in Vinuya v. Romulo, where she gave hope to women who suffered wartime atrocities. However, she missed an opportunity to put the rape shield law into good use in deciding People v. Batuhan and Lacturan. Her concurrence was also disappointing in Garcia v. Drilon, where she favoured rational basis review over intermediate level of scrutiny for gender-based classification, in People v. Jumawan where a conviction for marital rape was based on romantic paternalism, in People v. Palotes where additional compensatory damages were not considered for a rape victim who bore a child, in People v. Tionloc where acquittal was based on rape myths, and in People v. Caoili where the Court refused to call rape by its ugly name.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"27 1","pages":"145 - 159"},"PeriodicalIF":0.6,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2019.1646655","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45353269","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 Judicial Service Commission and the appointment of Women: more to it than meets the eye","authors":"Tabeth Masengu","doi":"10.1080/09695958.2019.1622547","DOIUrl":"https://doi.org/10.1080/09695958.2019.1622547","url":null,"abstract":"ABSTRACT The Judicial Service Commission (JSC) in South Africa was established in response to a pre-democratic era appointment system rich in patronage, opaqueness, and invariably, inequality. The use of judicial appointment bodies has been recommended by the Commonwealth Latimer House Principles, as a method of preserving judicial independence. However, not much research has been conducted into whether there is an absence of patronage and power dynamics when judicial appointment bodies replace executive type of appointments. This paper suggests that the introduction of appointment bodies does not eradicate privilege and power dynamics as some might believe. Rather, it creates a different type of dynamic that can be harmful for women.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"27 1","pages":"161 - 174"},"PeriodicalIF":0.6,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2019.1622547","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46618179","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":"Women and judicial appointments","authors":"U. Schultz, Tabeth Masengu","doi":"10.1080/09695958.2020.1794513","DOIUrl":"https://doi.org/10.1080/09695958.2020.1794513","url":null,"abstract":"The six papers in this special issue deal with various aspects of women in the judiciary in six different countries: two contributions are from sub-Saharan Africa: South Africa and Nigeria, two from Europe: Northern Ireland and Spain and two from very different parts of Asia: Turkey and the Philippines. The papers on Africa and Europe have been presented at an Expert Seminar on Gender and the Judiciary organised by Tabeth Masengu under the auspices of the Human Rights Centre at Ghent University in Belgium on the 27th of April 2018. The two papers on Asia have been developed in the context of a project on Women Judges in Muslim Courts of Law which was an International Research Collaborative for the international socio-legal meeting in Mexico-City in 2017. Adding new countries, this special issue of the International Journal of the Legal Profession complements other international comparative collections on gender issues in the judiciary which have been published in the past years. These include the comprehensive volume with 30 contributions on 19 countries “Gender and Judging” (Schultz and Shaw 2013a), two special issues of the International Journal of the Legal Profession “Women in the Judiciary” (Schultz and Shaw 2012), and “Gender and Judicial Education” (Schultz et al. 2016); and a collection on “Women Judges in the Muslim World” (Lindbekk and Sonneveld 2017) as well as an upcoming issue of the Onati Socio-Legal Online Series on Gender in Muslim courts of Law. National publications are innumerable and still new research projects on related issues are launched, e.g. at the University of Bergen/ Norway on “Women on the Bench. The Role of Female Judges in Fragile States”. Also documentary films on women judges have been produced: e.g. on Ruth Bader Ginsberg, the feminist judge at the American Supreme Court, “RBG” and “On the Basis of Sex” (both 2018), “The Judge” (2018) about the first female Sharía Court judge in Palestine, “Lady Judges in Pakistan” (2013) by Livia and Marius Holden, “Courting Justice” (2010) by Ruth Cowan about Women Judges in South Africa after Apartheid, “Sisters in Law” (2005) about women judges in Kameron. A broad range of subjects related to women in the judiciary are covered in all the mentioned publications. These include topics such as access and careers in the judiciary, dealing with the question: Do women have equal chances in the judiciary, do they have equal representation in higher positions or do they hit the famous glass ceiling? Are they accepted by their colleagues and by clients at court, male and female clients? Is there indecent behaviour and/or discrimination against female judges? Is it easy or particularly difficult for women in the judiciary to find a work/family-life balance? What are impeding factors? What are the prevailing gender images in their societies? Is there a relation between participation of women in the judiciary and prestige and pay? Do women judge differently? In what way may gender, age, ","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"27 1","pages":"113 - 117"},"PeriodicalIF":0.6,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1794513","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42789536","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":"Being a woman judge in Turkish judicial culture","authors":"Seda Kalem","doi":"10.1080/09695958.2019.1667807","DOIUrl":"https://doi.org/10.1080/09695958.2019.1667807","url":null,"abstract":"ABSTRACT This study is a feminist exploration of how gender influences the professional and social lives of women judges in Turkey. I asked women judges from lower courts to talk about their professional journey to explore if and how gender emerges as a category that makes sense to them. Gender was sometimes more visible in the form of a “success” story of playing along men’s rules, or in memories of struggling to balance work and family; while other times it was more implicit in narratives on meeting expectations, failing expectations, ignoring expectations. All in all, these narratives attest to the gendered hierarchies and instances of institutional sexism in what is considered a masculine profession. They also reveal the prevalence of a particularly conservative and patriarchal culture upon the ways in which these inequalities and disadvantages are experienced by women judges in Turkey.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"27 1","pages":"119 - 144"},"PeriodicalIF":0.6,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2019.1667807","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43676605","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 glass ceiling at the highest levels of the Spanish judiciary","authors":"Mónica García Goldar","doi":"10.1080/09695958.2020.1775601","DOIUrl":"https://doi.org/10.1080/09695958.2020.1775601","url":null,"abstract":"ABSTRACT In Spain, the number of female judges at the highest levels of the judiciary is very low, despite the approval of two Strategic Plans for Equality in the Judicial Career (2013 and 2020). This situation does not seem to differ from other European countries, according to the data offered by CEPEJ (2018). It is clear that the end of tokenism has not yet arrived, and for that reason, an analysis of the main probable causes for this glass ceiling is carried out in this paper. A greater effort must be made in order to overcome this situation and achieve a better representation of female judges at the highest levels of the judiciary system.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"27 1","pages":"189 - 202"},"PeriodicalIF":0.6,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1775601","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42667319","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":"Unequal access to law school: a study of gender and class in Colombia","authors":"María Adelaida Ceballos-Bedoya","doi":"10.1080/09695958.2020.1751167","DOIUrl":"https://doi.org/10.1080/09695958.2020.1751167","url":null,"abstract":"ABSTRACT This article explores the relationship between the quality of legal education in Colombia and the gender and socio-economic status of law students. This paper shows that women with low economic capital tend to be the most disadvantaged because they can neither afford the best private law programs nor pass the admission tests of the best public programs. By contrast, upper-class women are guaranteed access to high-quality education because they have the economic capital to enter the best private programs without having to overcome major academic filters. Given that most law students have limited economic resources, one could say that the feminization of legal education has been achieved at the expense of lower-class women who are forced to study in low-quality programs. In this regard, Colombian legal education reproduces gender and class inequalities instead of reducing them.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"28 1","pages":"295 - 318"},"PeriodicalIF":0.6,"publicationDate":"2020-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1751167","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47472311","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}