International Journal of the Legal Profession最新文献

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Being a woman judge in Turkish judicial culture 土耳其司法文化中的女法官
IF 0.6
International Journal of the Legal Profession Pub Date : 2020-05-03 DOI: 10.1080/09695958.2019.1667807
Seda Kalem
{"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":null,"pages":null},"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}
引用次数: 2
The glass ceiling at the highest levels of the Spanish judiciary 西班牙司法部门最高级别的玻璃天花板
IF 0.6
International Journal of the Legal Profession Pub Date : 2020-05-03 DOI: 10.1080/09695958.2020.1775601
Mónica García Goldar
{"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":null,"pages":null},"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}
引用次数: 1
Unequal access to law school: a study of gender and class in Colombia 进入法学院的机会不平等:对哥伦比亚性别和阶级的研究
IF 0.6
International Journal of the Legal Profession Pub Date : 2020-04-27 DOI: 10.1080/09695958.2020.1751167
María Adelaida Ceballos-Bedoya
{"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":null,"pages":null},"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}
引用次数: 0
Vulnerability to legal misconduct: a profile of problem lawyers in Victoria, Australia 易受法律不端行为的影响:澳大利亚维多利亚州问题律师简介
IF 0.6
International Journal of the Legal Profession Pub Date : 2020-04-27 DOI: 10.1080/09695958.2020.1751166
Tara Sklar, Jennifer Moore, M. Bismark, Y. Taouk
{"title":"Vulnerability to legal misconduct: a profile of problem lawyers in Victoria, Australia","authors":"Tara Sklar, Jennifer Moore, M. Bismark, Y. Taouk","doi":"10.1080/09695958.2020.1751166","DOIUrl":"https://doi.org/10.1080/09695958.2020.1751166","url":null,"abstract":"ABSTRACT Public trust in the legal profession rests on regulators taking timely and effective action in response to misconduct. Usually, case-by-case analysis occurs after a claim or complaint is lodged with little attention on factors that may predispose a lawyer to misconduct. Vulnerability is a useful concept for understanding individuals’ susceptibility to harm and for identifying safeguards to protect against that harm. This empirical study adds to the largely normative research on vulnerability with an analysis of 67 “problem lawyers” who were the subject of multiple complaints and at least one disciplinary hearing, a paid financial misconduct claim, or striking from the roll in Victoria, Australia between 2005 and 2015. We analysed determinations about these lawyers and identified a concatenation of factors associated with legal misconduct. Personal vulnerabilities included older age, male sex, poor health, and patterns of behaviour such as low conscientiousness. Situational vulnerabilities included working as a sole principal or in a small practice, excessive workload, and pressures from relationship breakdowns, death or illness in the family, or financial difficulties. These findings shed light on vulnerabilities to legal misconduct, and have implications for lawyer education and well-being, protection of clients, and efforts to reduce lapses in professionalism.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1751166","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45138910","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}
引用次数: 0
There is plagiarism … and then there is plagiarism: academic misconduct and admission to legal practice 有抄袭,还有抄袭:学术不端和进入法律行业
IF 0.6
International Journal of the Legal Profession Pub Date : 2020-04-24 DOI: 10.1080/09695958.2020.1749058
T. Booth, A. Stuhmcke, J. Wangmann
{"title":"There is plagiarism … and then there is plagiarism: academic misconduct and admission to legal practice","authors":"T. Booth, A. Stuhmcke, J. Wangmann","doi":"10.1080/09695958.2020.1749058","DOIUrl":"https://doi.org/10.1080/09695958.2020.1749058","url":null,"abstract":"ABSTRACT There is a symbiotic relationship between the legal profession and the tertiary education sector. The law degree itself is symbolic of this close relationship. Standards of the legal profession are reflected in the legal qualifications obtained by law students who wish to practice law. However the clarity of such professional requirements for legal practice become increasingly opaque with respect to plagiarism and entry to the profession. Importantly, it is the admission boards that grapple with how to balance the growth in law student plagiarism and the changing needs of the legal profession. This article exposes widely varying university plagiarism rules and argues that further research is required into whether professional admission boards should provide the “level playing field” for law students who may have fallen foul of university rules.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1749058","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48489439","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}
引用次数: 3
Women in the Nigerian judiciary: considerable headway or organised progress? 尼日利亚司法部门的妇女:相当大的进步还是有组织的进步?
IF 0.6
International Journal of the Legal Profession Pub Date : 2020-04-22 DOI: 10.1080/09695958.2020.1750410
Enibokun Uzebu-Imarhiagbe
{"title":"Women in the Nigerian judiciary: considerable headway or organised progress?","authors":"Enibokun Uzebu-Imarhiagbe","doi":"10.1080/09695958.2020.1750410","DOIUrl":"https://doi.org/10.1080/09695958.2020.1750410","url":null,"abstract":"ABSTRACT Women have made considerable progress in terms of their entrance into the legal profession, such that they are advancing towards parity with men on the High Court benches in Nigeria. This study is a product of qualitative empirical data gathered from interviews with judges and information gleaned from government records and personal files of judges in the Archives of the judiciaries in Mid-Western Nigeria. It identifies reasons for the increase in the number of women on the High Court Bench in the area. Women entering the legal professions in Nigeria from the 1930s opted for a career in government legal service and the Magistracy with less financial remuneration but regular work hours, than in private legal practice that provides higher remunerations and irregular work hours. Findings reveal that the number of women judges increased when it became fairly established to tunnel 90% of appointments to the High Court from these channels. The preliminary conclusion therefore, is that, although women lawyers have made considerable headway as High Court judges, the increase in their numbers on the High Court bench was not as a result of any organised policy to increase the number of women judges in Nigeria.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1750410","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46005628","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}
引用次数: 3
The role of a Law Student Pledge in shaping positive professional and ethical identities: a case study from Australia 法律学生誓言在塑造积极的职业和道德身份方面的作用:来自澳大利亚的案例研究
IF 0.6
International Journal of the Legal Profession Pub Date : 2020-04-05 DOI: 10.1080/09695958.2020.1749638
T. Mundy, Karina Murray, Kate Tubridy, John P Littrich
{"title":"The role of a Law Student Pledge in shaping positive professional and ethical identities: a case study from Australia","authors":"T. Mundy, Karina Murray, Kate Tubridy, John P Littrich","doi":"10.1080/09695958.2020.1749638","DOIUrl":"https://doi.org/10.1080/09695958.2020.1749638","url":null,"abstract":"ABSTRACT Law Student Oaths, Honour Codes and Pledges have been variously used as a way to communicate and regulate standards of law student behaviour and to inculcate them into the ethical and professional values and attitudes seen as important for future legal professionals, such as a commitment to honesty and integrity. Variations of Oaths, Codes and Pledges are used extensively in America and in many other parts of the world. However, they have never really featured in the Australian university landscape. This article reports on the introduction of a Law Student Pledge as part of the first year law experience at the University of Wollongong (UOW) in New South Wales, Australia. Through focus groups held with students, feedback from first year teaching staff, and through a practice of collaborative review, this article reports on the impact, benefits and challenges of introducing the Pledge at UOW, as well as the research team’s learnings and the future development of the Pledge.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1749638","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47809166","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}
引用次数: 1
Empowering judicial scriveners as litigators in Japan: is it justifiable and of value? 日本赋予司法执行人诉讼权:是否正当、是否有价值?
IF 0.6
International Journal of the Legal Profession Pub Date : 2020-03-23 DOI: 10.1080/09695958.2020.1742720
Kay-Wah Chan, Takayuki Ii
{"title":"Empowering judicial scriveners as litigators in Japan: is it justifiable and of value?","authors":"Kay-Wah Chan, Takayuki Ii","doi":"10.1080/09695958.2020.1742720","DOIUrl":"https://doi.org/10.1080/09695958.2020.1742720","url":null,"abstract":"ABSTRACT In Japan, the quasi-legal profession of judicial scriveners (shihō-shoshi) traditionally prepared documents for litigants to file with courts but did not have the right to represent them in courts. As part of the justice system reform, from April 2003, shihō-shoshi who took an induction course, passed a certification examination and obtained the Justice Minister’s certification are permitted to represent litigants in Summary Court civil lawsuits. Such work used to be monopolised by the full-fledged legal profession of bengoshi. The reform aimed at enhancing the public’s accessibility to legal service. However, has the change really achieved this objective? Has the objective been attained by another change under the reform: a substantial expansion of the bengoshi population? To examine the justifiability and value of the expansion of shihō-shoshi’s permitted scope of practice, this paper empirically investigates the post-reform situation of the two professions, Summary Court civil litigation, and legal representation in such lawsuits.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1742720","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43751359","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}
引用次数: 1
Problems in the pathways to judicial success: women in the legal profession in Northern Ireland 司法成功道路上的问题:北爱尔兰法律界的妇女
IF 0.6
International Journal of the Legal Profession Pub Date : 2020-03-23 DOI: 10.1080/09695958.2020.1742719
Leah Treanor
{"title":"Problems in the pathways to judicial success: women in the legal profession in Northern Ireland","authors":"Leah Treanor","doi":"10.1080/09695958.2020.1742719","DOIUrl":"https://doi.org/10.1080/09695958.2020.1742719","url":null,"abstract":"ABSTRACT This paper considers women’s representation in the under-explored context of the judiciary in Northern Ireland. Previous research into the experiences of women practitioners in the legal profession in Northern Ireland has indicated that women are discouraged from pursuing judicial careers for a variety of reasons associated with their gender. Further research into the gendered barriers these women practitioners face is required in order to assess the extent to which the same may impede their career progression. This paper uses a critical, social constructionist feminist approach to explore some of the gendered barriers influencing women’s under-representation in Northern Ireland’s judiciary. It is contended that representation can only be improved when women’s retention and progression through the ranks of the legal profession is addressed. Employing gender as a lens, this paper will analyse potential difficulties faced by the women solicitors and barristers in Northern Ireland in order to assess future judicial gender parity prospects in this jurisdiction as it is these women solicitors and barristers who form the female “talent pool” from which future members of the judiciary will be selected.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2020.1742719","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49640081","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}
引用次数: 4
The limits and benefits of international mobility: an empirical examination of the biographies of Australian legal academics 国际流动的局限和好处:对澳大利亚法律学者传记的实证检验
IF 0.6
International Journal of the Legal Profession Pub Date : 2020-01-02 DOI: 10.1080/09695958.2019.1699418
A. Melville, A. Barrow, Patrick Morgan
{"title":"The limits and benefits of international mobility: an empirical examination of the biographies of Australian legal academics","authors":"A. Melville, A. Barrow, Patrick Morgan","doi":"10.1080/09695958.2019.1699418","DOIUrl":"https://doi.org/10.1080/09695958.2019.1699418","url":null,"abstract":"ABSTRACT Academics are becoming increasingly internationally mobile, and yet there is still limited research into the nature, outcomes and limits of academic mobility. This paper examines the biographies of over 700 academics employed within Australian law schools. It identifies legal academics who hold academics qualifications have been employed outside of Australia. Almost a quarter of legal academics in our sample hold a first degree outside of Australia, over a third hold a non-Australian post-graduate degree. While it could be expected that possessing international experience would broaden an academic’s cultural experiences, we also found that the internationally mobile academics have typically studied and worked previously within an elite international law school, and are now employed within an elite Australian law school. In addition, experiences of international mobility are not equally distributed, and male legal academics are significantly more likely to have international experience than female legal academics.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2019.1699418","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41338574","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}
引用次数: 1
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