International Journal of the Legal Profession最新文献_第9页

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

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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":"27 1","pages":"269 - 289"},"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

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International Journal of the Legal Profession Pub Date : 2020-04-24 DOI: 10.1080/09695958.2020.1749058

T. Booth, A. Stuhmcke, J. Wangmann

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?

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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":"27 1","pages":"175 - 188"},"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

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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

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?

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International Journal of the Legal Profession Pub Date : 2020-03-23 DOI: 10.1080/09695958.2020.1742720

Kay-Wah Chan, Takayuki Ii

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

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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":"27 1","pages":"203 - 216"},"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

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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":"27 1","pages":"24 - 3"},"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

Legal aid services in Spain within the migration industry debate. Public policy, business or social compromise? 西班牙移民行业内部的法律援助服务争论。公共政策、商业还是社会妥协？

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International Journal of the Legal Profession Pub Date : 2020-01-02 DOI: 10.1080/09695958.2019.1701477

I. Barbero

引用次数: 2

Are we there yet? Best practices for diversity and inclusion in Australia 我们到了吗?澳大利亚多元化和包容性的最佳实践

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International Journal of the Legal Profession Pub Date : 2020-01-02 DOI: 10.1080/09695958.2019.1676754

T. Mundy, Nan Seuffert

{"title":"Are we there yet? Best practices for diversity and inclusion in Australia","authors":"T. Mundy, Nan Seuffert","doi":"10.1080/09695958.2019.1676754","DOIUrl":"https://doi.org/10.1080/09695958.2019.1676754","url":null,"abstract":"ABSTRACT This article reports on the findings of a pilot research project investigating current best practices, operating within national law firms in Australia, that support women lawyers in their advancement to partnership and other leadership positions. Academic research and professional body reports suggest that current diversity and inclusion (D&I) initiatives across the private sector are not resulting in significant change to advancement, retention and attrition of women in the legal profession. However, work done by the Women Lawyers’ Association of New South Wales in Australia, through the Data Comparison Project (DCP), indicates that some firms have made better progress than others. Building on the DCP, this article presents the findings of a pilot project involving in-depth interviews with four of the top-achieving national law firms in Australia on gender equity criteria. It finds that these firms are collectively engaging with many of the best practice initiatives for D&I recommended by the current national and international research and scholarship, and in some instances go beyond international best practice. What is apparent, however, is that the current best practices have yet to achieve significant advancement of women, or to break through the glass ceilings that continue to operate for women in large Australian law firms.","PeriodicalId":43893,"journal":{"name":"International Journal of the Legal Profession","volume":"27 1","pages":"111 - 81"},"PeriodicalIF":0.6,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09695958.2019.1676754","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46301619","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

Women judges who judge women offenders: a Chinese case study on gender and judging 审判女性罪犯的女性法官：中国性别与审判案例研究

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International Journal of the Legal Profession Pub Date : 2020-01-02 DOI: 10.1080/09695958.2020.1733580

Anqi Shen

引用次数: 1