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Full-Text Articles in Law
Law As A Profession: Examining The Role Of Accountability, Susan Saab Fortney
Law As A Profession: Examining The Role Of Accountability, Susan Saab Fortney
Faculty Scholarship
In asserting that law is a profession, not a business, lawyers often refer to the role that self-governance plays in the legal profession. Julius Henry Cohen captured this sentiment in the following exhortation: “Ours is a profession...The sins of one of us are the sins of all of us.” Come, brethren, let us clean house.” Meaningful self-governance requires accountable and independent professionals. This article tackles accountability as fundamental aspects of professionalism. The examination of accountability considers fissures in accountability as demonstrated in lawyers’ rush to jump on the limited liability bandwagon and resistance to mandatory legal malpractice insurance and insurance …
Training Lawyer-Entrepreneurs, Luz E. Herrera
Training Lawyer-Entrepreneurs, Luz E. Herrera
Faculty Scholarship
The Great Recession has caused many new attorneys to question their decisions to go to law school. The highly publicized decline in employment opportunities for lawyers has called into question the value of obtaining a law degree. The tightening of the economy has diminished the availability of entry-level jobs for law graduates across employment sectors. Large law firms are laying-off lawyers, bringing in smaller first year associate classes, hiring more contract and experienced lateral attorneys. Government entities and public interest organizations have suffered furloughs, and hiring freezes, and are relying more on volunteers than on new employees to get the …
Adopting Law Firm Management Systems To Survive And Thrive: A Study Of The Australian Approach To Management-Based Regulation, Susan Saab Fortney, Tahlia Gordon
Adopting Law Firm Management Systems To Survive And Thrive: A Study Of The Australian Approach To Management-Based Regulation, Susan Saab Fortney, Tahlia Gordon
Faculty Scholarship
In Australia, amendments to the Legal Profession Act require that incorporated legal practices (ILPs) take steps to assure compliance with provisions of the Legal Profession Act 2004. Specifically, the legislation provides that the ILP must appoint a legal practitioner director to be generally responsible for the management of the ILP. The ILP must also implement and maintain “appropriate management systems" to enable the provision of legal services in accordance with the professional obligations of legal practitioners. Because the new law did not define “appropriate management systems” (AMS) the Office of Legal Services Commissioner for New South Wales worked with representatives …
System Adjustments, Brendan S. Maher
System Adjustments, Brendan S. Maher
Faculty Scholarship
This invited Essay considers the future of law data and system reform.
A Man In Full (A Tribute Remembering Professor David Bederman), Robert B. Ahdieh
A Man In Full (A Tribute Remembering Professor David Bederman), Robert B. Ahdieh
Faculty Scholarship
Robert B. Ahdieh provides a tribute remembering Professor David Bederman as a colleague and friend.
The Evolution Of The Common Law And Efficiency, Nuno Garoupa, Carlos Liguerre
The Evolution Of The Common Law And Efficiency, Nuno Garoupa, Carlos Liguerre
Faculty Scholarship
The efficiency of the common law hypothesis has generated a large bulk of literature in the last decades. The main argument is that there is an implicit economic logic to the common law; the doctrines in common law provide a coherent and consistent system of incentives which induce efficient behavior.
We start by observing that if the common law is overall evolutionarily efficient, we are left with no explanation for the important doctrinal differences across common law jurisdictions. The observation is more striking if we keep in mind that presumably the de jure initial condition was the same, namely English …