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Full-Text Articles in Law
An Empirical Analysis Of Diversity In The Legal Profession, Jason P. Nance, Paul E. Madsen
An Empirical Analysis Of Diversity In The Legal Profession, Jason P. Nance, Paul E. Madsen
UF Law Faculty Publications
The purpose of this Study is to empirically examine the diversity of the legal profession. The primary distinctive features of this empirical analysis are that it evaluates diversity in the legal profession by (a) carefully comparing it against other prestigious professions that have significant barriers to entry, and (b) focusing on young individuals who recently began their careers. These distinctions are made to isolate anomalies that are more likely caused by forces specific to the legal profession rather than general social forces that limit the eligibility of historically disadvantaged groups to pursue prestigious employment opportunities. Further, by narrowing our focus …
Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry
Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry
Faculty Scholarly Works
The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal practice developments.” The thesis of this article is that the Commission was much more successful with the “technology” aspect of its work than it was with the globalization aspect of its work. This article offers an explanation for these differing levels of success and identifies an alternative path the Commission might have taken that might have led to greater success …
"Ph.D. Lite": A New Approach To Teaching Scholarly Legal Writing, Jacqueline D. Lipton
"Ph.D. Lite": A New Approach To Teaching Scholarly Legal Writing, Jacqueline D. Lipton
Akron Law Faculty Publications
Most American law schools require the satisfaction of an upper level writing requirement, usually in the form of a seminar paper, or “Note”, for graduation. The problem for many students is that the J.D. is not generally geared towards learning scholarly writing. In recent years, the author has experimented with reformulating a seminar class as a “writing workshop” in order to focus on the scholarly writing process. In so doing, she has drawn from experiences supervising legal research degrees in other countries where research-based LL.M. degrees and Ph.D. degrees in law are the norm. This essay details her approach – …
Am I My Brother’S Keeper? A Tax Law Perspective On The Challenge Of Balancing Gatekeeping Obligations And Zealous Advocacy In The Legal Profession, Richard L. Lavoie
Am I My Brother’S Keeper? A Tax Law Perspective On The Challenge Of Balancing Gatekeeping Obligations And Zealous Advocacy In The Legal Profession, Richard L. Lavoie
Akron Law Faculty Publications
In recent years the question of whether lawyers have a general ethical obligation to serve a gatekeeping function has been raised in a number of legal contexts. The reaction of the practicing bar generally has been unenthusiastic. While asserting that a gatekeeping function should be generally applicable to all attorneys is a relatively recent stance, such an obligation historically has been acknowledged to various degrees in several specific practice areas, including particularly in the field of federal income taxation. This piece examines the gatekeeping question, and how the practicing bar should react to it, through an examination of the gatekeeping …
Putting The Legal Profession's Monopoly On The Practice Of Law In A Global Context, Laurel S. Terry
Putting The Legal Profession's Monopoly On The Practice Of Law In A Global Context, Laurel S. Terry
Faculty Scholarly Works
When considering the proper scope of the U.S. legal profession's monopoly, regulators and commentators may find it useful to compare the scope of the U.S. monopoly with the legal profession monopolies found in other countries. This Article surveys what we know-and do not know-about the scope of the monopoly in countries other than the United States. The Article finds that the state of knowledgeon this topic is relatively undeveloped, that the scope of the U.S. legal profession's monopoly appears to be larger than the scope of the monopoly found in some other countries, but that the "conventional wisdom" may be …
Forewarned Is Forearmed: Anticipating Big Changes For The Legal Profession, Laurel Terry
Forewarned Is Forearmed: Anticipating Big Changes For The Legal Profession, Laurel Terry
Faculty Scholarly Works
No abstract provided.
Conceptions Of Agency In Social Movement Scholarship: Mack On African American Civil Rights Lawyers [Comments], Susan Carle
Conceptions Of Agency In Social Movement Scholarship: Mack On African American Civil Rights Lawyers [Comments], Susan Carle
Articles in Law Reviews & Other Academic Journals
This essay examines the theory of individual agency that propels the central thesis in Kenneth Mack's Representing the Race: The Creation of the Civil Rights Lawyer (2012)-namely, that an important yet understudied means by which African American civil rights lawyers changed conceptions of race through their work was through their very performance of the professional role of lawyer. Mack shows that this performance was inevitably fraught with tension and contradiction because African American lawyers were called upon to act both as exemplary representatives of their race and as performers of a professional role that traditionally had been reserved for whites …
What's Money Got To Do With It?: Public Interest Lawyering And Profit, Kathryn A. Sabbeth
What's Money Got To Do With It?: Public Interest Lawyering And Profit, Kathryn A. Sabbeth
Faculty Publications
No abstract provided.