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Articles 1 - 15 of 15

Full-Text Articles in Legal Profession

Microaggressions In The Context Of An Academic Community, Catharine P. Wells Sep 2013

Microaggressions In The Context Of An Academic Community, Catharine P. Wells

Boston College Law School Faculty Papers

There has been much discussion of the concept of microaggressions in the legal literature. These are statements made by members of a dominant group that serve to denigrate, delegitimate or insult minority members of the community. Often they are unintended and unnoticed by members of the dominant group. This article analyzes such statements in order to show 1)that they are not a simple matter of personal insult but that they work strategically to disempower minority members; 2)that their dual nature -- invisibility to one group and offence to the other -- serves to destabilize and polarize the community itself.


Can Law Schools Prepare Students To Be Practice Ready?, R. Michael Cassidy Sep 2013

Can Law Schools Prepare Students To Be Practice Ready?, R. Michael Cassidy

Boston College Law School Faculty Papers

No abstract provided.


Report Of The Standing Advisory Commmitee On The Rules Of Professional Conduct, Massachusetts Supreme Judicial Court Standing Advisory Committee On The Rules Of Professional Conduct, R. Michael Cassidy Aug 2013

Report Of The Standing Advisory Commmitee On The Rules Of Professional Conduct, Massachusetts Supreme Judicial Court Standing Advisory Committee On The Rules Of Professional Conduct, R. Michael Cassidy

Boston College Law School Faculty Papers

No abstract provided.


Institutional Bridging: How Large Law Firms Engage In Globalization, John Flood May 2013

Institutional Bridging: How Large Law Firms Engage In Globalization, John Flood

Boston College Law Review

This Article introduces the “Born Global” concept into the discussion of law firms and lawyers. Born Global firms are companies that globalize at an accelerated rate. This Article illustrates that English and American law firms are the precursors to Born Global companies and highlights how the common law facilitated this process. It also demonstrates, through modern case studies, how lawyers and the common law continue to have a globalizing effect in the business world. Last, the Article argues that the disparity between U.K. and U.S. law firms created by the U.K. Legal Services Act of 2007 may ...


The Rise Of The Corporate Legal Elite In The Brics: Implications For Global Governance, David B. Wilkins, Mihaela Papa May 2013

The Rise Of The Corporate Legal Elite In The Brics: Implications For Global Governance, David B. Wilkins, Mihaela Papa

Boston College Law Review

Both international relations scholars interested in the future of global governance and sociologists of the legal profession studying the globalization of the legal services market are devoting increasing attention to rising powers, particularly the BRICS (Brazil, Russia, India, China, and South Africa). Yet very little of this rich literature addresses the intersection between these two theoretical domains. In this Article, we explore one such intersection that is likely to be increasingly important in the coming years: the role that the new corporate legal elite emerging within the BRICS countries will play in shaping global governance. We conceptualize three processes through ...


In Defense Of The Business Of Law, Judith A. Mcmorrow May 2013

In Defense Of The Business Of Law, Judith A. Mcmorrow

Boston College Law School Faculty Papers

This article focuses on three current professionalism challenges in the U.S. legal profession: (i) the problem of neglect, poor client communication, and poor management of client funds; (ii) the need to improve the ethical infrastructures in practice settings to enhance both routine practice and ethical decision-making when lawyers confront ethical challenges; and (iii) the challenge of providing legal services to the poor and working class. For each, it turns out that improving adherence to core values requires not just training lawyers to internalize a model of professionalism, and a continuing commitment to self-regulation in some form, but also implementing ...


Introducing The Inaugural Clough Public Interest Law Scholars, Boston College Law School May 2013

Introducing The Inaugural Clough Public Interest Law Scholars, Boston College Law School

Law School Publications

Biographies of students from the classes of 2014 and 2015 who received Clough Public Interest Law Scholarships.


American Legal Education: Where Did It Come From? Where Is It Going?, Daniel R. Coquillette Apr 2013

American Legal Education: Where Did It Come From? Where Is It Going?, Daniel R. Coquillette

Law School Publications

Keynote address delivered to the National Conference of Bar Examiners on April 19, 2013.


Boston College Law School Public Interest Newsletter, Boston College Law School Apr 2013

Boston College Law School Public Interest Newsletter, Boston College Law School

Law School Publications

Newsletter of the Boston College Law School Public Interest Law Foundation.


Custom And Practice Unmasked: The Legal History Of Massachusetts' Experience With The Unauthorized Practice Of Law, Alexis Anderson Mar 2013

Custom And Practice Unmasked: The Legal History Of Massachusetts' Experience With The Unauthorized Practice Of Law, Alexis Anderson

Boston College Law School Faculty Papers

Through educational barriers, occupational licensing, and bar association activities, American lawyers have endeavored to achieve a monopoly on the practice of law. One tool that has helped cement their ability to define lawyer-only turf is the unauthorized practice of law (“UPL”) doctrine.

This Article, which explores Massachusetts’ attempts to bar lay practitioners, reveals that the state’s unauthorized practice of law movement took hold relatively recently. It has been marked by fits and starts, by active proponents and by equally determined naysayers, by headline grabbing politicians and bar leaders, and by increasingly assertive judges. Perhaps most importantly, this account also ...


Strategic Austerity: How Some Law School Affordability Initiatives Could Actually Improve Learning Outcomes, R. Michael Cassidy Feb 2013

Strategic Austerity: How Some Law School Affordability Initiatives Could Actually Improve Learning Outcomes, R. Michael Cassidy

Boston College Law School Faculty Papers

The legal profession is facing profound and perhaps irreversible changes. Whether you view these striking demographics as a “crisis” likely depends on the location of your perch. If you are a tenured professor at a T14 law school or a senior partner at an NLJ 250 firm, you may view the trends we have been discussing today as cyclical corrections. If you are an unemployed graduate looking for work or an untenured professor at a lower-tier school that is struggling to stay afloat, you may be more likely to view these trends as permanent and paradigm shifting.

While applications to ...


Boston College Law School Pro Bono Program, Boston College Law School Feb 2013

Boston College Law School Pro Bono Program, Boston College Law School

Law School Publications

Flyer describing the Pro Bono Program at Boston College Law School


Public Service Scholars Program: Recipient Biographies For The Classes Of 2009-2014, Boston College Law School Feb 2013

Public Service Scholars Program: Recipient Biographies For The Classes Of 2009-2014, Boston College Law School

Law School Publications

Biographies of the fifteen Public Service Scholars who were members of the Boston College Law School classes of 2009-2014. Includes a description of the Public Service Scholars Program.


Unregulated Internal Investigations: Achieving Fairness For Corporate Constituents, Bruce A. Green, Ellen S. Podgor Jan 2013

Unregulated Internal Investigations: Achieving Fairness For Corporate Constituents, Bruce A. Green, Ellen S. Podgor

Boston College Law Review

This Article focuses on the relationship between corporations and their employee constituents in the context of corporate internal investigations, an unregulated multimillion-dollar business. The classic approach provided in the 1981 Supreme Court opinion, Upjohn v. United States, is contrasted with the reality of modern-day internal investigations that may exploit individuals to achieve a corporate benefit with the government. Attorney-client privilege becomes an issue as corporate constituents perceive that corporate counsel is representing their interests, when in fact these internal investigators are obtaining information for the corporation to barter with the government. Legal precedent and ethics rules provide little relief to ...


Lawyers And The New Institutionalism, Paul R. Tremblay, Judith A. Mcmorrow Jan 2013

Lawyers And The New Institutionalism, Paul R. Tremblay, Judith A. Mcmorrow

Boston College Law School Faculty Papers

Drawing on the sociological theory of new institutionalism, this essay explores the ethical behavior and decision-making of lawyers by reference to the organizational context in which lawyers work. As the new institutionalism predicts, lawyers develop powerful assimilated informal norms, practices, habits, and customs that sometimes complement and other times supplant formal substantive law on professional conduct. Structural choices in practice settings influence the creation of these informal norms. The challenge for the legal profession, and particularly academics who teach legal ethics, is how to prepare law students and lawyers better to recognize and analyze the norms in their practice setting ...