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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.


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 ...


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 ...


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 ...