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2013

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Full-Text Articles in Legal Profession

Academic Freedom And Professorial Speech In The Post-Garcetti World, Oren R. Griffin Nov 2013

Academic Freedom And Professorial Speech In The Post-Garcetti World, Oren R. Griffin

Seattle University Law Review

Academic freedom, a coveted feature of higher education, is the concept that faculty should be free to perform their essential functions as professors and scholars without the threat of retaliation or undue administrative influence. The central mission of an academic institution, teach-ing and research, is well served by academic freedom that allows the faculty to conduct its work in the absence of censorship or coercion. In support of this proposition, courts have long held that academic freedom is a special concern of the First Amendment, granting professors and faculty members cherished protections regarding academic speech. In Garcetti v. Ceballos, the ...


Reflections On The End Of The Federal Law Clerk Hiring Plan, Aaron L. Nielson Aug 2013

Reflections On The End Of The Federal Law Clerk Hiring Plan, Aaron L. Nielson

Michigan Law Review First Impressions

As applicants, federal judges, and law school career counselors everywhere frantically come to terms with the new clerkship landscape, one truth is inescapable: the Federal Law Clerk Hiring Plan ("the Plan") is dead. On January 29, 2013, the D.C. Circuit-the Plan's last and best defender-announced that it would no longer follow the Plan. The consequences of that announcement have been swift. For the last several months, months earlier than almost anyone expected, untold numbers of federal judges across the country have been rushing to hire law clerks. For these judges, the unregulated clerkship market of the pre-Plan era ...


Law And Lawyers In The Incident Command System, Clifford J. Villa Jul 2013

Law And Lawyers In The Incident Command System, Clifford J. Villa

Seattle University Law Review

Although the Incident Command System (ICS) has existed for some forty years, the use of ICS grew significantly in the past decade because the United States learned hard lessons from infamous failures of incident management after 9/11 and Hurricane Katrina. As such, ICS theory and practice must be understood by legal scholars and practitioners who seek to contribute to the growing fields of climate change adaptation and disaster response. Filling a gap in the legal literature, this article will provide lawyers and legal scholars with an introduction to the Incident Command System, outlining the origin, doctrines, and organizational framework ...


The Impact Of The Economic Downturn On Women Lawyers In The United States, Cynthia Fuchs Epstein, Abigail Kolker Jul 2013

The Impact Of The Economic Downturn On Women Lawyers In The United States, Cynthia Fuchs Epstein, Abigail Kolker

Indiana Journal of Global Legal Studies

Although women have made considerable inroads in the legal profession over the past four decades, a review of their distribution in various types of practice in the United States shows that, compared to their male colleagues, they have been affected disproportionately by the recent economic downturn, although not in every sphere of the profession. This study reviews research, articles in the legal press, and online blogs that report women's access to equity partnerships has been stalled, their representation in part-time employment has increased, and they are disproportionately recruited or diverted to positions as staff or contract attorneys. Women's ...


"Why Is Gender A Form Of Diversity?": Rising Advantages For Women In Global Indian Law Firms, Swethaa Ballakrishnen Jul 2013

"Why Is Gender A Form Of Diversity?": Rising Advantages For Women In Global Indian Law Firms, Swethaa Ballakrishnen

Indiana Journal of Global Legal Studies

Women in Legal Practice: Global and Local Perspectives, Symposium, June 5-8, 2012. Annual Meeting of the Law and Society Association.


Introduction: Effects Of Global Developments On Gender And The Legal Practice, Gabriele Plickert Jul 2013

Introduction: Effects Of Global Developments On Gender And The Legal Practice, Gabriele Plickert

Indiana Journal of Global Legal Studies

Women in Legal Practice: Global and Local Perspectives, Symposium, June 5-8, 2012. Annual Meeting of the Law and Society Association.


Women In The Legal Profession, 1970-2010: A Study Of The Global Supply Of Lawyers, Ethan Michelson Jul 2013

Women In The Legal Profession, 1970-2010: A Study Of The Global Supply Of Lawyers, Ethan Michelson

Indiana Journal of Global Legal Studies

This article represents the first effort to measure the changing global supply and composition of lawyers over a period of several decades. In it I assemble data on lawyer populations and gender compositions from eighty-six countries and use them to calculate estimates for the rest of the world in order to paint a truly global picture of the changing supply of lawyers in general and of female lawyers in particular. Most of the data supporting my analyses come from a unique and hitherto untapped source: individual-level census data. Results reveal a clear sequence in the global process of lawyer feminization ...


Parenthood Status And Compensation In Law Practice, Nancy Reichman, Joyce Sterling Jul 2013

Parenthood Status And Compensation In Law Practice, Nancy Reichman, Joyce Sterling

Indiana Journal of Global Legal Studies

This article asks how cultural frameworks of status influence the evaluation of performance including compensation and advancement of lawyers who were seven years into their practice. We borrow from the work on status expectations that goes beyond gender distinctions and assesses whether the concept of motherhood has a negative impact on assessment of female lawyers. Status expectations theory hypothesizes that mothers are valued less because they are less committed to the workplace and thus receive a motherhood penalty while men receive a fatherhood bonus in compensation decisions. Employing data from the After The JD study, we test the impact of ...


Leaving Private Practice: How Organizational Context, Time Pressures, And Structural Inflexibilities Shape Departures From Private Law Practice, Fiona M. Kay, Stacey Alarie, Jones Adjei Jul 2013

Leaving Private Practice: How Organizational Context, Time Pressures, And Structural Inflexibilities Shape Departures From Private Law Practice, Fiona M. Kay, Stacey Alarie, Jones Adjei

Indiana Journal of Global Legal Studies

Numerous studies document women's overrepresentation among those leaving the profession of law. Although research has documented high turnover among women lawyers, particularly from private practice, only a handful of studies have explored the factors precipitating the decision to leave. The main causal factors identified to date include difficulties associated with combining family life and law practice and problems of discrimination and blocked career advancement. In this paper, we analyze data from a longitudinal study of nearly 1,600 Canadian lawyers, surveyed across a twenty-year period. Using survival models to estimate the timing of transitions out of private practice, we ...


Chinese Women In Legal Education, Xiaonan Liu Jul 2013

Chinese Women In Legal Education, Xiaonan Liu

Indiana Journal of Global Legal Studies

This paper examines the history and development of women entering legal education in China. Based on a survey, interviews, and archival research, this paper attempts to analyze Chinese women's current status in legal education and reaches the conclusion that although women have made significant gains in legal education, they are still facing gender discrimination and bias in the legal sector. The paper also looks into the reasons why women have in the past belonged to "the other" in the legal area, and whether there is any conflict between legal characteristics" and "feminine characteristics." It attempts to break the constraint ...


Gender And Global Lawyering: Where Are The Women?, Steven A. Boutcher, Carole Silver Jul 2013

Gender And Global Lawyering: Where Are The Women?, Steven A. Boutcher, Carole Silver

Indiana Journal of Global Legal Studies

The dual forces of globalization and support for diversity in the legal profession are responsible for significant growth among U.S. law firms. Both women lawyers and those educated outside of the U.S. have been important elements facilitating the global trajectories of U.S. firms, but the interaction between the two has not been the subject of substantial research. We address this gap by drawing on an original dataset of lawyer biographies, and consider whether career strategies that involve the international mobility of lawyers are equally powerful for women and men. Our research suggests that globalization of large firm ...


Afterward: A Comparative Look At The Status Of Women In The Legal Profession, Carroll Seron Jul 2013

Afterward: A Comparative Look At The Status Of Women In The Legal Profession, Carroll Seron

Indiana Journal of Global Legal Studies

Women in Legal Practice: Global and Local Perspectives, Symposium, June 5-8, 2012. Annual Meeting of the Law and Society Association.


Gender And Difference Among Brazilian Lawyers And Judges: Public And Private Practice In The Global Periphery, Maria Da Gloria Bonelli Jul 2013

Gender And Difference Among Brazilian Lawyers And Judges: Public And Private Practice In The Global Periphery, Maria Da Gloria Bonelli

Indiana Journal of Global Legal Studies

This article examines the ways in which Brazilian lawyers and judges experience difference. It focuses on how gender and diversity intersect in identity formation among women and men in public and private practice in the state of Sdo Paulo, Brazil. In attempting not to attach one fixed meaning to the concept of difference, the research works with Avtar Brah's typology, which aids in detecting how difference is perceived and experienced by the interviewees. The results provide a look at the specificities of professional practice in the global periphery, comparing the gender composition of law firms and gender stratification within ...


Religiously Devout Judges: A Decision-Making Framework For Judicial Disqualification, Michelle L. Jones Jul 2013

Religiously Devout Judges: A Decision-Making Framework For Judicial Disqualification, Michelle L. Jones

Indiana Law Journal

No abstract provided.


The Learned-Helpless Lawyer: Clinical Legal Education And Therapeutic Jurisprudence As Antidotes To Bartleby Syndrome, Amy D. Ronner Jun 2013

The Learned-Helpless Lawyer: Clinical Legal Education And Therapeutic Jurisprudence As Antidotes To Bartleby Syndrome, Amy D. Ronner

Touro Law Review

No abstract provided.


If Only We Knew What We Know, Conrad Johnson, Brian Donnelly Jun 2013

If Only We Knew What We Know, Conrad Johnson, Brian Donnelly

Chicago-Kent Law Review

This article contributes to the broader themes surrounding law and technology raised in this symposium by taking a look at lawyering and knowledge management. This topic is presented both as a theory and with a case study. The first part provides a brief summary of the basic lawyering paradigm used in the Lawyering in the Digital Age Clinic at Columbia Law School—that all lawyering activities can be understood within the context of gathering, managing and presenting information. The second category of the paradigm is expanded upon to review the activity of managing knowledge. Then, knowledge management is positioned as ...


Thinking Like A Lawyer, Designing Like An Architect: Preparing Students For The 21st Century Practice, Tanina Rostain, Roger Skalbeck, Kevin G. Mulcahy Jun 2013

Thinking Like A Lawyer, Designing Like An Architect: Preparing Students For The 21st Century Practice, Tanina Rostain, Roger Skalbeck, Kevin G. Mulcahy

Chicago-Kent Law Review

Various law schools—Chicago-Kent Law School, New York Law School, Vermont Law School, and Georgetown Law Center among them—are beginning to offer innovative classes in which students learn to build legal expert systems intended to enhance access to the legal system. Working in platforms that do not require technical expertise, students are able to build apps that incorporate rules-based logic, factor balancing, and mathematical operations to implement the reasoning of a regulatory regime. In this essay, we suggest that teaching students to design apps furthers pedagogic goals associated with the traditional law school curriculum and clinical teaching. In designing ...


The Teaching Of Law Practice Management And Technology In Law Schools: A New Paradigm, Richard S. Granat, Stephanie Kimbro Jun 2013

The Teaching Of Law Practice Management And Technology In Law Schools: A New Paradigm, Richard S. Granat, Stephanie Kimbro

Chicago-Kent Law Review

The teaching of law practice management in law schools is becoming more critical for our profession. Employment with a traditional law firm used to provide the training and mentorship necessary to practice law. As a result of fewer employment prospects with traditional law firms, law students are now faced with the prospect of entering into law practice without this critical training and knowledge base soon after they become members of the bar.

Additionally, the Internet and information technology is transforming the practice of law and, as a result, the management of law firms is also being transformed. Lawyers must understand ...


Developing An E-Curriculum: Reflections On The Future Of Legal Education And On The Importance Of Digital Expertise, Oliver Goodenough Jun 2013

Developing An E-Curriculum: Reflections On The Future Of Legal Education And On The Importance Of Digital Expertise, Oliver Goodenough

Chicago-Kent Law Review

Legal education is in the midst of significant change, where much of how and what we have taught is under scrutiny. As we reform our curriculums in this moment of change, we should be guided by considerations of value added, values added, economic sustainability. It is no longer enough for our programs to target bar passage, doctrinal coverage, a shared language of argument, and skills and perspectives, important as these may be. Practice in the foreseeable future requires us to add new knowledge and competencies. Law and technology is an area that is ripe for expansion, with the possibility of ...


Law Schools As Knowledge Centers In The Digital Age, Vern R. Walker, A.J. Durwin, Philip H. Hwang, Keith Langlais, Mycroft Boyd Jun 2013

Law Schools As Knowledge Centers In The Digital Age, Vern R. Walker, A.J. Durwin, Philip H. Hwang, Keith Langlais, Mycroft Boyd

Chicago-Kent Law Review

This article explores what it would mean for law schools to be “knowledge centers” in the digital age, and to have this as a central mission. It describes the activities of legal knowledge centers as: (1) focusing on solving real legal problems in society outside of the academy; (2) evaluating the problem-solving effectiveness of the legal knowledge being developed; (3) re-conceptualizing the structures used to represent legal knowledge, the processes through which legal knowledge is created, and the methods used to apply that knowledge; and (4) disseminating legal knowledge in ways that assist its implementation. The Article uses as extended ...


Gaming The System: Approaching 100% Access To Legal Services Through Online Games, William E. Hornsby Jr. Jun 2013

Gaming The System: Approaching 100% Access To Legal Services Through Online Games, William E. Hornsby Jr.

Chicago-Kent Law Review

By all measures, the American Legal System falls short of providing access to justice for all. Legal needs studies show that people often do not recognize when they have a problem for which there is a legal solution and therefore do not seek out lawyers or the justice system to provide assistance with their problems. Some assert that the costs of legal services are beyond the means of many people. While that is true for the poor in some areas of law, both the marketplace and specific programs, such as lawyer referral modest means panels, provide affordable legal services for ...


Access To Justice And Technology Clinics: A 4% Solution, Ronald W. Staudt, Andrew P. Medeiros Jun 2013

Access To Justice And Technology Clinics: A 4% Solution, Ronald W. Staudt, Andrew P. Medeiros

Chicago-Kent Law Review

This article argues that law schools should add Access to Justice and Technology Clinics: a new type of clinical course that teaches law students how to use and deploy technology to assist law practice. If widely adopted, these clinics will help law students learn core competencies needed in an increasingly technological profession while simultaneously building tools and content to help low income, self-represented litigants overcome serious barriers in their pursuit of justice. In our prototype course at Chicago-Kent, Justice and Technology Practicum, students use A2J Author to build A2J Guided Interviews and in the process students learn legal research, writing ...


Teaching Law And Digital Age Legal Practice With An Ai And Law Seminar, Kevin D. Ashley Jun 2013

Teaching Law And Digital Age Legal Practice With An Ai And Law Seminar, Kevin D. Ashley

Chicago-Kent Law Review

This article provides a guide and examples for using a seminar on Artificial Intelligence (AI) and Law to teach lessons about legal reasoning and about legal practice in the digital age. Artificial Intelligence and Law is a subfield of AI/ computer science research that focuses on computationally modeling legal reasoning. In at least a few law schools, the AI and Law seminar has regularly taught students fundamental issues about law and legal reasoning by focusing them on the problems these issues pose for scientists attempting to computationally model legal reasoning. AI and Law researchers have designed programs to reason with ...


Liberty, Justice, And Legal Automata, Marc Lauritsen Jun 2013

Liberty, Justice, And Legal Automata, Marc Lauritsen

Chicago-Kent Law Review

Legal work is increasingly doable by artificial systems built out of software. Providers in both commercial and non-profit contexts are making such systems available for direct use by consumers. Some lawyers and policy makers understandably worry that these developments pose dangers for users and may inappropriately intrude on the prerogatives of the legal profession. This article reviews the extent to which software-based legal assistance systems can or should be suppressed as the unauthorized practice of law in light of constitutional rights of free expression and the social good of access to justice.


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 Memory Of Professor Derrick Bell, Bell Symposium May 2013

In Memory Of Professor Derrick Bell, Bell Symposium

Seattle University Law Review

Derrick Bell—law teacher, mentor, scholar, activist, author, loving husband and father—larger than the sum of his many parts. The articles in this symposium are fitting tributes to his legacy and valuable contributions to Derrick’s memory.


Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner May 2013

Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner

Pepperdine Law Review

No abstract provided.


New Challenges To Investor's Counsel: Legal Risk Analysis And The Work-Out Perspective In Ldc Investment, Allen P.K. Keesee May 2013

New Challenges To Investor's Counsel: Legal Risk Analysis And The Work-Out Perspective In Ldc Investment, Allen P.K. Keesee

Pepperdine Law Review

No abstract provided.


In Memoriam: Milton Brent Oldham, David J. Agatstein Apr 2013

In Memoriam: Milton Brent Oldham, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.