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Articles 151 - 180 of 727
Full-Text Articles in Entire DC Network
Admit That The Waters Around You Have Grown: Change And Legal Education, Mari J. Matsuda
Admit That The Waters Around You Have Grown: Change And Legal Education, Mari J. Matsuda
Indiana Law Journal
Presented as the Addison C. Harris Lecture at Indiana University Maurer School of Law, Bloomington, Indiana, September 25, 2013.
Vol. 47, No. 05 (September 29, 2014)
Making The Client's Peace: "Privatizing" Peace? Global Law Firms Offering Pro Bono Services In Post-Conflict Settings, Cindy Daase
Making The Client's Peace: "Privatizing" Peace? Global Law Firms Offering Pro Bono Services In Post-Conflict Settings, Cindy Daase
Indiana Journal of Global Legal Studies
Lawyers of global law firms have begun to take on complex pro bono representations for clients in peace and constitution-building settings. These lawyers, who often cooperate across different offices of a global law firm, are not acting based on an external mandate but pursuant to an attorney-client relationship. The client is the source of authority and the owner of the process; yet, global law firms that serve pro bono clients are also a form of profit-making transnational corporation. In their day-today business they represent the interests of paying clients. This article will discuss whether and how such constellations can lead …
Protecting The Home Turf: National Bar Associations And The Foreign Lawyer, Brendan K. Smith
Protecting The Home Turf: National Bar Associations And The Foreign Lawyer, Brendan K. Smith
Indiana Journal of Global Legal Studies
This note addresses the issues raised by domestic laws and bar associations limiting the practice of foreign lawyers. It looks at how the increase in globalization has led different countries to take different approaches toward dealing with these foreign lawyers. There are complex and varying reasons for how a country approaches foreign lawyers, as is demonstrated particularly through the actions of Brazil, India, and Japan. Also, it appears that emerging, but not as of yet established, global economic powers have decided it is in their interest to severely restrict the activity of foreign lawyers. The note suggests that these emerging …
Enduring Hierarchies In American Legal Education, Olufunmilayo B. Arewa, Andrew P. Morriss, William D. Henderson
Enduring Hierarchies In American Legal Education, Olufunmilayo B. Arewa, Andrew P. Morriss, William D. Henderson
Indiana Law Journal
Although much attention has been paid to U.S. News & World Report’s rankings of U.S. law schools, the hierarchy it describes is a long-standing one rather than a recent innovation. In this Article, we show the presence of a consistent hierarchy of U.S. law schools from the 1930s to the present, provide a categorization of law schools for use in research on trends in legal education, and examine the impact of U.S. News’s introduction of a national, ordinal ranking on this established hierarchy. The Article examines the impact of such hierarchies for a range of decision making in law school …
Vol. 46, No. 07 (March 3, 2014)
Vol. 46, No. 01 (January 20, 2014)
The Feasibility Of Litigation Markets, Jonathan T. Molot
The Feasibility Of Litigation Markets, Jonathan T. Molot
Indiana Law Journal
No abstract provided.
Human Capital Accounting, William D. Henderson
Human Capital Accounting, William D. Henderson
Articles by Maurer Faculty
No abstract provided.
Grappling At The Grassroots: Access To Justice In India's Lower Tier, Jayanth K. Krishnan, Shirish N. Kavadi, Azima Girach, Dhanaji Khupkar, Kilindi Kokal, Satyajeet Mazumdar, Nupar, Gayatri Panday, Aatreyee Sen, Aqseer Sodhi, Bharati Takale Shukla
Grappling At The Grassroots: Access To Justice In India's Lower Tier, Jayanth K. Krishnan, Shirish N. Kavadi, Azima Girach, Dhanaji Khupkar, Kilindi Kokal, Satyajeet Mazumdar, Nupar, Gayatri Panday, Aatreyee Sen, Aqseer Sodhi, Bharati Takale Shukla
Articles by Maurer Faculty
From 2010 to 2012, a team of academic and civil society researchers conducted extensive ethnographies of litigants, judges, lawyers, and courtroom personnel within multiple districts in three states: Maharashtra, Gujarat, and Himachal Pradesh. This Article provides an in-depth account of the everyday struggles these actors face in the pursuit of their respective objectives. The findings illustrate a complex matrix of variables-including infrastructure, staffing, judicial training and legal awareness, costs and continuances, gender and caste discrimination, power imbalances, intimidation and corruption, miscellaneous delays, and challenges with specialized forums-impact access to justice in the lower tier. The results of this study offer …
Did The National Security Agency Destroy The Prospects For Confidentiality And Privilege When Lawyers Store Clients' Files In The Cloud--And What, If Anything, Can Lawyers And Law Firms Realistically Do In Response?, Sarah Jane Hughes
Articles by Maurer Faculty
No abstract provided.
Access To Counsel: Psychological Science Can Improve The Promise Of Civil Rights Enforcement, Victor D. Quintanilla, Cheryl R. Kaiser
Access To Counsel: Psychological Science Can Improve The Promise Of Civil Rights Enforcement, Victor D. Quintanilla, Cheryl R. Kaiser
Articles by Maurer Faculty
Employment discrimination claimants in general, and racial minority claimants in particular, disproportionately lack access to legal counsel. When employment discrimination claimants lack counsel, they typically abandon their claims, or if they pursue their claims, they do so pro se (without counsel), a strategy that is seldom successful in court. Access to counsel is, hence, a decisive component in whether employment discrimination victims realize the potential of civil rights enforcement. Psychological science analyzes access to counsel by identifying psychological barriers—such as threatened social identity, mistrust in legal authorities, and fear of repercussions—that prevent employment discrimination victims from pursuing counsel. The analysis …
Letting Go Of Old Ideas, William D. Henderson
Letting Go Of Old Ideas, William D. Henderson
Articles by Maurer Faculty
No abstract provided.
Vol. 45, No. 11 (November 18, 2013)
Vol. 45, No. 05 (September 30, 2013)
Introduction: Effects Of Global Developments On Gender And The Legal Practice, Gabriele Plickert
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
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. …
Gender And Global Lawyering: Where Are The Women?, Steven A. Boutcher, Carole Silver
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 practice has not …
"Why Is Gender A Form Of Diversity?": Rising Advantages For Women In Global Indian Law Firms, Swethaa Ballakrishnen
"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.
Afterward: A Comparative Look At The Status Of Women In The Legal Profession, Carroll Seron
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.
Leaving Private Practice: How Organizational Context, Time Pressures, And Structural Inflexibilities Shape Departures From Private Law Practice, Fiona M. Kay, Stacey Alarie, Jones Adjei
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 examine factors …
Vol. 44, No. 09 (March 18, 2013)
Vol. 44, No. 05 (February 11, 2013)
What Could Be Gained In Translation: Legal Language And Lawyer-Linguists In A Globalized World, Samantha Hargitt
What Could Be Gained In Translation: Legal Language And Lawyer-Linguists In A Globalized World, Samantha Hargitt
Indiana Journal of Global Legal Studies
Translation and interpretation have long played a vital role in many legal contexts, from providing equal rights to defendants to facilitating mutual understanding among the members of the United Nations. Legal language, though, is incredibly complex and even faithfully equivalent translations can fail to meet the high standards required for operation in international legal contexts, where a lack of understanding over a single term could mean the difference between a material and non-material breach in a treaty or transnational contract. Branches of linguistics, such as comparative legal linguistics and forensic linguistics, study the characteristics and functions of legal language across …
Legal Education: Globalization, And Institutional Excellence: Challenges For The Rule Of Law And Access To Justice In India, C. Raj Kumar
Legal Education: Globalization, And Institutional Excellence: Challenges For The Rule Of Law And Access To Justice In India, C. Raj Kumar
Indiana Journal of Global Legal Studies
Legal education plays an important role in developing lawyers who act as social engineers and work towards the cause of nation building. In a globalized world, law schools face the challenges of increased foreign competition and reduction of the role of the state. At the same time, globalization affords space for re-examining higher education systems by affording opportunity for establishing global universities with international collaborations and programs. This article examines the role of law schools in India and proposes reforms in Indian legal education system in the light of globalization. It examines how the private sector in India can contribute …
Globalization, The Rule Of (Administrative) Law, And The Realization Of Democratic Governance In Africa: Realities, Challenges, And Prospects, Migai Akech
Indiana Journal of Global Legal Studies
This article reviews the impact of globalization on democracy in Africa. It sees globalization, which has largely taken the shape of neoliberalism, as leading to the development of a minimalist conception of democracy in African countries. Further, this article contends that administrative law norms, which are increasingly embraced in Constitutions and judicial decisions world over, can be useful instruments for deepening democracy in Africa. That is, the establishment and implementation of elaborate regimes of administrative law (containing principles, procedures, and remedies that circumscribe the exercise of both public and private power) can contribute to the realization of democratic governance in …
Improving Law School "Transparency", Jeffrey E. Stake
Improving Law School "Transparency", Jeffrey E. Stake
Articles by Maurer Faculty
No abstract provided.
Who's Eating Law Firms' Lunch? The Legal Service Providers, Law Schools And New Grads At The Table, William D. Henderson, Rachel M. Zahorsky
Who's Eating Law Firms' Lunch? The Legal Service Providers, Law Schools And New Grads At The Table, William D. Henderson, Rachel M. Zahorsky
Articles by Maurer Faculty
No abstract provided.
A Blueprint For Change, William D. Henderson
A Blueprint For Change, William D. Henderson
Articles by Maurer Faculty
This Article discusses the financial viability of law schools in the face of massive structural changes now occurring within the legal industry. It then offers a blueprint for change – a realistic way for law schools to retool themselves in an attempt to provide our students with high quality professional employment in a rapidly changing world. Because no institution can instantaneously reinvent itself, a key element of my proposal is the “12% solution.” Approximately 12% of faculty members take the lead on building a competency-based curriculum that is designed to accelerate the development of valuable skills and behaviors prized by …