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International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Iii Cone

Northwestern Journal of International Law & Business

This article deals with the regulation of legal services in England and New York in the context of, first, multidisciplinary practice ("MDP") and, second, permitted investment in legal practice. The article summarizes both the background of and potential differences between the regulations in those two jurisdictions, and comments on the possible reconciliation of those differences. Because, chronologically, New York was the first of the two jurisdictions under consideration to adopt rules on MDP, the New York rules will be considered first, and the more recent statute, known as the United Kingdom Legal Services Act 2007 (hereinafter "U.K. Act"), will then …

Global Law Firms: Globalization And Organizational Spaces Of Cross-Border Legal Work, James R. Faulconbridge, Jonathan V. Beaverstock, Daniel Muzio, Peter J. Taylor

Northwestern Journal of International Law & Business

The aim of this paper is not, however, to generically chart the rise of the global law firm; others have already done this. Instead, our interest lies in better understanding how existing geographies of globalization of law and lawyers, alongside the new geographies of professional partnership and legal work, have created opportunities and challenges for global law firms. More specifically, we seek to unravel the complexities of: (a) the factors driving the presence and absence of global law firms in different cities; and (b) the way that law firms have been reconfigured to operate as spatially distributed organizations present in …

The Legal World Is Flat: Globalization And Its Effect On Lawyers Practicing In Non-Global Law Firms, Laurel S. Terry

Northwestern Journal of International Law & Business

While lawyers in these large global law firms usually are aware of why globalization is relevant to them, other U.S. lawyers may not think that the globalization phenomenon affects them. A comment frequently heard is "Law is local so I don't have to worry about globalization affecting me or my practice." The goal of this article is to look at Friedman's work through the lens of legal services and to answer several questions, including: • Whether Friedman's analysis is relevant to what has happened in the field of legal services; • Whether a U.S. lawyer who doesn't practice in a …

Globalization And The Business Of Law: Lessons For Legal Education, Carole Silver, David Van Zandt, Nicole De Bruin

Northwestern Journal of International Law & Business

Cross-border law practice is growing to serve the increasingly global business of its clients, and U.S. and U.K. firms have been leaders in this global expansion of law practice. Expansion takes several forms, including the physical--with law firms opening offices in faraway locations to serve existing and new clients1--as well as the virtual--based on technology that supports the economics of cross-border activity by enabling practice apart from physical presence. Whether working for global or local organizations, lawyers today are increasingly faced with the prospect of working with colleagues and competitors who are diverse in terms of nationality, education and training, …

Lawyers, Law Firms, And The Stabilization Of Transnational Business, John Flood, Fabian Sosa

Northwestern Journal of International Law & Business

Cross-border business transactions are complex. But in this globalized age, as commentators such as Ohmae have argued, business ought to be conducted simply despite national boundaries. Yet there are features of business that run counter to globalization and maintain a resolutely local character. A crucial aspect of this is the nature of law. No transaction can be carried out without a normative structure to provide a framework for the actors to operate within. Obligations, rights, warranties, covenants, and so on have to be specified and allocated. Even economists agree that the rule of law is essential for the conduct of …

Prologue, Claudio Grossman

American University International Law Review

No abstract provided.

Spoiling Movi's River: Towards Recognition Of Persecutory Environmental Harm Within The Meaning Of The Refugee Convention , Carly Marcs

American University International Law Review

No abstract provided.

Can Successful Lawyers Think In Different Languages?: Incorporating Critical Strategies That Support Learning Lawyering Skills For The Practice Of Law In A Global Environment, Katerina P. Lewinbuk

Richmond Journal of Global Law & Business

In response to the globalization of the practice of law, law schools in the United States and other countries that have traditionally been defined as belonging to the common law legal system have opened their doors to international students from different legal systems for whom English is a second language (“ESL students” or “international students”). Many of these programs have evolved without real assessment of the students’ needs and how to meet those needs. After a number of resulting challenges, it became clear that in order to make such programs a success, law professors need to use special methodologies and …

Richmond Journal Of Global Law And Business Volume 7, Issue 2 - Prefatory Matter

Richmond Journal of Global Law & Business

No abstract provided.

The European Union And New Leading Powers: Towards Partnership In Strategic Trade Policy Areas, Dr. Rafael Leal-Arcas

Fordham International Law Journal

This Article aims at understanding the potential of partnerships of the European Union (‘EU‘) with emergent global actors (the so-called new leading powers (‘NLPs‘) or ‘BRIC countries‘), focusing on international trade law and policy. Although the power base of these actors (Brazil, Russia, India, and China--the BRIC countries) is their respective region (South America for the case of Brazil, Eastern Europe for Russia, the Subcontinent for India, and the Far East for China), there may be specific policy areas in which their influence might be global. With this in mind, the Article raises interesting questions: Is the EU an attractive …

When Chinese Criminal Defense Lawyers Become The Criminals, Yanfei Ran

Fordham International Law Journal

This Article tries to find some practical resolutions for the problematic situation of Chinese defense lawyers. Part I introduces how Chinese laws and regulations provide legal protection for criminal defendants and their defense lawyers, and compares Chinese laws with well-established international standards. Part II focuses on examples of the problems and difficulties faced by Chinese lawyers in their defense work. Part III specifically discusses criminal charges that lawyers face in their practice. Part IV argues that the long-awaited new Chinese Lawyers Law cannot solve all of the problems or wipe away all obstacles they face. Rather, solving those problems requires …

The Law Of Recitals In European Community Legislation, Todas Klimas, Jurate Vaiciukaite

ILSA Journal of International & Comparative Law

Recitals, those 'whereas' clauses, appear in contracts as well as legislation, although not all legislation contains recitals; indeed, recitals are 'against' the precepts of certain styles of legislation.

May A Prevailing Party Be Awarded “Attorney Fees” For Paralegal Services?, Jay E. Grenig

Faculty Publications

No abstract provided.

Ngo Update, Julie Gryce

Human Rights Brief

No abstract provided.

How Ice Threatens The Ethical Responsibilities Of Key Players In Worksite Raids: Postville Study, Amalia Greenberg, Shanti Martin

Human Rights Brief

No abstract provided.

Sex Trafficking And The 2006 World Cup In Germany: Concerns, Actions And Implications For Future International Sporting Events, Anne Marie Tavella

Northwestern Journal of Human Rights

In the months preceding the 2006 FIFA World Cup in Germany, human rights advocates around the world feared the sporting event would cause an increase in women trafficked into Germany's sex trade. The international media widely reported unrealistic estimates of 40,000 potential trafficking victims. In the end, no marked increase in trafficking was documented in during the World Cup. This article looks at the media flurry before the event, the prevention efforts during the World Cup, and the reality of trafficking in . It also addresses the potential risks for trafficking at future sporting events, specifically the 2008 Olympic games …

Plain-English Drafting For The 'Age Of Statutes', Douglas E. Abrams

Faculty Publications

No abstract provided.

“Contextualizing” Bertha Wilson: Wilson As A Woman In Law In Mid-20th Century Canada, Mary Jane Mossman

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Justice Bertha Wilson was well known for her attentiveness to context. Indeed, her biographer, Ellen Anderson, reported that “Wilson’s characteristic stance [was] one of principled contextuality.” This paper explores the context in which Wilson became a lawyer in the 1960s and 1970s before her appointments to the Ontario Court of Appeal and later to the Supreme Court of Canada. By situating Justice Wilson as one of a small minority of women lawyers prior to the mid-1970s, when the numbers of women in law began to increase dramatically, it is possible to explore the kinds of opportunities and choices available to …

Indigenous Self-Determination And The State, Shin Imai

Comparative Research in Law & Political Economy

The right of indigenous self-determination is now accepted at both the national and international level, but the exercise of the right to self-determination does not connote any specific institutional arrangement. This chapter, from the forthcoming book, "Indigenous Peoples and the Law: Comparative and Critical Perspectives", (Hart Publishing, Oxford), describes a variety of arrangements in Australia, Canada, New Zealand and the United States. Indigenous people have the greatest political autonomy in the sovereignty/self-government model found in the United States and in the latest self government agreements from Canada. The self-administration/self-management model provides for indigenous entities to deliver social services and educational …

Allies Not Adversaries: Teaching Collaboration To The Next Generation Of Doctors And Lawyers To Address Social Inequality, Elizabeth Tobin Tyler

Journal of Health Care Law and Policy

No abstract provided.

View From The Ivory Tower: Musings Of A Former Family Lawyer, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

I was asked to present one of the keynote addresses for this important symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women's Rights Law Reporter at Rutgers University School of Law in Newark. I am happy to write the introductory essay for this meaningful publication which arose from that symposium. This is a particularly hospitable and appropriate environment for this publication given Rutgers University's important place in feminist scholarship and discourse - both in its graduate and undergraduate programs and in its publication arm - Rutgers University Press. Historically,the Women's Rights Law Reporter …

Clinical Legal Education And The Public Interest In Intellectual Property Law, Christine Haight Farley, Peter Jaszi, Victoria Phillips, Joshua D. Sarnoff, Ann Shalleck

Scholarly Articles in Law Reviews & Journals

Clinical legal education provides a powerful methodology for students to learn about the relationships among intellectual property law theories, policies and practices; to encounter the experiences of persons who seek protection or who feel the legal regimes of intellectual property impinging on their ability to engage in educational, creative, innovative and culturally significant work; and to develop as lawyers. We describe in this article our motivations for forming an intellectual property law clinic at the American University Washington College of Law, the goals that we seek to achieve, and the tripartite pedagogical structure that we adopted - (1) a seminar …

Gresham’S Law In Legal Education, Steven R. Smith

Faculty Scholarship

This article will first examine the traditional Gresham's Law regarding currency and then its broader application to instances in which the nominal and intrinsic values of something are separated. It will then look at the licensing of attorneys and how Gresham's Law may justify both the general accreditation of legal education and specific accreditation Standards. Viewed from this perspective it is the interests of the public, and not the more parochial interests of law schools, that deserve primary consideration in accreditation related to licensure. The article will conclude with a consideration of a coming debate about the appropriate place of …

Language Choice And Use Among Malaysian Legal Professionals / Ain Nadzimah Abdullah, Abdullah Ain Nadzimah

Student Works (2000-2009)

Theories which have been used in the study of language choice have anchored primarily on sociolinguistic approaches. These approaches are linked to Fishman’s (1972) concepts of who speaks what language to whom and when. Another group of theories draw upon the psychological factors to explain language choice. From the literature in this field of study, each approach has shown limitations in its use. The stand taken in this study is that sociolinguistic and psychological approaches can be combined into a single category of approaches that can theorize language choice. This study examines language choice through this combined interpretative framework to …

The University Of Texas At Arlington Graduate Catalog 2008-2010, The University Of Texas At Arlington

UTA Graduate Catalogs

No abstract provided.

Disaster Planning: What We Have (And Haven't) Learned, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Basic disaster planning is not only cost-effective but relatively easy to integrate with other planning activities. By looking at the experiences of lawyers and law firms that have survived disasters in recent years, it is possible to gain insights that will help us overcome such adversity. Transactional business lawyers, whose clients are frequently the victims of the same forces that harm lawyers, have a special obligation to serve these clients in times of crisis in order to restore these businesses to functionality and commerce to the community at large.

The Ethical And Legal Basis For Student Practice In Clinical Education In The United States And Japan: A Comparative Analysis, Robert Rubinson

All Faculty Scholarship

Clinical legal education is currently undergoing a surge of interest and development in Japan. This raises numerous opportunities as well as difficulties. One of the most vexing issues concerns the scope of work a clinic student in Japan can do. This issue is particularly difficult given that in Japan there are currently no "student practice rules" so common in the United States.

The norms and rules governing what activities law students can perform in the United States might assist those interested in clinical education in Japan as they work through these issues. This article will attempt to do this. I …

Kenneth Karst's "Equality As A Central Principle In The First Amendment", Geoffrey R. Stone

University of Chicago Law Review

No abstract provided.

Welfare Reform, Privatization, And Power: Reconfiguring Administrative Law Structures From The Ground Up, Wendy A. Bach

Brooklyn Law Review

No abstract provided.