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Full-Text Articles in Law
Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas Shaffer, Mary Shaffer
Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas Shaffer, Mary Shaffer
Thomas L. Shaffer
No abstract provided.
Forming An Agenda - Ethics And Legal Ethics, Robert E. Rodes
Forming An Agenda - Ethics And Legal Ethics, Robert E. Rodes
Robert Rodes
The law profession is unique in the scope of the mandate it gives those within it to intervene in other people's affairs. As a result of this unique power of intervention, lawyers encounter a number of unique problems. This paper elucidates upon, and applies, the moral standards and intuitions to be used in approaching these problems. It argues that we should form our consciences in dialogue with our clients and that once they are formed we must follow them and limit our representation accordingly. If lawyer and client cannot agree on an agenda with which both are comfortable, the lawyer …
Getting Real About Globalization And Legal Education: Potential And Perspectives For The U.S., Carole Silver
Getting Real About Globalization And Legal Education: Potential And Perspectives For The U.S., Carole Silver
Carole Silver
This article addresses whether US law schools are preparing their JD students to work in the global environment that many - if not most – law graduates will encounter. It begins by considering the significance of globalization for legal education, drawing on research analyzing its influence on legal practice as well as on higher education. It then explores possible settings and opportunities for learning to work in a global environment. For the vast majority of students whose learning must occur in the US, the presence of international students in their law school offers the potential for creating a global learning …
Cloud Nine Or Cloud Nein? Cloud Computing And Its Impact On Lawyers' Ethical Obligations And Privileged Communications, Louise Hill
Louise L Hill
No abstract provided.
Gender And Global Lawyering: Where Are The Women?, Steven Boutcher, Carole Silver
Gender And Global Lawyering: Where Are The Women?, Steven Boutcher, Carole Silver
Carole Silver
The dual processes of diversity and globalization are responsible for significant growth among U.S. law firms: female lawyers account for much of the increase in headcount in large law firms over the last several decades, and lawyers educated and licensed in jurisdictions outside of the U.S. have helped U.S.-based law firms expand internationally. This article draws on data gathered from lawyer biographies to examine the relationship between gender diversity and globalization, and considers whether career strategies that involve the international movement of lawyers are equally powerful for women and men. Our research suggests that gender inequality is not erased by …
A Study Of The Relationship Between Bar Admissions Data And Subsequent Lawyer Discipline, Leslie C. Levin, Christine Zozula, Peter Siegelman
A Study Of The Relationship Between Bar Admissions Data And Subsequent Lawyer Discipline, Leslie C. Levin, Christine Zozula, Peter Siegelman
Leslie C. Levin
The research reported here uses information from the admissions files of lawyers admitted to the Connecticut bar from 1989 to 1992 to compare those who were disciplined with those who were not disciplined. It analyzes information reported during the bar admissions process that may predict later lawyer misconduct including, inter alia, prior criminal history, problem credit history, prior employment history, academic misconduct, substance abuse, and psychological history. The study reveals that many of the responses on the admissions application are statistically associated with an elevated risk of future discipline. Nevertheless, these variables nevertheless make very poor predictors of subsequent misconduct. …
The Cost Of Law: Promoting Access To Justice Through The (Un)Corporate Practice Of Law, Gillian K. Hadfield
The Cost Of Law: Promoting Access To Justice Through The (Un)Corporate Practice Of Law, Gillian K. Hadfield
Gillian K Hadfield
The U.S. faces a mounting crisis in access to justice. Vast numbers of ordinary Americans represent themselves in routine legal matters daily in our over-burdened courts. Obtaining ex ante legal advice is effectively impossible for almost everyone except larger corporate entities, organizations and governments. In this paper, I explain why, as a matter of economic policy, it is essential that the legal profession abandon the prohibition on the corporate practice of law in order to remedy the access problem. The prohibitions on the corporate practice of law rule out the use of essential organizational and contracting tools widely used in …
Reflections On U.S. Policies Regarding 'Effective Regulation And Discipline' And Foreign Lawyer Mobility: Has The Time Come To Talk About The Elephant In The Room?, Laurel S. Terry
Laurel S. Terry
The ABA has adopted four model policies that address, in one way or another, the issue of foreign lawyer mobility. These policies are the ABA Model Foreign Legal Consultant Rule, which is commonly known as the FLC rule, the ABA Model Rule for Temporary Practice by Foreign Lawyers, which is commonly known as the FIFO rule, ABA Model Rule of Professional Conduct 5.5, which permits foreign lawyers to serve as in-house counsel, and the ABA Model Rule on Pro Hac Vice Admission. All four of the ABA’s foreign lawyer mobility recommendations include a requirement that the mobile foreign lawyer is …
Transnational Legal Practice (International)[2010-2012], Laurel S. Terry
Transnational Legal Practice (International)[2010-2012], Laurel S. Terry
Laurel S. Terry
This article covers three years of Transnational Legal Practice developments outside of the US. (It is the companion piece to 47 Int'l Law. 499 (2013) which discusses US developments.) This article discusses the approval of an Alternative Business Structure licensing system by the UK Solicitors Regulation Authority and its subsequent issuance of ABS licenses. The second section reviews the emergence of the “Troika” as a new regulatory influence in Europe, citing as an example the joint ABA-CCBE letter to the IMF. (The Troika refers to the International Monetary Fund, the European Central Bank, and the European Commission.) The third section …