Law Commons^™

Global Networks And The Legal Profession, Laurel S. Terry

Faculty Scholarly Works

The importance of networks and the power of exponential growth within networks have become much more apparent to the world as a result of the COVID-19 pandemic. This Article addresses the topic of global legal profession networks. The introductory section provides information about our global economy and society that helps explain why global legal profession networks are valuable. It argues that global networks are beneficial for clients, lawyers, and other legal services stakeholders.

After introducing some of the scientific literature about networks in general and legal profession networks specifically, Section II identifies ways in which lawyers participate in global legal …

Democratic Policing Before The Due Process Revolution, Sarah Seo

Faculty Scholarship

According to prevailing interpretations of the Warren Court’s Due Process Revolution, the Supreme Court constitutionalized criminal procedure to constrain the discretion of individual officers. These narratives, however, fail to account for the Court’s decisions during that revolutionary period that enabled discretionary policing. Instead of beginning with the Warren Court, this Essay looks to the legal culture before the Due Process Revolution to provide a more coherent synthesis of the Court’s criminal procedure decisions. It reconstructs that culture by analyzing the prominent criminal law scholar Jerome Hall’s public lectures, Police and Law in a Democratic Society, which he delivered in 1952 …

Dean's Desk: Stewart Fellows Bring Global Experience To Indiana, Austen L. Parrish

Austen Parrish (2014-2022)

No abstract provided.

Transnational Legal Practice, Laurel Terry, Carole Silver

Faculty Scholarly Works

This 2015 Year-in-Review article continues the tradition of collecting and publicizing the developments that occurred during the year related to transnational legal practice (TLP). This year’s article builds on the work set forth in the 2014 Year-in-Review.

The 2014 TLP Year-in-Review provided a departure from the Year-in-Review’s typical method of presentation by identifying two categories of what that article called “TLP-Nets.” One group of TLP-Nets is nationally based and the other is inherently transnational. The 2014 article identified examples of TLP-Nets and highlighted the meeting points and relationships that facilitate border-crossing for the variety of actors involved in TLP policy-making …

Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry

Faculty Scholarly Works

The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal practice developments.” The thesis of this article is that the Commission was much more successful with the “technology” aspect of its work than it was with the globalization aspect of its work. This article offers an explanation for these differing levels of success and identifies an alternative path the Commission might have taken that might have led to greater success …

Transnational Legal Practice (International), Laurel S. Terry

Faculty Scholarly Works

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 …

Reflections On Us 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

Faculty Scholarly Works

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 (United States), Laurel S. Terry

Faculty Scholarly Works

This article covers three years of Transnational Legal Practice developments in the U.S. (It is the companion article to 47 Int’l Lawyer 485 (2013) which discusses transnational legal practice developments outside of the U.S.) This article begins by briefly reviewing the uncertainty about the future of U.S. legal education and legal services. The next section discusses the proposals and changes that emanated from the ABA Commission on Ethics 20/20, which was tasked with evaluating what changes were needed in light of globalization and technology developments. The third section of this article discusses the Uniform Bar Exam and its implications for …

Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel Terry, Steve Mark, Tahlia Gordon

Faculty Scholarly Works

Globalization and technology have changed the practice of law in dramatic ways. This is true not only in the United States, but around the world. In this article, author Laurel Terry, along with Australian regulators Steve Mark and Tahlia Gordon, documented some of these global trends in lawyer regulation. Their article concluded that regulators face issues in common regarding “who” is regulated, “what” or whom is regulated, “when” regulation occurs, “where” regulation occurs, “how” it occurs, and “why” regulation occurs.

This article uses this who-what-when-where-why-and-how framework to discuss events around the world. These developments include the 2007 UK Legal Services …

Organizational Alliances By U.S. Schools, Elizabeth Chambliss

Faculty Publications

U.S. law schools increasingly are forming organizational alliances with other training providers in the interests of market expansion and/or consolidation. At the top of the market, U.S. law schools are seeking to brand their positions within the global economy by forming alliances with elite foreign law schools, business schools, and corporate law firms and clients. Schools outside of this market are moving to establish alternative niches through alliances with solo and small firm practitioners, CLE providers, and other organizations serving low-and middle-income clients, as well as through the development of accelerated and/or specialty degrees. Schools at all levels are increasingly …

Crisis Regulation, James E. Moliterno

Scholarly Articles

The article presents information on the regulation of crisis in legal profession. It reflects on the legal profession of the U.S. that has engaged in regulatory reform in response to crisis. It explains that a few changes in the status quo may lead legal profession to react to crisis and discusses it with the help of immigration in the twentieth century, Watergate and globalization. It states that with the wake of the Watergate revelations there is an increase in the crisis in legal profession.

Implications Of Globalization For The Professional Status Of Lawyers In The United States And Elsewhere, Nancy J. Moore

Faculty Scholarship

No abstract provided.

Preserving The Rule Of Law In The 21st Century: The Importance Of Infrastructure And The Need To Create A Global Lawyer Regulatory Umbrella Organization, Laurel S. Terry

Faculty Scholarly Works

No abstract provided.

States Side Story: Career Paths Of International Ll.M. Students, Or "I Like To Be In America", Carole Silver

Articles by Maurer Faculty

This Article draws on an empirical study of the careers of international law graduates who earned an LL.M. in the United States, and considers the role of a U.S. LL.M. as a path for building a legal career in the United States. It identifies the institutional, political, and economic forces that present challenges to graduates who attempt to stay in the United States. While U.S. law schools prize the international diversity of their graduate students, this study reveals that the U.S. legal profession is most accessible to international students from English-speaking common law countries, whose language and background allow them …

Robel: Preparing For Seamlessly Global Profession, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

The Variable Value Of U.S. Legal Education In The Global Legal Services Market, Carole Silver

Articles by Maurer Faculty

Many U.S. law firms now claim to be global organizations, and they seek to occupy the same high status everywhere they work. In part, simply supporting overseas offices is an indication of status for U.S.-based firms. But firms want more than this and they strive for recognition as elite advisors around the world. In this pursuit, have firms identified a set of common characteristics and credentials that define a "global lawyer?" That is, is there a uniform and universal profile, or perhaps a set of assets that comprise global professional capital, which are emerging as the indicia of credibility and …

What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, Carole Silver

Articles by Maurer Faculty

No abstract provided.

Between Diffusion And Distinctiveness In Globalization: U.S. Law Firms Go Glocal, Carole Silver, Nicole De Bruin Phelan, Mikaela Rabinowitz

Articles by Maurer Faculty

There is widespread agreement that law firms have embraced globalization, but what this means and why it matters are subjects still cloaked with uncertainty. Do law firms follow the models and processes of globalization characteristic of other businesses? Or are law firms forced to take a different approach because of the nature of law and its basis in a particular national system? In this article, we consider these questions as they apply to U.S. law firms, and offer a new lens to interpret the role of globalization in the activities of law firms and their lawyers. We use data relating …

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

Articles by Maurer Faculty

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, and with clients whose problems may be as locally-focused as a Chicago zoning matter or as distant as the acquisition of one non-U.S. company by another. The global forces shaping business and the practice of law are felt in legal education, too, and U.S. law schools occupy a leading role in educating domestic and non-U.S. students for practice in the transnational marketplace. In spite of this, however, the core …

A How To Guide For Incorporating Global And Comparative Perspectives Into The Required Professional Responsibility Course, Laurel S. Terry

Faculty Scholarly Works

This article was written for an AALS symposium on "Teaching Legal Ethics" and discusses how to incorporate global and comparative perspectives into the required Professional Responsibility course. The scope of the paper is much broader, however. The first half of the paper explains why global and comparative perspectives are relevant to contemporary law practice. This section explains why global perspectives are relevants to clients and lawyers and explains why lawyer regulators now use a more global approach to regulation than previously. The second half illustrates how one can introduce global and comparative perspectives into a professional responsibility course without taking …

Globalization Of Law Firms: A Survey Of The Literature And A Research Agenda For Further Study, D. Daniel Sokol

UF Law Faculty Publications

The international expansion of law firms plays a critical role in understanding the business of law and the nature of globalization. This article responds to two articles on law firm expansion in the Indiana University - Bloomington Law School symposium on the Globalization of the Legal Profession. The article utilizes management studies' theoretical work on internationalization and applies it to law firm expansion to explain law firm strategic decision-making. The author creates a six part taxonomy for types of law firm expansion and provides a snapshot of the increasing U.S./U.K. dominance of capital markets, corporate and mergers and acquisitions legal …

Flattening The World Of Legal Services? The Ethical And Liability Minefields Of Offshoring Legal And Law-Related Services, Carole Silver, Mary C. Daly

Articles by Maurer Faculty

This article examines offshore outsourcing of legal and law-related services as the newest twist in the international market for legal services. We consider the impact of offshore outsourcing on the profession generally and analyze the ethical issues raised by offshore outsourcing, both as it exists today and as the practice may develop in the future. The article begins by situating offshore outsourcing in the framework of relationships created in the context of delivery of legal services. This framework is used, in turn, to construct a structure of analysis for the ethical implications of offshore outsourcing. Lawyers who outsource to offshore …

Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver

Articles by Maurer Faculty

This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools to new competition from foreign …

Winners And Losers In The Globalization Of Legal Services: Offshoring The Market For Foreign Lawyers, Carole Silver

Articles by Maurer Faculty

This article takes an empirical approach to the issue of how the U.S. legal services market is responding to globalization. It begins by considering the ways in which the domestic legal services market has internationalized by focusing on changes in legal education and examines the disconnection between U.S. legal education and practice opportunities in the U.S. The article proceeds to consider the ways in which U.S. law firms have become global organizations by offshoring their international identities, through the staffing of their non-U.S. offices with non-U.S. lawyers. Based on a database of more than 5,000 lawyers working in the offshore …

The Mdp Challenge In The Context Of Globalization, Carole Silver, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver

Articles by Maurer Faculty

No abstract provided.

Globalization And The U.S. Market In Legal Services: Shifting Identities, Carole Silver

Articles by Maurer Faculty

The article examines the international activities of various segments of the U.S. legal profession and analyzes the impact of these activities on the domestic market in legal services. It takes an empirical approach to the question of how international activities have shaped the profession by chronicling the foreign office activity of more than 70 of the largest U.S. firms. The data presented facilitates new insight into the ways in which U.S. lawyers participate in the international market in legal services. The article reveals that internationalization has resulted in the homogenization of the largest U.S. firms, as they increasingly compete for …

U.S. Regulatory Law May Be Too Complicated, Heather Davidson

Alfred Aman Jr. (1991-2002)

No abstract provided.