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Professional Identity As Advocacy: The Good, The Bad, The Unseen, Robert Rubinson
Professional Identity As Advocacy: The Good, The Bad, The Unseen, Robert Rubinson
Robert Rubinson
The legal profession adheres to a story of a unified profession. Nevertheless, the profession has distinct professional sub-groups which repeatedly represent clients with interests adverse to those represented by attorneys who identify with other sub-groups. The idea of “professional identity as advocacy” describes how such professional sub-groups accuse opposing sub-groups of greed, self-aggrandizement, or worse. This is most notable in two areas: personal injury litigation and criminal cases. This process has two seemingly contradictory consequences. First, it renders narrow areas extraordinarily visible, thus defining popular discourse and conceptions about lawyers and law. Second, it masks vast areas of litigation and …
Bloomin' Buzzin' Confusion: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Bloomin' Buzzin' Confusion: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Robert Rubinson
Bloomin’ Buzzin’ Confusion: Facts and Meaning In Adjudication and Mediation ABSTRACT Any methodology, model, or cognitive process must exclude more than it includes in order to make sense of experience. To do otherwise would leave only, in the words of William James, a “bloomin’ buzzin’ confusion.” Mediation and adjudication go about the process of developing meaning from circumstance in fundamentally different ways. Rather than focusing on what each process identifies as important, the article takes the opposite perspective and focuses on what each process excludes. In doing so, the article explores how adjudication identifies relevant “facts” through a specific mechanism: …
Bloomin' Buzzin' Confusion: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Bloomin' Buzzin' Confusion: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Robert Rubinson
Bloomin’ Buzzin’ Confusion: Facts and Meaning In Adjudication and Mediation ABSTRACT Any methodology, model, or cognitive process must exclude more than it includes in order to make sense of experience. To do otherwise would leave only, in the words of William James, a “bloomin’ buzzin’ confusion.” Mediation and adjudication go about the process of developing meaning from circumstance in fundamentally different ways. Rather than focusing on what each process identifies as important, the article takes the opposite perspective and focuses on what each process excludes. In doing so, the article explores how adjudication identifies relevant “facts” through a specific mechanism: …
Bloomin' Buzzin' Confusion: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Bloomin' Buzzin' Confusion: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Robert Rubinson
Any methodology, model or cognitive process must exclude more than it includes in order to make sense of experience. To do otherwise would leave only, in the words of Williams James, a "bloomin' buzzin' confusion." Mediation and adjudication go about the process of developing meaning from circumstance in fundamentally different ways. Rather than focusing on what each process identifies as important, the article takes the opposite perspective and focuses on what each process excludes. In doing so, the article explores how adjudication identifies relevant "facts" through a specific mechanism: preexisting substantive rules define what matters and procedural rules exclude what …