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Full-Text Articles in Law

The Amicus Machine, Allison Orr Larsen, Neal Devins Sep 2019

The Amicus Machine, Allison Orr Larsen, Neal Devins

Neal E. Devins

The Supreme Court receives a record number of amicus curiae briefs and cites to them with increasing regularity. Amicus briefs have also become influential in determining which cases the Court will hear. It thus becomes important to ask: Where do these briefs come from? The traditional tale describes amicus briefs as the product of interest-group lobbying. But that story is incomplete and outdated. Today, skilled and specialized advocates of the Supreme Court Bar strategize about what issues the Court should hear and from whom they should hear them. They then “wrangle” the necessary amici and “whisper” to coordinate the message. …


The Amicus Machine, Allison Orr Larsen, Neal Devins Sep 2019

The Amicus Machine, Allison Orr Larsen, Neal Devins

Allison Orr Larsen

The Supreme Court receives a record number of amicus curiae briefs and cites to them with increasing regularity. Amicus briefs have also become influential in determining which cases the Court will hear. It thus becomes important to ask: Where do these briefs come from? The traditional tale describes amicus briefs as the product of interest-group lobbying. But that story is incomplete and outdated. Today, skilled and specialized advocates of the Supreme Court Bar strategize about what issues the Court should hear and from whom they should hear them. They then “wrangle” the necessary amici and “whisper” to coordinate the message. …


Main Street Multidisciplinary Practice Firms: Laboratories For The Future, Susan Poser Jun 2019

Main Street Multidisciplinary Practice Firms: Laboratories For The Future, Susan Poser

Susan Poser

This Article examines the debate over multidisciplinary practice in the wake of the collapse of Enron and Arthur Andersen. Part I addresses the history of the scholarly debate about multidisciplinary practice in the United States. It discusses the focus on large multidisciplinary firms, feared threats to independent professional judgment, and the current rule concerning lawyers and multidisciplinary practice.

Part II examines the reasons for allowing multidisciplinary practice. The author argues that client demand, lawyer demand, and policy reasons all provide valid reasons for permitting "one-stop" shopping. Part I also discusses existing forms of multidisciplinary practice. The author argues that the …


Anti-Money Laundering (Aml) Legal Profession Related Resources (Updated March 2019), Laurel S. Terry Dec 2018

Anti-Money Laundering (Aml) Legal Profession Related Resources (Updated March 2019), Laurel S. Terry

Laurel S. Terry

This document is a bibliography of resources related to anti-money laundering (AML) initiatives related to lawyers and the legal profession.  This document is an updated version of the document that originally was prepared for the panel on Lawyers and Anti-Money Laundering and Terrorist Finance Initiatives at the Nov. 2018, APRL/LSEW Conference entitled Crisscrossing the Pond: Transatlantic Issues in Legal Ethics and Law Firm Regulation.

This Resources document contains links to U.S., U.K, EU, Canadian, and Australian legal profession-AML resources, as well as links to FATF webpages and documents that include the FATF Mutual Evaluations page, the 2008 and 2019 …


Iclr 2019 Conference Handout: Resources Related To "Outside The Law Office: Where Do The Boundaries Of Regulation Lie?", Laurel S. Terry Dec 2018

Iclr 2019 Conference Handout: Resources Related To "Outside The Law Office: Where Do The Boundaries Of Regulation Lie?", Laurel S. Terry

Laurel S. Terry

This handout was prepared for the ICLR 2019 Conference held in Edinburgh, Scotland: https://www.lawscot.org.uk/members/cpd-training/iclr-2019/programme/.  The session was entitled "Outside the Law Office: Where Do the Boundaries of Regulation Lie?.”  This handout is divided into four sections:

1) the "remit of regulation” in the United States;
2) international and U.S. resources related to the topic of lawyers’ separate business interests;
3) international and U.S. resources related to the topic of lawyers’ use of social media; and
4) lawyers in the gig economy.

In addition to the resources listed in this handout, Laurel Terry’s conference presentation referred to the ABA …


Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh Jul 2018

Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh

Nancy Welsh

Today, there can be little doubt that “alternative” dispute resolution is anything but alternative. Nonetheless, many judges, lawyers (and law students) do not truly understand the dispute resolution processes that are available and how they should be used. In the shadow of the current economic crisis, this lack of knowledge is likely to have negative consequences, particularly in those areas of practice such as bankruptcy and foreclosure in which clients, lawyers, regulators, and courts work under pressure, often with inadequate time and financial resources to permit careful analysis of procedural options. Potential negative effects can include: (1) impairment of a …


Rural Access To Justice In The Golden State, Lisa R. Pruitt Dec 2017

Rural Access To Justice In The Golden State, Lisa R. Pruitt

Lisa R Pruitt

This working paper analyzes the rural lawyer shortage and discusses other aspects of rural access to justice in the State of California.  The paper provides detailed data on where lawyers are and are not practicing in the state.  It will be published as part of an article comparing rural access to justice in South Dakota, Minnesota, Wisconsin, Georgia and California.  


Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt , Amanda L. Kool, Lauren Sudeall Lucas, Michele Statz, Danielle M. Conway, Hannah Haksgaard Dec 2017

Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt , Amanda L. Kool, Lauren Sudeall Lucas, Michele Statz, Danielle M. Conway, Hannah Haksgaard

Lisa R Pruitt

Rural America faces an increasingly dire access-to-justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of that crisis is the dearth of information and research regarding the extent of the problem and its impacts. This article begins to fill that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, the article …


Representing Immigrants: The Role Of Lawyers In Immigration Bond Hearings, Emily Ryo Dec 2017

Representing Immigrants: The Role Of Lawyers In Immigration Bond Hearings, Emily Ryo

Emily Ryo

Do immigration lawyers matter, and if so, how? Drawing on a rich source of audio recording data, this study addresses these questions in the context of U.S. immigration bond hearings—a critical stage in the removal process for noncitizens who have been apprehended by U.S. immigration officials. First, my regression analysis using a matched sample of legally represented and unrepresented detainees shows that represented detainees have significantly higher odds of being granted bond. Second, I explore whether legal representation affects judicial efficiency and find no evidence of such a relationship. Third, I examine procedural and substantive differences between represented and unrepresented …


The Relevance Of Fatf’S Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles Dec 2017

The Relevance Of Fatf’S Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles

Laurel S. Terry

More than two hundred countries in the world have agreed to abide by the anti-money laundering (“AML”) recommendations developed by the Financial Action Task Force (“FATF”), which is an intergovernmental organization. This Article focuses on the potential impact on the legal profession of FATF’s fourth round of mutual evaluations. During these mutual evaluations, which currently are underway, FATF-affiliated countries examine each other’s compliance with the FATF Recommendations and recommend follow-up action. This Article first presents the legal profession-related results from the completed Mutual Evaluation Reports, including case studies from Australia, Canada, and the United States regarding legal profession preparation for …


Lawyer Regulation, Aml, And Fatf's Mutual Evaluations, Laurel S. Terry, José Carlos Llerena Robles Nov 2017

Lawyer Regulation, Aml, And Fatf's Mutual Evaluations, Laurel S. Terry, José Carlos Llerena Robles

Laurel S. Terry

These presentation slides were used at the December 2017 Fordham Regulation of Legal and Judicial Services Conference andwill be the basis for our forthcoming article in Volume 41 of the Fordham J. of International Law, entitled "The Relevance of FATF's Recommendations and the 4th Round of Mutual Evaluations to the Legal Profession."These slides focus on FATF’s 4th round of “Mutual Evaluations, which currently are underway.  During these mutual evaluations, FATF-affiliated countries examine each other’s compliance with the FATF Recommendations and recommend follow-up action for those countries whose lawyer regulation or implementation is not in compliance.  
 
As the …


The Path To Lawyer Well-Being: Practical Recommendations For Positive Change (The Report Of The National Task Force On Lawyer Well-Being), Part Ii, Recommendations For Law Schools, David Jaffe Jul 2017

The Path To Lawyer Well-Being: Practical Recommendations For Positive Change (The Report Of The National Task Force On Lawyer Well-Being), Part Ii, Recommendations For Law Schools, David Jaffe

David Jaffe

This Report, the result of the contributions of a number of individuals from national committees, presents recommendations for the health and well-being of law students, lawyers and judges in the United States. David Jaffe was lead author for the section on law schools. More information is available here: https://www.americanbar.org/groups/lawyer_assistance/task_force_report.html


Regulators At The Margis: The Impact Of Malpractice Insurers On Solo And Small Firm Lawyers, Leslie C. Levin Nov 2016

Regulators At The Margis: The Impact Of Malpractice Insurers On Solo And Small Firm Lawyers, Leslie C. Levin

Leslie Levin

Liability insurers often informally regulate the behavior of their insureds through the underwriting process, premium pricing, contract design, and risk management practices. This Article explores whether lawyer professional liability (“LPL”) insurers effectively regulate the behavior of solo and small firm lawyers in ways that encourage responsible conduct. The Article draws on interviews of insurance industry executives, risk management counsel, and insured lawyers, as well as insurer documents and surveys of lawyers, to explore the impact of LPL insurers on the work lives of solo and small firm lawyers. The research reveals that LPL insurers appear to regulate the behavior of …


Practical Career Advice For Young International Lawyers: How To Build A Killer Resume, Network Effectively, Create Your Own Opportunities, And Live Happily Ever After, Mark E. Wojcik Sep 2016

Practical Career Advice For Young International Lawyers: How To Build A Killer Resume, Network Effectively, Create Your Own Opportunities, And Live Happily Ever After, Mark E. Wojcik

Mark E. Wojcik

For those who are serious about careers in international law, there are probably too many applicants for too few jobs.


A Taxonomy Of Lawyer Regulation, Russell G. Pearce, Noel Semple, Renee Newman Knake Sep 2016

A Taxonomy Of Lawyer Regulation, Russell G. Pearce, Noel Semple, Renee Newman Knake

Noel Semple

What explains the dramatic contrast between legal services regulation in the United States and anglophone Canada, on one hand, and England/Wales and Australia, on the other? In order to help explain these divergent regulatory choices, and to further comparative analysis, this Essay proposes a taxonomy of theories of legal services regulation drawn from these common-law jurisdictions. Although most jurisdictions employ a combination of approaches, as well as some hybrid methods, the Essay identifies the two dominant perspectives: (1) the professionalist-independent framework, predominate in anglophone North America, and (2) the consumerist-competitive framework found in the common law jurisdictions of Northern Europe …


Business Lawyers, Baseball Players, And The Hebrew Prophets, Thomas L. Shaffer Aug 2016

Business Lawyers, Baseball Players, And The Hebrew Prophets, Thomas L. Shaffer

Thomas L. Shaffer

This article is a reflection on the ethics of practiving law for business, building on the career of Scott Boras, who acts as agent and lawyer for professional baseball players. The reflection wonders at the clout corporate lawyers have over their clients, mentioning, of course, some personal experiences (back before the invention of moveable type) from the author's two years in a large business-oriented law firm, as well as on Mr. Boras's significant influence in the baseball world. The object, finally, is ethical reflection on such things as the particular a lawyer has when she in in house rather than …


Do Lawyers Matter? The Effect Of Legal Representation In Civil Disputes, Emily S. Taylor Poppe, Jeffrey J. Rachlinski Aug 2016

Do Lawyers Matter? The Effect Of Legal Representation In Civil Disputes, Emily S. Taylor Poppe, Jeffrey J. Rachlinski

Jeffrey J Rachlinski

With declining law school enrollments, rising rates of pro se litigation, increasing competition from international lawyers and other professionals, and disparaging assessments from the Supreme Court, the legal profession is under increasing attack. Recent research suggesting that legal representation does not benefit clients has further fueled an existential anxiety in the profession. Are lawyers needed and do they matter? In this Article, we review the existing empirical research on the effect of legal representation on civil dispute outcomes. Although the pattern of results has complexities, across a wide range of substantive areas of law (housing, governmental benefits, family law, employment …


The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow Jun 2016

The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow

Trevor C. W. Farrow

This article is about lawyers as negotiators, and in particular, it is about identifying and understanding the influential and potentially competing interests that are - or at least should be - in the minds of lawyers (and potentially other third party representatives) during the overall negotiation process. While there continues to be an increasing amount of literature on the mechanics and strategies of negotiation, the underlying interests that are typically at stake in representative negotiations from the perspective of representatives - particularly negotiations involving lawyers - have not been adequately studied. And until all interests are identified and placed squarely …


Ethical Lawyering In A Global Community, Trevor C. W. Farrow Jun 2016

Ethical Lawyering In A Global Community, Trevor C. W. Farrow

Trevor C. W. Farrow

No abstract provided.


The Good, The Right, And The Lawyer, Trevor C. W. Farrow Jun 2016

The Good, The Right, And The Lawyer, Trevor C. W. Farrow

Trevor C. W. Farrow

No abstract provided.


The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel S. Terry Dec 2015

The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel S. Terry

Laurel S. Terry

The idea behind this Article is Ben Franklin's statement that "an ounce of prevention is worth a pound of cure." This Article builds on the author's prior articles that argue that one can think about lawyer regulation issues as involving who-what-when-where-why-and-how to regulate issues. This Article addresses the issue of "WHEN" regulation should occur. It argues that regulators should be trying to PREVENT problems, as well as responding AFTER problems occur.

This Article is primarily directed toward those who regulate U.S. lawyers. The Article argues that the lawyers who head regulatory bodies in the United States have the ability to …


The Fatf’S 4th Mutual Evaluations, The U.S., & Lawyers (2016 Ilec Slides; See Also Cited 2015 & 2010 Articles), Laurel S. Terry Dec 2015

The Fatf’S 4th Mutual Evaluations, The U.S., & Lawyers (2016 Ilec Slides; See Also Cited 2015 & 2010 Articles), Laurel S. Terry

Laurel S. Terry

These slides build on work found in my 2015 and 2010 FATF - legal profession law review articles. These slides were presented at the July 2016 International Legal Ethics Conference in New York City. I participated in a panel that focused on the impact of the Financial Action Task Force or FATF on the legal profession. Other panelists spoke about the 60 Minutes show Anonymous, Inc., FATF’s Mutual Evaluation of Canada and the Attorney General of Canada v. Federation of Law Societies of Canada case in which the Canadian Supreme Court struck down portions of an anti-money laundering law intruding …


Do Lawyers Cause Adversarial Legalism--A Preliminary Inquiry, Robert Kagan Dec 2015

Do Lawyers Cause Adversarial Legalism--A Preliminary Inquiry, Robert Kagan

Robert Kagan

No abstract provided.


Effective Lawyering In Judicially Hosted Settlement Conferences, Wayne Brazil Dec 2015

Effective Lawyering In Judicially Hosted Settlement Conferences, Wayne Brazil

Wayne Brazil

No abstract provided.


An Introduction To The Financial Action Task Force And Its 2008 Lawyer Guidance, Laurel S. Terry Oct 2015

An Introduction To The Financial Action Task Force And Its 2008 Lawyer Guidance, Laurel S. Terry

Laurel S. Terry

The Financial Action Task Force (FATF) is a thirty-eight-member intergovernmental organization whose mission is to fight money laundering and terrorism financing; the U.S. is a founding member of the FATF. The FATF is best known for its 40 Recommendations, many of which are directed towards various kinds of “gatekeepers” who are in a position to facilitate or inhibit money laundering and terrorism financing. (These were previously known as the 40+9 Recommendations). Lawyers are among those to whom the FATF’s recommendations apply. This article provides the introduction for the Journal of the Professional Lawyer’s Symposium about the application of the FATF …


The Role Of Counsel In Canada's Refugee Determinations System: An Empirical Assessment, Sean Rehaag Oct 2015

The Role Of Counsel In Canada's Refugee Determinations System: An Empirical Assessment, Sean Rehaag

Sean Rehaag

This article examines the role of counsel in Canada's refugee determination process through an investigation of over 70,000 refugee decisions from 2005 to 2009. The article demonstrates that counsel is a key factor driving successful outcomes. The article also shows that legal aid programs are increasingly restrictive in funding legal representation for refugee claimants. The author argues that these restrictions put the lives of refugees at risk. The article also demonstrates that claimants represented by immigration consultants are less likely to succeed than claimants represented by lawyers. This, combined with evidence that the immigration consulting industry has not established adequate …


The Canadian Legal Profession: Clone, Hybrid, Or Mutant?, Philip Girard Oct 2015

The Canadian Legal Profession: Clone, Hybrid, Or Mutant?, Philip Girard

Philip Girard

Philip Girard delivers the James L. Lewtas Lecture at Osgoode Hall Law School on November 21, 2011 on the topic, "The Canadian Legal Profession: Clone, Hybrid, or Mutant?"


The Negotiator As Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow Oct 2015

The Negotiator As Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow

Trevor C. W. Farrow

This article is about lawyers as negotiators, and in particular, it is about identifying and understanding the influential and potentially competing interests that are - or at least should be - in the minds of lawyers (and potentially other third party representatives) during the overall negotiation process. While there continues to be an increasing amount of literature on the mechanics and strategies of negotiation, the underlying interests that are typically at stake in representative negotiations from the perspective of representatives - particularly negotiations involving lawyers - have not been adequately studied. Current accounts of the representative negotiator do not paint …


Ethical Lawyering In A Global Community, Trevor C. W. Farrow Oct 2015

Ethical Lawyering In A Global Community, Trevor C. W. Farrow

Trevor C. W. Farrow

The pressures and opportunities of globalization have dramatically changed the nature of legal practice. How and why we practice law? For whom and whose benefit? In what contexts? And on what terms? The answers to these questions are continuously changing as a result of current global trends. The communities served by lawyers, the practice contexts in which they work and the issues that they face are increasingly diverse, complex, transnational and global in character. All of these challenges demand new competencies and raise a host of new issues about ethics and professionalism. As a threshold matter, more and more lawyers …


Some Key Things Entrepreneurs Need To Know About The Law And Lawyers, Lawrence J. Trautman, Anthony Luppino, Malika S. Simmons Sep 2015

Some Key Things Entrepreneurs Need To Know About The Law And Lawyers, Lawrence J. Trautman, Anthony Luppino, Malika S. Simmons

Lawrence J. Trautman Sr.

New business formation is a powerful economic engine that creates jobs. Diverse legal issues are encountered as a start-up entity approaches formation, initial capitalization and fundraising, arrangements with employees and independent contractors, and relationships with other third parties. The endeavors of a typical start-up in the United States will likely implicate many of the following areas of law: intellectual property; business organizations; tax laws; employment and labor laws; securities regulation; contracts and licensing agreements; commercial sales; debtor-creditor relations; real estate law; health and safety laws/codes; permits and licenses; environmental protection; industry specific regulatory laws and approval processes; tort/personal injury, products …