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2014

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Fordham Law School

Monopoly

Articles 1 - 17 of 17

Full-Text Articles in Law

Foreword: The Profession’S Monopoly And Its Core Values, W. Bradley Wendel May 2014

Foreword: The Profession’S Monopoly And Its Core Values, W. Bradley Wendel

Fordham Law Review

No abstract provided.


Protecting The Profession Or The Public? Rethinking Unauthorized-Practice Enforcement, Deborah L. Rhode, Lucy Buford Ricca May 2014

Protecting The Profession Or The Public? Rethinking Unauthorized-Practice Enforcement, Deborah L. Rhode, Lucy Buford Ricca

Fordham Law Review

No abstract provided.


The Monopoly Myth And Other Tales About The Superiority Of Lawyers, Leslie C. Levin May 2014

The Monopoly Myth And Other Tales About The Superiority Of Lawyers, Leslie C. Levin

Fordham Law Review

No abstract provided.


Cracks In The Profession’S Monopoly Armor, Jack P. Sahl May 2014

Cracks In The Profession’S Monopoly Armor, Jack P. Sahl

Fordham Law Review

No abstract provided.


Hemispheres Apart, A Profession Connected, Dana Remus May 2014

Hemispheres Apart, A Profession Connected, Dana Remus

Fordham Law Review

No abstract provided.


Overstepping Ethical Boundaries? Limitations On State Efforts To Provide Access To Justice In Family Courts, Jessica Dixon Weaver May 2014

Overstepping Ethical Boundaries? Limitations On State Efforts To Provide Access To Justice In Family Courts, Jessica Dixon Weaver

Fordham Law Review

Family law courts in America are overwhelmed with self-represented parties who try their best to navigate an unfamiliar territory laden with procedural and evidentiary rules. Efforts to level the playing field in these courts have resulted in state entities and judges taking on roles that previously belonged to attorneys. State supreme court judges and state agencies draft and promulgate family law forms, such as divorce pleadings and paternity acknowledgments, to provide poor citizens access to justice. While these efforts have resulted in positive outcomes for some families, reliance on the state’s imprimatur has caused significant harm to others. Upon closer …


Access To Justice Requires Access To Attorneys: Restrictions On The Practice Of Law Serve A Societal Purpose, Lisa H. Nicholson May 2014

Access To Justice Requires Access To Attorneys: Restrictions On The Practice Of Law Serve A Societal Purpose, Lisa H. Nicholson

Fordham Law Review

No abstract provided.


Anyone Can “Think Like A Lawyer”: How The Lawyers’ Monopoly On Legal Understanding Undermines Democracy And The Rule Of Law In The United States, Bridgette Dunlap May 2014

Anyone Can “Think Like A Lawyer”: How The Lawyers’ Monopoly On Legal Understanding Undermines Democracy And The Rule Of Law In The United States, Bridgette Dunlap

Fordham Law Review

No abstract provided.


Legal Information, The Consumer Law Market, And The First Amendment, Renee Newman Knake May 2014

Legal Information, The Consumer Law Market, And The First Amendment, Renee Newman Knake

Fordham Law Review

No abstract provided.


Globalization And The Monopoly Of Aba-Approved Law Schools: Missed Opportunities Or Dodged Bullets?, Carole Silver May 2014

Globalization And The Monopoly Of Aba-Approved Law Schools: Missed Opportunities Or Dodged Bullets?, Carole Silver

Fordham Law Review

No abstract provided.


What Do We Talk About When We Talk About Control?, Anthony J. Sebok May 2014

What Do We Talk About When We Talk About Control?, Anthony J. Sebok

Fordham Law Review

No abstract provided.


Compliance And Claim Funding: Testing The Borders Of Lawyers’ Monopoly And The Unauthorized Practice Of Law, Michele Destefano May 2014

Compliance And Claim Funding: Testing The Borders Of Lawyers’ Monopoly And The Unauthorized Practice Of Law, Michele Destefano

Fordham Law Review

No abstract provided.


The Future Of Big Law: Alternative Legal Service Providers To Corporate Clients, John S. Dzienkowski May 2014

The Future Of Big Law: Alternative Legal Service Providers To Corporate Clients, John S. Dzienkowski

Fordham Law Review

No abstract provided.


The Great Disruption: How Machine Intelligence Will Transform The Role Of Lawyers In The Delivery Of Legal Services, John O. Mcginnis, Russell G. Pearce May 2014

The Great Disruption: How Machine Intelligence Will Transform The Role Of Lawyers In The Delivery Of Legal Services, John O. Mcginnis, Russell G. Pearce

Fordham Law Review

No abstract provided.


The Lawyer’S Monopoly—What Goes And What Stays, Benjamin H. Barton May 2014

The Lawyer’S Monopoly—What Goes And What Stays, Benjamin H. Barton

Fordham Law Review

We live in a time of unprecedented changes for American lawyers, probably the greatest changes since the Great Depression. That period saw the creation of the lawyer’s monopoly through a series of regulatory modifications. Will we see the same following the Great Recession? Formally, no. This Article predicts that formal lawyer regulation in 2023 will look remarkably similar to lawyer regulation in 2013. This is because lawyer regulators will not want to rock the boat in the profession or in law schools during a time of roil.

Informally, yes! We are already seeing a combination of computerization, outsourcing, and nonlawyer …


The Legal Profession’S Monopoly: Failing To Protect Consumers, Laurel A. Rigertas May 2014

The Legal Profession’S Monopoly: Failing To Protect Consumers, Laurel A. Rigertas

Fordham Law Review

No abstract provided.


Putting The Legal Profession’S Monopoly On The Practice Of Law In A Global Context, Laurel S. Terry Jan 2014

Putting The Legal Profession’S Monopoly On The Practice Of Law In A Global Context, Laurel S. Terry

Fordham Law Review

When considering the proper scope of the U.S. legal profession’s monopoly, regulators and commentators may find it useful to compare the scope of the U.S. monopoly with the legal profession monopolies found in other countries. This Article surveys what we know—and do not know—about the scope of the monopoly in countries other than the United States. The Article finds that the state of knowledge on this topic is relatively undeveloped, that the scope of the U.S. legal profession’s monopoly appears to be larger than the scope of the monopoly found in some other countries, but that the “conventional wisdom” may …