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Articles 1 - 30 of 40
Full-Text Articles in Law
Law School News: National Housing Advocate Named To Lead Rwu's New Real Estate Initiatives 02/08/2022, Roger Williams University School Of Law
Law School News: National Housing Advocate Named To Lead Rwu's New Real Estate Initiatives 02/08/2022, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Law Library Blog (September 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (September 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
The Vocation Of International Arbitrators, Catherine A. Rogers
The Vocation Of International Arbitrators, Catherine A. Rogers
Catherine Rogers
This Essay examines the vocation of the international arbitrator. I begin by evaluating, under sociological frameworks developed in literature on Weberian theories of the professions, how the arbitration community is organized and regulated. Arbitrators operate in a largely private and unregulated market for services, access to which is essentially controlled by what might be considered a governing cartel of the most elite arbitrators. I conclude my description with an account of how recently international arbitrators have begun to display a professional impulse, meaning efforts to present themselves as a profession to obtain the benefits of professionalization. Professional status is often …
Discovering The Knowledge Monopoly Of Law Librarianship Under The Dikw Pyramid, Xiaomeng Zhang
Discovering The Knowledge Monopoly Of Law Librarianship Under The Dikw Pyramid, Xiaomeng Zhang
Law Librarian Scholarship
Historical debates demonstrated that knowledge monopoly is a key to a profession. This article explores the exclusive knowledge base of the law librarianship profession through the lens of the Data-Information-Knowledge-Wisdom (DIKW) paradigm.
Military Professionals As Guardians Of The Republic: The Hidden Promise Of Huntington’S The Soldier And The State, Robert E. Atkinson Jr.
Military Professionals As Guardians Of The Republic: The Hidden Promise Of Huntington’S The Soldier And The State, Robert E. Atkinson Jr.
Robert E. Atkinson Jr.
This paper is the first step in developing a neo-classical theory of the military officer corps as a functionalist profession. It unpacks the central paradox of Samuel P. Huntington’s The Soldier and the State: Why does an account that begins with a call for a highly professionalized officer corps to obey the orders of any legally legitimate civilian regime end with the promise that humanity can achieve both security and redemption if all the nations of the world adopt core military values? How can “militarize the military,” Huntington’s solution to the classical question of civilian/ military relations – Plato’s …
A Tale Of Three “Professions”: Search Engine Optimization, Lawyering & Law Teaching, Ray Campbell
A Tale Of Three “Professions”: Search Engine Optimization, Lawyering & Law Teaching, Ray Campbell
Ray W Campbell
The question has been posed: is legal practice today a profession? This leads, naturally enough, to another question: should society treat it as one? Using the concept of ‘profession’ in different ways, some argue that one thing modern legal practice needs is a good dose of 'professionalism;' others argue that, whatever once might have been true, treating law practice as a ‘profession’ is a rum game best abandoned.
These questions matter. Law enjoys special regulatory privileges and market protections that make little sense if law has become just another form of business – a specialized form of consulting, perhaps. At …
Medicine And Law As Model Professions: The Heart Of The Matter (And How We Have Missed It), Robert E. Atkinson Jr.
Medicine And Law As Model Professions: The Heart Of The Matter (And How We Have Missed It), Robert E. Atkinson Jr.
Robert E. Atkinson Jr.
This article has two coordinate goals: to undergird the functionalist understanding of professionalism with classical normative theory and to advance the classical theory of civic virtue with the insights of modern social science. More specifically, this article seeks to connect classical theories about the care of the body and the soul with modern theories of market and government failure. The first step is to distinguish two kinds of professions, caring professions like medicine and public professions like law, by identifying the distinctive virtue of each. The distinctive virtue of the caring professions is single-minded commitment to those in their care, …
Medical Malpractice Law, Sean P. Byrne, Lauran G. Stimac
Medical Malpractice Law, Sean P. Byrne, Lauran G. Stimac
University of Richmond Law Review
Health care reform took center stage on a national level overthe past year. Despite suggestions that medical liability reform might be incorporated into the federal legislation, in the end, it was not. Similarly, this year saw few legislative developments at the state level in medical malpractice law, as the Virginia General Assembly focused its energy primarily on the budget shortfall and other issues. There were, however, several health care legislative and case developments of note which will impact the medical liability landscape in the coming years. Board of Medicine activity and medical malpractice trial results of interest are also highlighted …
So, You Want To Be A Lawyer? The Quest For Professional Status In A Changing Legal World, Joyce S. Sterling, Nancy Reichman
So, You Want To Be A Lawyer? The Quest For Professional Status In A Changing Legal World, Joyce S. Sterling, Nancy Reichman
Fordham Law Review
No abstract provided.
I'Ll Start Walking Your Way, You Start Walking Mine: Sociological Perspectives On Professional Identity Development And Influence Of Generational Differences, Melissa Heames Weresh
I'Ll Start Walking Your Way, You Start Walking Mine: Sociological Perspectives On Professional Identity Development And Influence Of Generational Differences, Melissa Heames Weresh
South Carolina Law Review
No abstract provided.
The Professional Ethics Of Billing And Collections, Mark A. Hall, Carl E. Schneider
The Professional Ethics Of Billing And Collections, Mark A. Hall, Carl E. Schneider
Articles
Medicine is a Profession on which physicians rely for their livelihood and patients for their lives. If physicians do not charge for services, they cannot survive. If patients cannot afford those services, they cannot survive. No wonder many physicians have long agreed that fees are “one of the most difficult problems . . . between patient and physician.” For years comprehensive insurance subdued this problem, but currently widespread underinsurance and consumer-directed health care are reviving it. Even as the ranks of the uninsured continue to increase,the latest hope for controlling medical costs requires insured patients to pay for much more …
Void For Vagueness, Carl E. Schneider
Void For Vagueness, Carl E. Schneider
Articles
When law regulates a profession, where does it get its standards? Largely from the profession. Members of professions acquire esoteric and abstract knowledge through formal education and the experience of practice. They use professional judgment in applying this knowledge to each case. Because legislatures and courts lack this expertise, they adopt the standards of the experts. Thus in a malpractice suit, juries are instructed to determine whether the doctor met medicine's standard of care. Furthermore, physicians must be called as expert witnesses to guide juries in that work. Even when lawmakers contemplated intensifying their regulation of medicine by creating the …
The Vocation Of International Arbitrators, Catherine A. Rogers
The Vocation Of International Arbitrators, Catherine A. Rogers
Journal Articles
This Essay examines the vocation of the international arbitrator. I begin by evaluating, under sociological frameworks developed in literature on Weberian theories of the professions, how the arbitration community is organized and regulated. Arbitrators operate in a largely private and unregulated market for services, access to which is essentially controlled by what might be considered a governing cartel of the most elite arbitrators. I conclude my description with an account of how recently international arbitrators have begun to display a professional impulse, meaning efforts to present themselves as a profession to obtain the benefits of professionalization. Professional status is often …
Race, Class, And The Regulation Of The Legal Profession In The Progressive Era: The Case Of The 1908 Canons, Alfred L. Brophy
Race, Class, And The Regulation Of The Legal Profession In The Progressive Era: The Case Of The 1908 Canons, Alfred L. Brophy
Cornell Journal of Law and Public Policy
No abstract provided.
Who Determines The Optimal Trade-Off Between Quality And Price?, Barbara Ann White
Who Determines The Optimal Trade-Off Between Quality And Price?, Barbara Ann White
All Faculty Scholarship
The question of the optimal trade-off between quality and price has become increasingly important as well as complex in recent times, as the advances of modern technology permit a far more refined range of choices. These subtleties among choices allow an individual, a group, or a society to titrate more precisely degrees of quality with almost any product or service, coupled, of course, with counterbalancing price consequences.
In 2002, as Program Chair of the Antitrust Section of the Association of American Law Schools, I organized a panel entitled “Guilds at the Millennium: Antitrust and the Professions” and served as one …
Experts, Carl E. Schneider
Experts, Carl E. Schneider
Articles
George Bernard Shaw famously said that all professions are conspiracies against the laity. Less famously, less elegantly, but at least as accurately, Andrew Abbott argued that professions are conspiracies against each other. Professions compete for authority to do work and for authority over work. The umpire in these skirmishes and sieges is the government, for the state holds the gift of monopoly and the power to regulate it. In Abbott's terms, "bioethics" is contesting medicine's power to influence the way doctors treat patients. If it follows the classic pattern, bioethics will solicit work and authority by recruiting government's power. A …
Regulating Doctors, Carl E. Schneider
Regulating Doctors, Carl E. Schneider
Articles
Alawyer today can hardly speak to a doctor--or even be treated by one-without being assailed by lawyer jokes. These jokes go well beyond good-humored badinage and pass the line into venom and gall. They reflect, I think, the sense many doctors today have that they are embattled and endangered, cruelly subject to pervasive and perverse controls. This is puzzling, almost to the point of mystery. Doctors have long been the American profession with the greatest social prestige, the greatest wealth, and the greatest control over its work. Indeed, what other profession has been as all-conquering? One may need to go …
A New Class Of Lawyers: The Therapeutic As Rights Talk, Kenneth Anderson
A New Class Of Lawyers: The Therapeutic As Rights Talk, Kenneth Anderson
Book Reviews
This 1996 essay reviews three books: Anthony T. Kronman, 'The Lost Lawyer: Failing Ideals of the Legal Profession' (Belknap 1993); Steven Brint, 'In an Age of Experts: The Changing Role of Professionals in Politics and Public Life' (Princeton 1994); and Christopher Lasch, 'The Revolt of the Elites and the Betrayal of Democracy' (WW Norton 1995). The review essay argues that lawyers in the United States should be seen as part of the professional New Class who use the law as a monopoly in the management by elites of the rest of society. The review examines the history of New Class …
A New Class Of Lawyers: The Therapeutic As Rights Talk, Kenneth Anderson
A New Class Of Lawyers: The Therapeutic As Rights Talk, Kenneth Anderson
Kenneth Anderson
Ethics, Cultures, And Professions In The Representation Of Children, Frank P. Cervone, Linda M. Mauro
Ethics, Cultures, And Professions In The Representation Of Children, Frank P. Cervone, Linda M. Mauro
Fordham Law Review
No abstract provided.
Accrediting And The Sherman Act, Clark C. Havighurst, Peter M. Brody
Accrediting And The Sherman Act, Clark C. Havighurst, Peter M. Brody
Law and Contemporary Problems
The shortcomings of the Sherman Act as it relates to private accrediting are examined in order to assist courts in minimizing the anticompetitive features of accreditation and maximizing its procompetitive benefits. A lack of clear legal principles to guide factual analysis and to facilitate the granting of summary judgment in appropriate cases has led to unfocused and protracted litigation.
Regulation Of Professionals In The European Community, Betty Blanco, Susan Dolan
Regulation Of Professionals In The European Community, Betty Blanco, Susan Dolan
University of Miami International and Comparative Law Review
No abstract provided.
How It Was, How It Is, Clare Dalton
How It Was, How It Is, Clare Dalton
Michigan Law Review
A Review of Unequal Colleagues: The Entrance of Women into the Professions, 1890-1940 by Penina Migdal Glazer and Miriam Slater
The Ethics Of Dissent And Friendship In The American Professions, Thomas L. Shaffer
The Ethics Of Dissent And Friendship In The American Professions, Thomas L. Shaffer
West Virginia Law Review
No abstract provided.
A Comment For Tom Shaffer: The Ethics Of Race, The Ethics Of Corruption, James J. Friedberg
A Comment For Tom Shaffer: The Ethics Of Race, The Ethics Of Corruption, James J. Friedberg
West Virginia Law Review
No abstract provided.
The Ethics Of Dissent And Friendship--A Response To Professor Shaffer, Carl M. Selinger
The Ethics Of Dissent And Friendship--A Response To Professor Shaffer, Carl M. Selinger
West Virginia Law Review
No abstract provided.
Antitrust And The Professions: Where Do We Go From Here, Dennis R. Bartholomew
Antitrust And The Professions: Where Do We Go From Here, Dennis R. Bartholomew
Villanova Law Review
No abstract provided.
Constitutional Limitations On State-Imposed Continuing Competency Requirements For Licensed Professionals, Toni M. Massaro, Thomas L. O'Brien
Constitutional Limitations On State-Imposed Continuing Competency Requirements For Licensed Professionals, Toni M. Massaro, Thomas L. O'Brien
William & Mary Law Review
No abstract provided.
Computer Malpractice: Are Computer Manufacturers, Service Burreaus, And Programmers Really The Professionals They Claim To Be?, Kevin S. Mackinnon
Computer Malpractice: Are Computer Manufacturers, Service Burreaus, And Programmers Really The Professionals They Claim To Be?, Kevin S. Mackinnon
Santa Clara Law Review
No abstract provided.
Access Of The Poor To Basic Economic Needs: A New Concern In Freedom Of Speech Decisions, John E. Brengle
Access Of The Poor To Basic Economic Needs: A New Concern In Freedom Of Speech Decisions, John E. Brengle
Indiana Law Journal
No abstract provided.