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Full-Text Articles in Legal Profession
Lawyers And The Lies They Tell, Bruce Green, Rebecca Roiphe
Lawyers And The Lies They Tell, Bruce Green, Rebecca Roiphe
Articles & Chapters
Noting that the First Amendment protects lies about the government made in the public square, this article explores whether lawyers’ free speech rights ought to be different from that of other speakers. The law holds lawyers to a more demanding standard of conduct than others when it comes to aspects of lawyers’ fiduciary relationships with courts and clients. But how much more demanding can the law be when it comes to lawyers’ speech — in this case, false political speech? Applying the current First Amendment framework, we question the bar’s assumption that lawyers’ speech outside of these contexts can be …
A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe
A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe
Articles & Chapters
President Trump’s administration has persistently challenged the legitimacy of the Department of Justice (“DOJ”). In the past, DOJ, like other governmental institutions, has been fairly resilient. Informal norms and practices have served to preserve its proper functioning, even under pressure. The strain of the past three years, however, has been different in kind and scale. This Article offers a typology of different roles for DOJ lawyers and argues that over time the institution has evolved by allocating different functions and responsibilities to different positions within DOJ. By doing so, it has for the most part maintained the proper balance between …
Thailand: The Evolution Of Law, The Legal Profession And Political Authority, Frank W. Munger
Thailand: The Evolution Of Law, The Legal Profession And Political Authority, Frank W. Munger
Articles & Chapters
This article describes the origin and development of the modern Thai legal profession. Intimately linked in origin to the development of the modern Thai state, the legal profession increasingly resembles the profession in economically developed democracies. Paralleling other regional developments, Thailand’s rapid economic development, constitutional reforms, and expanding judicialization drives many of the most important changes in the education and function of lawyers. Significant differences continue to exist between the profession in Thailand and legal professions in developed democracies, reflecting the profession’s origins and the continuing influence of consciousness and class structure as well as Thailand’s peculiarly semi-democratic and monarchical …
Raising The Bar: Standards-Based Training, Supervision, And Evaluation, Adele Bernhard
Raising The Bar: Standards-Based Training, Supervision, And Evaluation, Adele Bernhard
Articles & Chapters
In this short Article, I sketch the methodology my colleagues and I at Pace Law School use to incorporate practice standards into our clinical teaching and reflect on how a standards-based teaching paradigm could be adapted to the training, supervision, and evaluation of public defenders. Then, I briefly consider how standards and standards-based teaching assist in the administration of assigned counsel plans and in the evaluation of the performance of public defender organizations. Although this Article does not cover any of these topics in depth, my goal is to introduce the reader to a standards-based approach to teaching and suggest …