Download or read book The American Legal Profession in Crisis written by James E. Moliterno and published by Oxford University Press. This book was released on 2013-02-26 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout history, the American legal profession has tried to hold tight to its identity by retreating into its traditional values and structure during times of self-perceived crisis. The American Legal Profession in Crisis: Resistance and Responses to Change analyzes the efforts of the legal profession to protect and maintain the status quo even as the world around it changed. Author James E. Moliterno, consistently argues that the profession has resisted societal change and sought to ban or discourage new models of legal representation created by such change. In response to every crisis, lawyers asked: "How can we stay even more 'the same' than we already are?" The legal profession has been an unwilling, capitulating entity to any transformation wrought by the overwhelming tide of change. Only when the shifts in society, culture, technology, economics, and globalization could no longer be denied did the legal profession make any proactive changes that would preserve status quo. This book demonstrates how the profession has held to its anachronistic ways at key crisis points in US history: Watergate, communist infiltration, waves of immigration, the explosion of litigation, and the current economic crisis that blends with dramatic changes in technology, communications, and globalization. Ultimately, Moliterno urges the profession to look outward and forward to find in society and culture the causes and connections with these periodic crises. Doing so would allow the profession to grow with the society, solve problems with, rather than against, the flow of society, and be more attuned to the very society the profession claims to serve. This paperback version includes a commentary on the prevailing crisis in legal education.
Download or read book A Nation Under Lawyers written by Mary Ann Glendon and published by Harvard University Press. This book was released on 1996 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mary Ann Glendon's A Nation Under Lawyers is a guided tour through the maze of the late-twentieth-century legal world. Glendon depicts the legal profession as a system in turbulence, where a variety of beliefs and ideals are vying for dominance.
Download or read book The Lawyer Bubble written by Steven J Harper and published by Hachette UK. This book was released on 2016-03-08 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A noble profession is facing its defining moment. From law schools to the prestigious firms that represent the pinnacle of a legal career, a crisis is unfolding. News headlines tell part of the story—the growing oversupply of new lawyers, widespread career dissatisfaction, and spectacular implosions of pre-eminent law firms. Yet eager hordes of bright young people continue to step over each other as they seek jobs with high rates of depression, life-consuming hours, and little assurance of financial stability. The Great Recession has only worsened these trends, but correction is possible and, now, imperative. In The Lawyer Bubble, Steven J. Harper reveals how a culture of short-term thinking has blinded some of the nation’s finest minds to the long-run implications of their actions. Law school deans have ceded independent judgment to flawed U.S. News & World Report rankings criteria in the quest to maximize immediate results. Senior partners in the nation’s large law firms have focused on current profits to enhance American Lawyer rankings and individual wealth at great cost to their institutions. Yet, wiser decisions—being honest about the legal job market, revisiting the financial incentives currently driving bad behavior, eliminating the billable hour model, and more—can take the profession to a better place. A devastating indictment of the greed, shortsightedness, and dishonesty that now permeate the legal profession, this insider account is essential reading for anyone who wants to know how things went so wrong and how the profession can right itself once again.
Download or read book The Lost Lawyer written by Anthony T. Kronman and published by Harvard University Press. This book was released on 1993 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nearly two centuries, Kronman argues, the aspirations of American lawyers were shaped by their allegiance to a distinctive ideal of professional excellence. In the last generation, however, this ideal has failed, undermining the identity of lawyers as a group and making it unclear to those in the profession what it means for them personally to have chosen a life in the law.
Download or read book The Trouble with Lawyers written by Deborah L. Rhode and published by Oxford University Press, USA. This book was released on 2015 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: A broad, comprehensive foray into the debate about the legal crisis, written by one of the most respected and authoritative scholars of the legal profession.
Download or read book Glass Half Full written by Benjamin H. Barton and published by Oxford University Press, USA. This book was released on 2015 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: A counterintuitive and optimistic reconsideration of the crisis in the American legal profession
Download or read book The American Legal Profession in Crisis written by James E. Moliterno and published by Oxford University Press. This book was released on 2013-03-28 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout history, the American legal profession has tried to hold tight to its identity by retreating into its traditional values and structure during times of self-perceived crisis. The American Legal Profession in Crisis: Resistance and Responses to Change analyzes the efforts of the legal profession to protect and maintain the status quo even as the world around it changed. Author James E. Moliterno, consistently argues that the profession has resisted societal change and sought to ban or discourage new models of legal representation created by such change. In response to every crisis, lawyers asked: "How can we stay even more 'the same' than we already are?" The legal profession has been an unwilling, capitulating entity to any transformation wrought by the overwhelming tide of change. Only when the shifts in society, culture, technology, economics, and globalization could no longer be denied did the legal profession make any proactive changes that would preserve status quo. This book demonstrates how the profession has held to its anachronistic ways at key crisis points in US history: Watergate, communist infiltration, waves of immigration, the explosion of litigation, and the current economic crisis that blends with dramatic changes in technology, communications, and globalization. Ultimately, Moliterno urges the profession to look outward and forward to find in society and culture the causes and connections with these periodic crises. Doing so would allow the profession to grow with the society, solve problems with, rather than against, the flow of society, and be more attuned to the very society the profession claims to serve. This paperback version includes a commentary on the prevailing crisis in legal education.
Download or read book The Future of Change written by Ray Brescia and published by Cornell University Press. This book was released on 2020-04-15 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Future of Change, Ray Brescia identifies a series of "social innovation moments" in American history. Through these moments—during which social movements have embraced advances in communications technologies—he illuminates the complicated, dangerous, innovative, and exciting relationship between these technologies, social movements, and social change. Brescia shows that, almost without fail, developments in how we communicate shape social movements, just as those movements change the very technologies themselves. From the printing press to the television, social movements have leveraged communications technologies to advance change. In this moment of rapidly evolving communications, it's imperative to assess the role that the Internet, mobile devices, and social media can play in promoting social justice. But first we must look to the past, to examples of movements throughout American history that successfully harnessed communications technology, thus facilitating positive social change. Such movements embraced new communications technologies to help organize their communities; to form grassroots networks in order to facilitate face-to-face interactions; and to promote positive, inclusive messaging that stressed their participants' shared dignity and humanity. Using the past as prologue, The Future of Change provides effective lessons in the use of communications technology so that we can have the best communicative tools at our disposal—both now and in the future.
Download or read book The American Legal Profession in Crisis written by James E. Moliterno and published by OUP Us. This book was released on 2013-04-11 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American Legal Profession in Crisis: Resistance and Responses to Change analyzes the efforts of the legal profession to protect and maintain the status quo even as the world around it changed. James E. Moliterno demonstrates how the profession has held to its anachronistic ways at key crisis points in US history. Ultimately, he urges the profession to look outward and forward to find in society and culture the causes and connections with these periodic crises, and in doing so, to grow with the society it claims to serve.
Download or read book Free Justice written by Sara Mayeux and published by UNC Press Books. This book was released on 2020-04-28 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every day, in courtrooms around the United States, thousands of criminal defendants are represented by public defenders--lawyers provided by the government for those who cannot afford private counsel. Though often taken for granted, the modern American public defender has a surprisingly contentious history--one that offers insights not only about the "carceral state," but also about the contours and compromises of twentieth-century liberalism. First gaining appeal amidst the Progressive Era fervor for court reform, the public defender idea was swiftly quashed by elite corporate lawyers who believed the legal profession should remain independent from the state. Public defenders took hold in some localities but not yet as a nationwide standard. By the 1960s, views had shifted. Gideon v. Wainwright enshrined the right to counsel into law and the legal profession mobilized to expand the ranks of public defenders nationwide. Yet within a few years, lawyers had already diagnosed a "crisis" of underfunded, overworked defenders providing inadequate representation--a crisis that persists today. This book shows how these conditions, often attributed to recent fiscal emergencies, have deep roots, and it chronicles the intertwined histories of constitutional doctrine, big philanthropy, professional in-fighting, and Cold War culture that made public defenders ubiquitous but embattled figures in American courtrooms.
Download or read book Beyond Monopoly written by Terence C. Halliday and published by University of Chicago Press. This book was released on 1987-09-10 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do professional associations build their resources and establish authroity? What are the conditions under which professional expertise can be mobilized for political action? If professional organizations are endowed with a wealth of resources, do they use them responsibly or only for economic monopoly? What is the potential scope of professional action today? In this pathbreaking study of the legal profession, Terence Halliday raises and addresses these questions combining extensive data from the rich archives o the Chicago Bar Association, one of the nation's largest and wealthiest bar organizations, with data from a national survey of bar legislative and judicial action. Beyond Monopoly demonstrates that the primary commitment of lawyers to economic monopoly has long been complemented by "civic professionalism" as the legal profession takes on more responsibility in the American democratic system when state capabilities diminish. Through his examination of three types of state crises in the 1950s and 1960s—the challenges to legitimacy in the legal system, the crisis of individual rights during McCarthyism and the civil rights eras, and the fiscal crises of various state governments—Halliday shows that large bar associations can have extensive influence on any institution that is regulated by law. He argues that lawyers have the capability of turning social and political issues into technical legal matters in what he calls an "idiom of legalism." Under technical guise, lawyers come to exercise moral authority. Halliday maintains that the American legal profession over the past century has gone from a formative stage, when controlling its market in the delivery of legal services was paramount, to an established phase in the past two decades, when it has committed extensive resources to the complex needs of the modern state. A de facto bargain has been struck: if the state leaves the profession's monopoly fairly intact, the profession can use its expert resources to help the state adapt to strain and crisis. It can do so not only in the legal system, where it has been championing "autonomous" law, but in other spheres as well—from the economy to the private sphere of individual rights. Halliday confirms that the legal profession deploys its expertise not merely to attain professional dominance, to control a market, or to purvey an ideology, but to increase the viability of democratic institutions. Beyond Monopoly introduces a pioneering approach to a historical and comparative sociology of the professions that will be of vital interest not only to sociologists, but to political scientists and lawyers as well.
Download or read book The Growth of American Law written by James Willard Hurst and published by The Lawbook Exchange, Ltd.. This book was released on 2007 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rebooting Justice written by Benjamin H. Barton and published by Encounter Books. This book was released on 2017-08-01 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
Download or read book The Lawyer s Myth written by Walter Bennett and published by University of Chicago Press. This book was released on 2010-02-15 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers today are in a moral crisis. The popular perception of the lawyer, both within the legal community and beyond, is no longer the Abe Lincoln of American mythology, but is often a greedy, cynical manipulator of access and power. In The Lawyer's Myth, Walter Bennett goes beyond the caricatures to explore the deeper causes of why lawyers are losing their profession and what it will take to bring it back. Bennett draws on his experience as a lawyer, judge, and law teacher, as well as upon oral histories of lawyers and judges, in his exploration of how and why the legal profession has lost its ennobling mythology. Effectively using examples from history, philosophy, psychology, mythology, and literature, Bennett shows that the loss of professionalism is more than merely the emergence of win-at-all-cost strategies and a scramble for personal wealth. It is something more profound—a loss of professional community and soul. Bennett identifies the old heroic myths of American lawyers and shows how they informed the values of professionalism through the middle of the last century. He shows why, in our more diverse society, those myths are inadequate guides for today's lawyers. And he also discusses the profession's agony over its trickster image and demonstrates how that archetype is not only a psychological reality, but a necessary component of a vibrant professional mythology for lawyers. At the heart of Bennett's eloquently written book is a call to reinvigorate the legal professional community. To do this, lawyers must revive their creative capacities and develop a meaningful, professional mythology—one based on a deeper understanding of professionalism and a broader, more compassionate ideal of justice.
Download or read book The Justice Crisis written by Trevor C.W. Farrow and published by UBC Press. This book was released on 2020-09-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.
Download or read book Chief Crisis Officer written by James F. Haggerty and published by American Bar Association. This book was released on 2017 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely new book explains why every company and organization needs to identify a Chief Crisis Officer, and provide the proper tools to enable the Chief Crisis Officer to assemble his or her team, and respond--effectively and efficiently--when the crisis occurs. Using a mixture of real life examples, strategies, and tactics, the book will break down crises into their component parts and provide both a strategic approach to effectively dealing with those issues.
Download or read book Ethics of the Legal Profession written by Sir Fred Phillips and published by Routledge. This book was released on 2016-04-08 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: In countries outside the developed world, although writers have written commentaries on specific legal codes, very little attention has been given to legal writing which has focused specifically on the ethics of the legal profession. This book makes a special contribution in that regard providing, as it does, a comparative study of prevailing efforts to enhance ethical standards in a profession potentially in crisis and under much public scrutiny. Countries which have been examined include the UK, the US, Canada, South Africa, and countries in the Pacific, South East Asia and the Caribbean. Valuable guidance and learning are provided on such topical issues as wasted costs orders, conflicts of interests, legal and judicial codes, confidentiality, privilege and the ethics of the criminal process, where the jury system comes in for critical evaluation. This book will be a valuable text on the ethics and status of the profession. It will be of considerable interest to law students, practitioners and legal academics, Bar Associations, Attorneys-General and Directors of Public Prosecutions as well as members of the judiciary.
