Trouble At The Bar An Economics Perspective On The Legal Profession And The Case For Fundamental Reform
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Trouble At The Bar
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Author : Clifford Winston
language : en
Publisher: Brookings Institution Press
Release Date : 2021-03-02
Trouble At The Bar written by Clifford Winston and has been published by Brookings Institution Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-02 with Business & Economics categories.
Deregulating the legal profession will benefit society by improving access to legal services and the efficacy of public policies. Lawyers dominate a judicial system that has come under fire for limiting access to its services to primarily the most affluent members of society. Lawyers also have a pervasive influence throughout other parts of government. This is the first book offering a critical comprehensive overview of the legal profession's role in failing to serve the majority of the public and in contributing to the formation of inefficient public policies that reduce public welfare. In Trouble at the Bar, the authors use an economic approach to provide empirical support for legal reformers who are concerned about their own profession. The authors highlight the adverse effects of the legal profession's self-regulation, which raises the cost of legal education, decreases the supply of lawyers, and limits the public's access to justice to the point where, in general, only certified lawyers can execute even simple contracts. At the same time, barriers to entry that limit competition create a closed environment that inhibits valid approaches to analyzing and solving legal problems that are at the heart of effective public policy. Deregulating the legal profession, the authors argue, would allow more people to provide a variety of legal services without jeopardizing their quality, reduce the cost of those services, spur competition and innovation in the private sector, and increase the quality of lawyers who pursue careers in the public sector. Legal practitioners would enjoy more fulfilling careers, and society in general and its most vulnerable members in particular would benefit greatly.
The American Legal Profession
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Author : Christopher P. Banks
language : en
Publisher: Taylor & Francis
Release Date : 2023-11-10
The American Legal Profession written by Christopher P. Banks and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-10 with Political Science categories.
This book is a tight and fresh analysis of the American legal profession and its significance to society and its citizens. The book’s primary objective is to expose, and correct, the principal misconceptions— myths— surrounding prelaw study, law school admission, law school, and the American legal profession itself. These issues are vitally important to prelaw advisors and instructors in light of the difficult problems caused by the Great Recessions of 2008 and 2020– 2021 and the disruptions caused by the COVID-19 pandemic. Aimed equally at prelaw advisors and potential law students, this book can be used as a supplement in the interdisciplinary undergraduate law-related instructional market, including courses that cater to majors/minors in political science and criminal justice in particular. It can also be used in career counselling, internships, and the extensive paralegal program market. New to the Second Edition • Expanded coverage to include paralegal and legal assistant training. • New material on women and minority law students who are transforming law schools and the profession. • Explores challenges to the legal profession posed by economic recession, COVID-19, high tuition rates, exploding student loan debt, internet technological advances, and global competitive pressures, including legal outsourcing and DIY legal services. • Updated data and tables along with all underlying research.
Shaping The Bar
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Author : Joan Howarth
language : en
Publisher: Stanford University Press
Release Date : 2022-12-13
Shaping The Bar written by Joan Howarth and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-13 with Law categories.
The comprehensive source on attorney licensing and how to reform it. In Shaping the Bar, Joan Howarth describes how the twin gatekeepers of the legal profession—law schools and licensers—are failing the public. Attorney licensing should be laser-focused on readiness to practice law with the minimum competence of a new attorney. According to Howarth, requirements today are both too difficult and too easy. Amid the crisis in unmet legal services, record numbers of law school graduates—disproportionately people of color—are failing bar exams that are not meaningful tests of competence to practice. At the same time, after seven years of higher education, hundreds of thousands of dollars of law school debt, two months of cramming legal rules, and success on a bar exam, a candidate can be licensed to practice law without ever having been in a law office or even seen a lawyer with a client. Howarth makes the case that the licensing rituals familiar to generations of lawyers—unfocused law degrees and obsolete bar exams—are protecting members of the profession more than the public. Beyond explaining the failures of the current system, this book presents the latest research on competent lawyering and examples of better approaches. This book presents the path forward by means of licensing changes to protect the public while building an inclusive, diverse, competent, ethical profession. Thoughtful and engaging, Shaping the Bar is both an authoritative account of attorney licensing and a pragmatic handbook for overdue equitable reform of a powerful profession.
Gaining Ground
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Author : Clifford Winston
language : en
Publisher: Brookings Institution Press
Release Date : 2021-08-17
Gaining Ground written by Clifford Winston and has been published by Brookings Institution Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-17 with Business & Economics categories.
Focusing on ways that markets work with, rather than against, governments to enhance public welfare. The optimal mix of market forces and government intervention to allocate resources is one of the longest-standing problems facing human civilization. At the theoretical extremes, resources in centrally planned economies are allocated by the government, while resources in capitalist economies are allocated by private markets. In practice, market forces and government interventions co-exist to allocate goods and services in a political environment with shifting pressures to give one approach more responsibility than the other. Current public attitudes toward markets are at a low point in the wake of the Great Recession and the growth in income inequality that began in the 1970s. However, in this book, noted Brookings economist Clifford Winston argues that it is a serious mistake to overlook that markets will be a critical part of the solution to any public objective—whether it be to reduce inequality, stimulate long-term growth, slow climate change, or eliminate COVID 19. In Winston's view, policymakers should be much more aware of the many ways that markets help government to achieve economic and social goals and the potential that markets have to provide greater assistance in achieving those goals. Winston synthesizes the empirical evidence on the efficacy of markets in helping to protect consumers against anti-competitive behavior and when technology appears to prevent price competition; to enable individuals to make more informed decisions; and to reduce negative externalities, improve public production, and encourage innovations. Importantly, Winston presents evidence indicating how markets can also help to reduce poverty, promote fairness in labor markets, and provide merit goods. Winston subjects his assessment to a robustness test by explaining how market forces have helped to address the COVID-19 pandemic by, for example, finding new ways for people to work safely and providing incentives for pharmaceutical companies to develop safe and effective vaccines. Winston takes a proactive approach in his conclusion by suggesting the formation of a major “Commission” composed of academics, policymakers, and businesspeople. Such a panel could explore how market forces could provide greater help to government to address economic and social problems and could provide specific recommendations to facilitate market solutions where appropriate.
Trial By Numbers
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Author : Adam Chilton
language : en
Publisher: Oxford University Press
Release Date : 2024-04-23
Trial By Numbers written by Adam Chilton and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-23 with Law categories.
A significant problem within the legal profession is that many of the lawyers litigating cases and the judges deciding them have only a limited understanding of how to properly interpret empirical evidence. Trial by Numbers provides an easy way for members of the legal profession to acquire a basic understanding of the most common methods that serve as the building blocks for empirical evidence in academic articles, policy briefs, and expert witness reports. Adam Chilton and Kyle Rozema take a different approach to other introductory books on empirical methods, omitting the formulas and equations found in other books, and instead focusing on explaining the intuition and logic of common empirical methods. The work also exclusively use examples that are relevant to law school and legal practice.
The American Legal Profession In Crisis
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Author : James E. Moliterno
language : en
Publisher: Oxford University Press
Release Date : 2013-03-28
The American Legal Profession In Crisis written by James E. Moliterno and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-28 with Law categories.
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.
Tort Law And Economics
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Author : Michael Faure
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009-01-01
Tort Law And Economics written by Michael Faure and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
The central goal of this book is to provide a state-of-the-art overview of the literature with respect to the economic analysis of tort law. It sure meets the challenge, offering with great expertise a comprehensive presentation of tort law in both economic and comparative perspectives. The clarity of the text, unusual in the law and economics literature, makes the book accessible to a broad readership of economists with a limited legal background and lawyers with limited economic skills. Olivier Moreteau, Louisiana State University, US Tort Law and Economics, ed. Michael Faure, provides a highly useful economic overview of the most important topics of tort law. The authors clearly show the main developments of the discussion, examining the results of recent studies and stating their own opinions. Detailed bibliographies are included. The volume has to be warmly recommended to friends and foes of economic analysis who are provided with a comprehensive update in this field while also indicating areas which critics have to focus on. Helmut Koziol, European Centre of Tort and Insurance Law, Austria This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker. Tort Law and Economics is part of the Encyclopedia of Law and Economics, and enables readers, some not familiar with law and economics, to obtain an insight in the relevant economic literature concerning tort law and economics. This book will be of interest to lawyers and economists, practitioners and academics interested in accident law, tort law, insurance and regulation. It will also appeal to students in economic analysis of law and policymakers working on prevention of accidents, tort law or compensation of accident victims.
Reorganization And Resistance
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Author : William Felstiner
language : en
Publisher: Bloomsbury Publishing
Release Date : 2005-12-19
Reorganization And Resistance written by William Felstiner and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-12-19 with Law categories.
'Reorganization and Resistance' analyses the ways in which the legal professions of nine countries (England,France, the Netherlands, Germany, Canada, the US, Mexico, Australia and Korea) and one continent (South America) have confronted the internal and external political, economic and social upheavals of the past twenty years. It documents how change and resistance are inextricably tied together in an oppositional tension where the greater weight shifts gradually from one to the other, even shifts backwards at times, but in the long view runs in the direction of change. The most obvious instance almost everywhere is the struggle of women in legal professions where improvement is undeniable even as resistance is varied and stiff. The book charts the way demographic shifts have changed the work of lawyers, the way that the revenue from law practice has been re-distributed, and the extent to which barriers based on race, class, religion and gender have shrunk or shifted. It describes how some professions have been forced by government or co-regulation with government to reorganize. It also documents how others have not kept pace with transformations in the economy and changes and challenges to legal education take center stage while demographic shifts and institutional reorganization are of much less importance.
The Economics Of Courts And Litigation
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Author : Francisco Cabrillo
language : en
Publisher: Edward Elgar Publishing
Release Date : 2008-01-01
The Economics Of Courts And Litigation written by Francisco Cabrillo and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.
Dissatisfaction with the working of courts is ubiquitous. Legal inertia and maladministration are the norm in many countries and have significant social and economic repercussions. No longer a theme relegated to the peripheries of economic analysis, the administration of justice is now recognised by most economists as being of fundamental importance for economic development, a factor increasingly being acknowledged by policymakers at all levels. The departure point for this book is the authors belief in the need for a systematic analysis of the incentive structures facing key players in the courts and litigation process. They focus not only on structures pertaining to the common law tradition, but offer analysis of issues not normally found in the North-American literature, such as the Latin notary and the selection and values of judges in civil law systems. They further propose an ample list of considerations for a reform agenda. Offering a comprehensive look at the incentives facing many key players in the administration of justice, this book should be of great interest to law and economics scholars, civil law professors, legal reformers, international development institutions and law students mindful of the need to improve the functioning of courts.
Lawyers Courts And Professionalism
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Author : Rudolph J. Gerber
language : en
Publisher: Praeger
Release Date : 1989-04-26
Lawyers Courts And Professionalism written by Rudolph J. Gerber and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989-04-26 with Law categories.
Lack of access of the poor and middle class to civil courts, suits that benefit only lawyers, litigation tactics devoted to victory rather than truth or justice, and inefficient courts are some of the issues addressed by Judge Gerber in his outspoken critical appraisal of America's legal profession and judiciary. The author suggests practical--and in some cases radical--remedies needed to make the system responsive to the public and to give substance to the ideal of equal justice for all. Gerber's criticisms of the legal profession today are far-reaching, and the self-reflection in which he asks us to engage is difficult, even uncomfortable. But it is a necessary step in the continuing efforts we all must make to ensure that our profession upholds the highest ideals of professional responsibility. Sandra Day O'Connor, Supreme Court of the United States Lack of access of the poor and middle class to civil courts, suits that benefit only lawyers, litigation tactics devoted to victory rather than truth or justice, and inefficient courts are some of the issues addressed by Judge Gerber in his outspoken critical appraisal of America's legal profession and judiciary. The author suggests practical--and in some cases radical--remedies needed to make the system responsive to the public and to give substance to the ideal of equal justice for all. Following an introductory overview of the troubled condition of our legal system, Judge Gerber considers the narrow process by which future lawyers are selected and the financial motivations that commonly inspire them to study law. He next takes a hard look at legal education, noting that the litigation model now in vogue inculcates a mentality of combat and downgrades peacemaking and negotiating skills. In a discussion of bar exams, Judge Gerber points out that these tests measure neither ethics nor competency and fail to provide for specialty licensing, for which he recommends periodic reexamination and peer review. Commenting on the complexity, confusion, delays, and extortionate costs that prevent equal access to justice, the author offers specific suggestions for streamlining court procedures and revamping the court system by managerial and procedural changes. He examines ethical abuse by courtroom litigators, contending that periodic ethical review and specialized training are needed to insure that justice is served. Concluding with a critical analysis of major competing jurisprudential theories, Judge Gerber argues that a return to natural law ideals is needed to reinspire lawyers and judges with a philosophical sense of the foundations of justice. This important new work is particularly relevant for legal educators and professionals and for courses dealing with the legal profession, legal ethics, the judiciary, and the court system.