The Archives

The collection of all scholarly commentary on law, economics, and more

Showing archive for:  “Legal Profession & Scholarship”

The NYT on why law school is expensive

It’s Sunday so the NYT has another David Segal screed on legal education.  This time he presents the insight that law school is expensive because of accreditation standards that prevent law schools from containing costs even if they wanted to.  Segal says, “[t]he lack of affordable law school options, scholars say, helps explain why so ... The NYT on why law school is expensive

The global threat to U.S. law

A lot of ink has been spilled about the technology threat to traditional law practice. But U.S. law firms need also to worry about lawyers elsewhere in the world.  The WSJ reports that Beijing-based King & Wood is planning to join with Australian firm Mallesons Stephen Jaques to form Hong Kong-based verein King & Wood ... The global threat to U.S. law

Fish on law teaching

Stanley Fish opines on the NYT’s recent criticisms of legal education (HT Leiter): The expert practitioner is expert in part because when he listens to a client or walks into a courtroom the field of action is already configured for him by an internalized understanding of what could possibly be at stake in proceedings like ... Fish on law teaching

Are partners employees under the discrimination laws?

The WSJ Law Blog reports that New York Supreme Court Justice Marcy Friedman held that a former Holland & Knight partner wasn’t an employee under city and state anti-discrimination laws and therefore wasn’t entitled to age discrimination protection for his expulsion at age 55.  Per the Law Blog’s summary, the ex-“partner” argued that he was ... Are partners employees under the discrimination laws?

Hot off the press: Law’s Information Revolution

You’ve seen the blog posts (e.g., here) and the working paper.  Now you can get the published article here.  Let me know if you want a reprint.

Delawyering the Corporation

My paper from Wisconsin’s in-house counsel symposium (symposium discussed here, paper previewed here) is now available on SSRN. The paper is Delawyering the Corporation.  Here’s the abstract: This article shows how in-house lawyers’ role has evolved to address the high cost of legal services and the traditional information asymmetry between lawyers and clients. The first ... Delawyering the Corporation

Big Law as LPO reseller

Yesterday’s Law Blog notes a Fronterion report that legal outsourcers are facing more competition from “insourcers” setting up centers inside the U.S. The reasons include rising wages in India and falling wages in the U.S. and the U.K. so   The glut of new law school graduates in 2012 will likely put offshore legal services ... Big Law as LPO reseller

Vote for Truth on the Market in the ABA Journal Blawg 100

Editors of the ABA Journal recently selected Truth on the Market as one of the top 100 law blogs. Blogs dedicated to law have proliferated in the last few years and of the 3,500 entries in their directory, the ABA Journal placed Truth on the Market among the top six dedicated to business law. Congratulations are in order ... Vote for Truth on the Market in the ABA Journal Blawg 100

The ABA creeps sideways on non-lawyer ownership

The ABA is considering loosening the bar on non-lawyer ownership of law firms (HT Law Blog).  Here’s the discussion paper. For those who are thinking that this move is meaningful, forget about it.  The ABA proposal (which would still have to be approved by the ABA and then by individual states) would permit non-lawyer ownership ... The ABA creeps sideways on non-lawyer ownership

Lawyers as responsible business advisors

Katherine Franke argues that lawyers are partly responsible for the financial misdeeds protested by OWS (HT Leiter): Implicit in the OWS protests is a condemnation of an approach to lawyering that regards all legal rules simply as the price of misconduct discounted by the probability of enforcement* * * In recent years we have seen ... Lawyers as responsible business advisors

The NYT on legal education again

Last week the NYT’s David Segal attacked modern legal education in what many bloggers have criticized as an overwrought and inaccurate article. I joined the chorus. Referring to my article Practicing Theory, I noted that Segal had made the often-repeated mistake of blaming legal educators for teaching too much theory and not enough practice when ... The NYT on legal education again

Law professors, amicus briefs and blogging

Richard Fallon thinks that when law professors try to influence public debate, as when they sign amicus briefs, they should know what they’re talking about.  Here’s the abstract: With ever mounting frequency, law professors flood the courts with “scholars’ briefs,” in which they advise judges and Supreme Court Justices on how to resolve disputed issues ... Law professors, amicus briefs and blogging