Legal Profession Research Articles

Women’s Development in China’s Legal Profession Under Gender Stereotypes

Women’s Development in China’s Legal Profession Under Gender Stereotypes

Rankings without U.S. News: A revealed preference approach to evaluating law schools

AbstractSince their inception in 1989, the U.S. News & World Report law school rankings have influenced how schools, students, and the legal profession itself think about legal education. In the Fall of 2022, however, several of the most selective law schools formally withdrew from the annual rankings. In so doing, these schools laid bare longstanding criticisms of the rankings' questionable criteria and opaque methodology. While the long‐term effect of this boycott remains to be seen, school rankings are likely here to stay. In this Article we design a more informative approach to rankings, based on actual decisions students make. Using individual‐level data provided by the Law School Admissions Council (LSAC), we analyze the universe of applicants to U.S. law schools for the period 1988 through 2017. In so doing, we are the first to create a revealed preference ranking based solely on where applicants matriculate given offers of admission. Our approach relies neither on potentially faulty data collection from schools nor arbitrary decisions about which factors to emphasize in rankings, thereby minimizing the scope for manipulation. It also allows us to quantify the magnitude of differences in preferences among schools and to test their statistical significance. Matriculants reveal a strong preference for a handful of the most selective schools; outside of the top tier, however, matriculants do not appear to draw meaningful distinctions between schools ranked adjacently or even near to each other. While existing school rankings sow more confusion than clarity, our analysis provides a rigorous and transparent alternative, and a blueprint for redesigning school rankings.

Legal Education for Non-Lawyers as ‘Legal First Aid’: A Participatory Inquiry into Law for Social Work Students

The article documents the experience of the authors in creating and re-calibrating a compulsory legal module within a Bachelor of Social Work degree as a course in ‘legal first aid’. The article explores the pedagogical approach the authors developed, which is based on continually explaining to students the reason for studying law in a way that is tailored to skills they can use in their practical placements and profession. For social work students, the ‘legal first aid’ approach enabled them to develop confidence and skills in triaging the seriousness of particular situations, understanding what they can do in the short term, and knowing how and when to usefully engage with legal professionals. The article also illustrates the value of a participatory inquiry method when refining course aims and approaches. The article details the participatory inquiry undertaken by the students and teachers with the aim of improving future iterations of the course. The rich insights that can be obtained from a participatory inquiry method offered much more robust insights than mainstream course evaluation methods, providing clear direction for future course refinements. These insights may be useful to course coordinators of other programs who are wishing to design or redesign course content.

Platform for Legal Service Providers using AI

This paper explores the emergence and importance of systems for criminal carrier providers, which act as digital bridges connecting customers with legal professionals in an increasingly virtual world. By leveraging technology, those systems provide streamlined entry to criminal expertise, improving performance and accessibility for people and agencies alike

Smart contracts, the legal profession and COVID‐19: Highlighting the need to embrace technology

AbstractIt has been claimed that technology would replace the legal profession with artificial intelligence and codification of documents replacing the twenty‐first century lawyer. With this premise in mind, this paper discusses smart legal contract formation in the context of Australian contract law, the perceived replacement of lawyers through blockchain technology and how the COVID‐19 pandemic has set the trajectory for smart legal contract convention. We consider whether the legal profession can ever truly be replaced by technological advances and whether COVID‐19 has pivoted the way the legal profession performs business transactions towards modernisation. Although prior literature has considered how the legal profession may benefit from increased technology use, the expected timeframe for occurrence was dependant on a strong reluctance by the profession to change the status quo. Analysis of the impact of COVID‐19 on the legal profession including the execution of legal documents, provides insight into areas for improvement going forward and whether a regulatory overhaul is required. This research shows that, although there are a number of advantages to the implementation of smart legal contracts using blockchain technology, there still remains numerous implementation and regulatory concerns that need resolution if smart legal contracts are to be widely used.

Providers' experiences collaborating with child welfare workers: The good, the bad, and the impacts

BackgroundSuccessful interprofessional collaborations have been identified as a potential solution to mitigate problems associated with negative outcomes for clients involved with the child welfare system. The barriers to collaborative relationships need to be better understood and effectively addressed. ObjectiveTo understand the characteristics, barriers, and facilitators of collaborations between different types of providers and child welfare workers, as well as their impacts. Participants and settingMental health professionals, foster and kinship parents, legal professionals, and other providers responded to an online survey distributed in a Northeastern State of the United States of America. MethodParticipants (n = 208) completed the Quality of Collaboration with Child Welfare survey. Qualitative responses were analyzed by three coders using three levels of axial coding with constant comparison. ResultsParticipants identified different aspects of communication, relationships, and follow-through as key elements of successful collaborations, as well as the items most likely to interfere with their formation. Providers differed somewhat in how concerned they were with various aspects of collaborations in accordance with their professional roles. Barriers to successful collaborations included both individual and systemic factors which often resulted in negative outcomes. Overall, more negative experiences were offered than positive ones. ConclusionsStrategies are needed to improve communication, promote positive relationships, and address systemic barriers to enhance collaboration and, in turn, improve outcomes for child welfare-involved clients.

LEGAL FRAMEWORKS FOR FACING ENVIRONMENTAL POLLUTION CRIMES: A COMPARATIVE STUDY OF JORDANIAN LEGISLATION AND INTERNATIONAL AGREEMENTS

Objectives: The objective of this study is to conduct a comprehensive analysis of legal frameworks, both domestically and internationally, concerning environmental pollution. By examining these frameworks, the study aims to understand how they address the multifaceted problem of environmental pollution and identify potential solutions. This research holds significance in the context of increasing environmental degradation worldwide.
 
 Methods: To achieve the stated objective, this study employs a multidisciplinary approach. It involves a thorough review and analysis of domestic legislation related to environmental protection in various jurisdictions. Additionally, international treaties, agreements, and conventions addressing environmental pollution are examined. Furthermore, scholarly literature and legal documents pertaining to environmental law and policy are reviewed to provide a comprehensive understanding of the subject matter.
 
 Results: The findings from this research provide valuable insights into the strengths and weaknesses of existing legal frameworks for addressing environmental pollution. Analysis of domestic legislation reveals variations in approaches to environmental protection across different jurisdictions. Similarly, examination of international agreements highlights the importance of cooperation and coordination in addressing transboundary environmental issues. The discussion of findings will address the practical implications for policymakers, legal professionals, and environmental organizations, with a focus on identifying strategies to strengthen legal mechanisms for combating environmental pollution.
 
 Conclusion: In conclusion, this study underscores the critical role of legal frameworks in addressing environmental pollution at both domestic and international levels. By providing a comprehensive analysis of existing legal mechanisms, this research contributes to broader efforts aimed at mitigating environmental degradation and promoting sustainable development. Moving forward, it is essential for policymakers, legal professionals, and stakeholders to collaborate effectively to strengthen and enforce environmental laws, ensuring the protection of ecological systems, public health, and social well-being.

Teaching and learning rural governance in law schools: an account of an experiment with clinical legal education

ABSTRACT Clinical legal education (CLE) strives to develop competent and socially relevant legal professionals who can render legal services to the masses. Clinics are largely known to focus on the needs of individual clients as opposed to imparting community legal education. However, a growing body of literature suggests that clinics must focus more on social justice lawyering. This article aims at contributing to this emerging body of work. The Rural Governance, Justice, and Citizen Participation clinic elective course (course) has been taught at the O.P. Jindal Global University by the lead author of this article since 2010. The co-author of this article was a student in the inaugural batch of the course. The course aims at familiarising students with the growing “disconnect” between the promise and reality of law. The authors recommend that the guarantee of “equal access to justice” can be achieved as follows: (i) law schools must offer clinical courses focused on rural communities; (ii) the Bar Council of India must introduce clinical courses that focus on the legal needs of rural communities; and (iii) law schools must adopt a “good practices” framework for teaching community-centric clinical courses to empower rural communities.

LEGISLATIVE INDUSTRY CHALLENGES IN CONFRONTING ARTIFICIAL INTELLIGENCE CRIMES

Objectives: The objective of this scientific paper is to shed light on the challenges facing the legislative industry in the field of artificial intelligence (AI) technologies. Specifically, it aims to anticipate and predict the difficulties related to creating an independent legal personality for AI tools, enabling them to assume rights and obligations, as well as establishing criminal responsibility and punishment in cases where AI technologies commit crimes punishable by law.
 
 Methods: To achieve the stated objectives, this paper employs a theoretical and analytical approach. It involves a comprehensive review and analysis of existing literature, legal frameworks, and case studies related to the legal implications of AI technologies. Additionally, hypothetical scenarios and potential challenges are discussed to illustrate the complexities involved in creating legal frameworks that address the unique nature of AI tools and their impact on society.
 
 Results: The analysis reveals several key challenges facing the legislative industry in the field of AI technologies. These challenges include the conceptualization of an independent legal personality for AI tools, determining the rights and obligations associated with such personality, and establishing mechanisms for holding AI technologies accountable for their actions. Furthermore, the paper explores the difficulties in imposing criminal responsibility and punishment on AI technologies in cases where they commit crimes.
 
 Conclusion: In conclusion, this scientific paper highlights the complexities and challenges associated with creating legal frameworks for AI technologies. By anticipating and predicting these challenges, it provides valuable insights for legislators, policymakers, and legal professionals involved in shaping the regulatory landscape for AI. Moving forward, it is essential to address these challenges proactively and develop legal frameworks that strike a balance between promoting innovation and safeguarding societal interests in the era of artificial intelligence.

Stigma Associated with Mental Illness: Perspectives of Judges and Lawyers in Lebanon

IntroductionLegal professionals frequently encounter forensic mental health issues in the criminal justice system. These issues can significantly impact the outcome of cases, making it essential to understand the attitudes and perceptions of these experts towards mental illness. Despite a high number of individuals with mental illness in prisons, the availability of forensic mental health services is limited. While prior research has shown widespread stigma towards mental illness, there hasn’t been a study assessing the attitudes of judges and lawyers.ObjectivesThis study aims to investigate the stigma related to mental health among Lebanese legal professionals.MethodsAn online questionnaire was sent to judges and lawyers practicing in Lebanon. The survey included a section on demographics and personal data with the following scales: Reported and intended behavior scale (RIBS) which measures mental health stigma–related behavior and Perceived devaluation and discrimination scale (PDD) measuring the extent to which a person believes that most people will devalue or discriminate against someone with a mental illness.Results A total of 215 participants, with a mean age of 38.69 and a mean 13.16 years of experience, completed the questionnaire. Most were female (62.8%) and worked as civil attorneys (47.4%). Only a minority received instruction on mental health or mental health law during training (10.7% and 8.8%). About a quarter believed their education on mental health issues was sufficient (27%). Participants with positive attitudes (RIBS) were more likely to have a family member with a mental illness (p value = .001), feel comfortable handling cases involving mental health (p value = .001), and have lived with someone with a mental illness (p value = .007). Feeling adequately educated about mental health issues was associated with lower perceived stigma (PDDS, p value = .021). No significant associations with stigma scores were found for factors like age, gender, occupation, years of experience, contact with a mental health professional, taking psychotropic medications, disclosing personal mental health issues to friends or co-workers, receiving education on mental illness or mental health law, or working with individuals with mental health issues.ConclusionsThe findings imply that enhancing mental health education and awareness within the legal profession could be a key strategy to reduce stigma and improve the overall treatment of individuals with mental health issues within the criminal justice system in Lebanon.Disclosure of InterestNone Declared

Screening and identification of fetal alcohol spectrum disorder in criminal legal settings: A realist review.

Screening for fetal alcohol spectrum disorder (FASD) has been identified as a promising approach to improve recognition, understanding and effective response to the unique needs of those with FASD in criminal legal settings. However, to date, there has been limited synthesis of relevant screening tools, indicators, or implementation considerations in this context. The present review aimed to synthesise evidence and develop a conceptual framework for understanding how, when, why, for whom and by whom FASD screening tools, items and/or indicators and characteristics serve to accurately identify people with FASD in criminal legal contexts, with consideration of individual and system needs relevant to effective implementation and response. A preregistered search was conducted using a modified realist review framework for both peer-reviewed articles and grey literature. Included sources were available in English, which focused on individuals with prenatal alcohol exposure and/or FASD with criminal legal involvement and offered new empirical evidence. Sources were reviewed using the Quality Control Tool for Screening Titles and Abstracts by Second Reviewer framework, extracted using a structured coding form and narratively synthesised. The search yielded 52 sources, 11 FASD screening tools designed for or applied in criminal legal settings and 38 potential FASD indicators or characteristics relevant to identifying people who may have FASD in criminal legal settings, organised into six conceptually related domains. There was limited evidence supporting the psychometric properties of screening tools across populations or settings, though growing evidence highlights the promise of some instruments. Although few studies characterised potential considerations to be made when implementing a screening tool or approach, both system and individual level needs related to recognising and effectively responding to FASD in criminal legal contexts were identified, and findings revealed strong support among legal and clinical professionals regarding the need for FASD screening in these settings. Findings of this review can be used to inform the development, selection, implementation and evaluation of FASD screening tools in criminal legal settings and underscore a continued need for enhanced resources, policy and cross-sectoral response to better support the needs of people with FASD in the criminal legal contexts.

Teaching for the future: restorative legal professionals require a restorative education

Teaching for the future: restorative legal professionals require a restorative education

Application of artificial intelligence in motivating court decisions in criminal proceedings: international experience and prospects for Ukraine

The article is devoted to the study of the opportunities and challenges of using artificial intelligence in criminal proceedings, namely, in the course of reasoning court decisions. The use of specialized knowledge by a judge is an important aspect in this process, especially in the context of analyzin gevidence and its legal assessment. The use of artificial intelligence in this area can be an important innovation to improve the quality of court decisions and ensure greater objectivity in justice. Artificial intelligence technologies are developing rapidly, and their potential application in criminal proceedings has become a subject of deep interest among both the scientific community and legal professionals. Based on the analysis of artificial intelligence systems, which are already used in judicial proceedings (the HART system in the United Kingdom, the Bail Assistant program in Australia, the Supreme Court Portal for Promoting Court Efficiency (SUPACE) in India, artificial intelligence systems in Brazil, Saudi Arabia, and the United Arab Emirates), the author has established that the use of artificial intelligence provides a number of useful tools and advantages in evaluating evidence and reasoning a court decision. Thus, it has been determined that the analysis of large amounts of data can help identify patterns and trends in law enforcement, and certain software can influence the prediction of risks and the identification of effective strategies for responding to them. In addition, the author identifies a number of serious challenges and risks, associated with the use of artificial intelligence technologies in criminal proceedings: protection of personal data, transparency and clarity of artificial intelligence algorithms, etc. According to the study, it is established that the use of artificial intelligence in the process of reasoning court decisions is possible subject to the development and implementation of effective legal mechanisms, which will allow coordinating and regulating this process. Also, the implementation of relevant changes to the criminal justice system of Ukraine should be carried out with a balanced and scientifically sound approach that allows weighing the potential risks and benefits and developing recommendations for the proper practical and ethical use of artificial intelligence technologies

The Racial Justice Dilemma: Examining the Enforcement of Capital Punishment in Contemporary Legal Systems

This research aims to discuss the dilemma of racial justice that arises in the enforcement of capital punishment in various contemporary legal systems. Although legal principles mandate justice and equality before the law, the enforcement of capital punishment often reflects glaring racial imbalance. This study analyzes the factors causing racial disparities in the application of capital punishment, as well as its impact on public trust in the legal system. The research also investigates various reform efforts that have been proposed or implemented to address the issue of racial justice in the enforcement of capital punishment. Referring to various reports, studies, and official sources from Indonesia, it can be concluded that urgent reforms are needed to address this dilemma. Measures such as racial awareness training for legal professionals, increased access to legal aid, and a review of law enforcement policies are key to improving racial justice and rebuilding public trust in the justice system. Thus, this analysis not only provides a deeper understanding of racial justice issues in the context of capital punishment in Indonesia but also highlights the efforts needed to create a fairer, more inclusive legal system respected by all members of society.

Artificial Intelligence and Machine Learning in Legal Research: A Comprehensive Analysis

This paper conducts a thorough investigation into the profound ramifications of Artificial Intelligence (AI) and Machine Learning (ML) on legal proceedings and the justice system. It assesses how these technologies are reshaping existing legal structures and principles by fundamentally altering judicial practices. Looking ahead, the paper anticipates a promising trajectory for AI and ML in legal research, elucidating their developmental pathways and introducing novel areas of inquiry. It emphasizes the necessity of an interdisciplinary approach, advocating for collaboration between legal professionals, data scientists, and ethicists to effectively address the ethical and practical challenges inherent in the integration of AI with the law. This synergy is deemed essential for navigating the complexities of ethics and practice that arise from the intersection of AI and the legal domain. Moreover, the research underscores the pivotal roles played by AI, ML, and related technologies, asserting that they transcend mere instrumental functions to become catalysts for comprehensive transformations in legal research methodologies. By embracing these technologies, the legal field stands on the brink of a substantial transformation, heralding the end of traditional practices and the dawn of a new era characterized by digital-age legal research paradigms.

Bridging the Gap: The Transformative Role of Technology in Enhancing Access to Justice in Pakistan

In the diverse landscape of Pakistan's legal framework, this article explores the transformative impact of technology, notably Artificial Intelligence (AI) and Blockchain, in revolutionizing access to justice. Through real-world stories of individuals like Tayyab, Anees, and Shazib, we witness how technology has become a catalyst for change, making justice more accessible, efficient, and transparent. The ongoing efforts in digital literacy initiatives and infrastructure development are pivotal in overcoming challenges such as geographical barriers and ensuring that the benefits of technology are widespread. While navigating these challenges, the potential for further advancements shines brightly, promising a future where AI assists legal professionals, secure digital platforms expand, and legal technology regulations evolve for a more inclusive legal system. This exploration concludes with the vision of a digital dawn for justice in Pakistan. The fusion of human intellect with AI assistance, the expansion of secure digital platforms, and the continuous refinement of legal technology regulations collectively pave the way for a legal community that transcends boundaries, where justice is not a privilege but a universal right. Together, we embark on a journey where technology becomes a bridge to justice, dismantling barriers and shaping a legal system that is more accessible, transparent, and inclusive for every Pakistani citizen.

The Legal Industry of the Future and Teaching English to Law Students

In many countries of the world, the legal industry is undergoing profound transformations. The changes concern the way lawyers design their products and deliver services to clients. The providers of legal services have to respond to the «more for less» challenge.The article deals with the impact of technology on the legal profession. Analysing the present-day trends on the market, the forecasts made by legal scholars and law practitioners, the author describes the law firm of the future. Based on the study of the set of skills required of lawyers today, the author gives recommendations on how to prepare law-students to work in a constantly changing environment.

Dreaming of a Jewish Democracy: Sammy Gronemann as High Judge and Chief Architect of the Pre-State Zionist Judiciary (1911–1946)

Abstract This article explores the history of the pre-state Zionist judiciary, focusing on Sammy Gronemann’s instrumental role as its high judge and chief architect from 1911 to 1946. In doing so, it addresses a significant gap in existing research. Despite extensive attention that has been paid to his contributions to German and Hebrew literature, Gronemann’s legal profession and judicial endeavors within the World Zionist Organization (WZO) have been largely overlooked in academic discourse. To provide context and illuminate Gronemann’s influential role, the first section of this article offers a concise historical account of the pre-state Zionist judiciary’s genesis. The second section delves into Gronemann’s disillusionment and suppressed critique of the WZO’s democratization initiatives. This is evident in his private writings, including a hitherto unknown letter correspondence with Theodor Heuss, the first president of West Germany. The exploration undertaken unveils the moral authority of Gronemann as representative of the institutionalized Zionist conscience, a role he embodied as the chief judge and architect of the Zionist pre-state judiciary.

RETURNING TO THE SCIENTIFIC PUBLICATION OF THE CANDIDATE OF LEGAL SCIENCES, PROFESSOR ZH. TLEMBAYEVA «SOME APPROACHES TO THE LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE»

This article analyzes the article by Candidate of Legal Sciences, Professor Zh. Tlembayeva «Some approaches to the legal regulation of artificial intelligence», which was published in the scientific and legal journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan» No. 2 (65)-2021. In modern society, issues of legal regulation of artificial intelligence are becoming an integral part of the discussion on technology development. This topic represents a current and complex challenge that requires an in-depth analysis of various approaches to the formation of legal norms and standards in the field of artificial intelligence. The article analyzes the definition of the concept of «artificial intelligence», the definition of the concept of «artificial robot» established in the Law of the Republic of Kazakhstan «On Informatization». The author concluded that when developing a definition of this concept, one should take into account the types of artificial intelligence systems, the peculiarities of the use of artificial intelligence technologies in each specific area, as well as the different levels of application of technologies and the characteristics of the legal system of the state. The article discusses examples from different countries and organizations, international acts on issues related to the regulation of artificial intelligence. The author of the article notes that currently the use of artificial intelligence is practically not provided with a proper international basis. Zh. Tlembayeva points out the importance of a gradual and adaptive approach to the legal regulation of artificial intelligence, ensuring a balance between stimulating innovation and protecting the interests of society, as well as the flexibility of laws to adapt to the rapid development of technologies in this area. The article provides valuable research for legal, technology, and public policy professionals concerned with the implementation of artificial intelligence.

Początki procesu wyodrębniania się zawodu radcy prawnego w pierwszej dekadzie Polski Ludowej

The roots of the attorney-at-law profession are seen in the 16th-century professions of syndicates and instigators. The attorney-at-law posts appeared in Poland in the 19th century. These posts were occupied mainly by advocates. Attorney-at-law, as a new legal profession, began to separate from the advocacy after World War II, during the period of the Polish People’s Republic. It was facilitated by the introduced model of a centrally controlled socialized economy. The process of separating the attorney-at-law profession was long. The full legal separation took place in the 1980s. However, the phenomenon of the professional distinctiveness and identity of attorneys-at-law emerged in the 1950s. The article focuses on the beginnings of the process of separating the attorney-at-law profession and indicates the key factors that led to this.