Role Of Lawyers Research Articles

National Security Policymaking in the Shadow of International Law

Scholars have long debated whether and how international law impacts governmental behavior, even in the absence of coercive sanction. But this literature does not sufficiently address the possible impact of international law in the area of national security policymaking. Yet, policies that the executive branch purports to adopt as a wholly discretionary matter may still be heavily influenced by international legal norms, regardless of whether or not those norms are formally recognized as legally binding. And those policies can be surprisingly resilient, even in subsequent administrations. Moreover, because they are only seen as discretionary policies, they may be more easily adopted than formal legal interpretations. For all of these reasons, the impact of international law on national security policymaking is a crucial unexplored area in the debate about the efficacy of international law. This Article describes how the norms and values embedded in international human rights law can sometimes be adopted, if not as a matter of formal law at the international level, then as a matter of official policy and practice. In addition, it surveys the advantages and disadvantages of such an approach, using two different Obama administration counterterrorism policies and Trump administration successor policies as case studies. Ultimately, I argue that the emergence and persistence of such policies is evidence of international law’s constraining impact. International law, it turns out, casts a long shadow as its paradigms get translated into policy. I also analyze the attributes of these policies, including their “legalistic” character and the consequences of creating policies of this type. This analysis suggests that importing international law paradigms into national security policymaking can be a pragmatic and effective alternative to formal international lawmaking, though it also may side-step the process of creating robust new international law rules. Therefore, it is a practice that executive branch officials from the United States and other countries, human rights organizations, and administrative, constitutional, and international law scholars should at least consider, while weighing both the pros and cons. In addition, the stickiness of such policymaking, even across administrations, illustrates the importance of institutional path dependence, the role of lawyers, the constraint of interoperability with key U.S. allies in multilateral military actions, and the way norms get embedded in government organizations.

Legal Lobbying: The Evolving (But Hidden) Role of Lawyers and Law Firms in the EU Public Affairs Market

AbstractThere is an increasing involvement of lawyers and law firms in public affairs through activities that are aimed at influencing legislative and regulatory developments. Law firms offer services which can be regarded as lobbying, and yet, to the detriment of transparent policy-making, they are reluctant to register in the European Union Transparency Register (EUTR) and provide information about their activities. As growing attention is paid to the need to regulate lobbying at the EU and Member State levels, the question arises as to whether and to what extent such regulatory framework should also cover certain services provided by law firms, that is, legal lobbying. This Article charts the phenomenon of legal lobbying and its regulation in the EU context. It shows how the EUTR attempts to distinguish between legal services and lobbying by defining two lawyer roles: a legal expert, and an advocate. These roles allow the possibility to pinpoint two unresolved issues associated with legal lobbying: the scope of professional secrecy, and the meaning of the legal advice exception. An important conclusion is that regulatory clarification is necessary to resolve ambiguities and broadly address the implications that legal lobbying raises in terms of transparent and legitimate law-making processes.

The Path of a Lawyer in the Time of Changes

For the first time in the scientific literature, the stages of formation and the role of lawyers as custodians of civilization and the highest values of law at different stages of state and legal development are analyzed. Particular attention is paid to the content of the era of changes, coming at the turn of the last two millennia. In search of an answer to the question of what consequences can cause the era of changes, the author studies the teachings of Hegel, Confucius, Plato, Aristotle, Polybio on the cycles of state and legal development; establishes the factors identifying the first sunrise of the state and law in the Promised Land and the role of judges played in their formation. The author studies the process of formation of law schools in ancient Rome, in Baghdad and Cordoba caliphates, in India, Italy, France, England, some other countries in Western Europe; identifies the features of the development and the tasks of schools of law in the USA, Germany, Russia in the 19th – early 20th centuriesy; points out the tasks of the lawyers in the 21st century in preventing the degradation and decay of the existing forms of state and law.

The Loyal Defense Lawyer

The work of defense lawyers entails managing emotions to ensure that they remain appropriate to the situation – whether that be a criminal trial or the law offices. This demands emotional dexterity and interactional skill, not least due to the particular role of defense lawyers who work closely with clients, view gruesome evidence and who often face moral suspicion. This chapter explores the various emotions at play in defense lawyers’ role accomplishment, with particular focus on how they perform the guiding principle for their legal position, namely loyalty. All of this is made more challenging for defense lawyers as they must ensure that their performances remain suitable to the invisible regime of law which attempts to sustain an illusionary dichotomy between rationality and professionalism on the one hand, and emotionality on the other. In this chapter the ways in which defense lawyers in Sweden manage their emotions to loyally represent their clients are therefore shown by presenting interview material from lawyers and ethnographic fieldnotes from criminal trials.

Chapter 5. Specific role of lawyers and the legal perspective in the development of Integrative Bioethics in Croatia.

Athough, first forms of legal provisions concerning medical research in Croatia (ex Yugoslavia) came into force during 1970s (regulating work of "commissions for drugs"), more vivid presence and impact of law within bioethics can be traced in the 1990s. Beside the new Law on Health Protection (1997) - articles 51 and 52 requiring the establishment of ethics committees and regulating the framework of their duties, the introduction and the success of the law occured as a consequence of political changes and international opening, influencing education, research, health and social policies. Later progression of the legal discipline within bioethics can be noticed not only with respect to the work of prominent legal experts, but also the main tide of Croatian bioethics, particularly the Integrative Bioethics of Ante Čović.The aim of this paper is to detect the main representatives of legal perspective and discipline within modern bioethical trends in Croatia, as well as to clarify some of the many intriguing mutal influences.

Growing Number of Leadership Programs and Courses Supports Professional Identity Formation

Through service and leadership, lawyers influence people and impact organizations and communities. Law students need to be aware of their opportunity for influence as part of their professional identity and they need to be prepared for the obligations of service that accompany the privilege of acquiring a law degree. The number of law schools with leadership development courses and programs has grown rapidly over the last ten years to: encourage law students to embrace their obligation to serve clients and society; better equip law students for positions of leadership and influence (including building relationships with clients); and inspire them to boldly seek opportunities to be difference-makers in their communities and the world. The movement to increase the development of lawyers’ professional identity also has grown during that time and will continue to advance with the proposed revisions to ABA Standard 303. The author discusses the important role of lawyers as leaders in society, examines the growth of the leadership-development movement, and offers thoughts about its relationship with the professional-identity movement. The author advocates that both professional identity and leadership development complement professional responsibility efforts and are essential to the education and training of modern law students.

The Role Of Attorney Associates Is Changing Due To AI In The Law

The Role Of Attorney Associates Is Changing Due To AI In The Law

Role And Importance Of Advocacy In Legal Support Of Business Entities

The article considers the role of attorneys in assisting business development and their importance in legal protection of entrepreneurs. The author emphasizes a set of features of advocacy and advantages of attorney over in-staff lawyer of an enterprise

Imagine the role of law and lawyers in the European integration

Imagine the role of law and lawyers in the European integration

'You That Build the Death Planes': Bob Dylan, War and International Affairs

Several years ago, I wrote that Bob Dylan was “a scholar with a well-developed jurisprudence on a range of topics including civil, criminal, public, and private law” (Perlin, 2011, p.1396). In that article, I discussed and analyzed Dylan songs that dealt with, variously, civil rights, inequality in the criminal and civil justice systems, institutions, governmental/judicial corruption, equality and emancipation, and the role of lawyers in the legal process. (Id.). But I noted that I was omitting – for space considerations – any discussion of Dylan songs dealing with war and international affairs (Id., p. 1398, n. 15). In this paper, I will address some of those songs that confront these topics directly (from John Brown, Highway 61, Masters of War, With God on Our Side, and Let Me Die in My Footsteps, to Slow Train and Neighborhood Bully), as well as others that do so more metaphorically or symbolically (e.g., It’s Alright, Ma (I'm Only Bleeding); A Hard Rain's A-Gonna Fall; Gates of Eden; Pay in Blood). I will conclude that, beyond the anthemic anti-war core of songs such as Masters, Dylan’s work reflects a keen understanding of geopolitics – why there is war, how profiteering is inevitably part of any pro-war movement, how alliances forged in war time are fragile in the aftermath, and how wars are, inevitably, “mistakes of a past history” (Footsteps) – all a reflection of the Political World in which we live. I also look at these issues through the lens of therapeutic jurisprudence, a model of looking at the law and the legal system to determine that system’s impact on the individuals whose lives are regulated.

Herstelrecht op het terrein van verkeersongevallen.

Those involved in a motor vehicle accident often have emotional needs that are not being met within the current framework of personal injury settlement. These needs include sharing one’s (side of the) story, getting in touch with the other person(s) involved and offering or receiving apologies. Following Nils Christie’s theory of ‘stolen’ conflicts, the fact that the people involved are often represented by lawyers or insurance companies is problematic because it alienates them from each other and it thwarts proper recovery. Incorporating restorative justice could offer a solution to this ‘theft’ of conflict, as it focuses on bringing all involved together to restore any of the harm done by concentrating on their needs. The central question to this dissertation is: how can restorative justice play a role in the sustainable resolution of conflicts after motor vehicle accidents so that the current insurance and liability system can better meet the immaterial needs of victims and perpetrators? Via several projects, the role of lawyers and insurance companies is studied. How beneficial or adversarial are their influences on victims and offenders? And can they incorporate restorative justice in their practice? The first publication is expected at the end of this year.

Considerações sobre a ética do advogado e a boa-fé no processo trabalhista, sob a perspectiva da Lei nº 13.467/17

O presente trabalho discute os efeitos da Lei 13.467/17 no âmbito do processo do trabalho e a influência das alterações por ela incorporadas, na litigância. Parte-se do pressuposto de que o ajuizamento de lides temerárias na justiça do trabalho foi um dos principais aspectos que refletiu na reformulação do processo do trabalho. Discute a função do advogado, nesse novo cenário, e seu importante papel na mitigação dos riscos processuais e no alcance do melhor resultado útil, tendo por base os princípios éticos estabelecidos pelo Código de Ética e Disciplina da Ordem dos Advogados do Brasil - OAB. Para tanto, apresenta a necessidade de uma adequação de condutas por parte dos advogados, a fim de resguardar direitos trabalhistas, evitar maiores perdas para o trabalhador e favorecer o bom andamento da justiça. O estudo foi realizado com base em abordagem qualitativa, fundada em pesquisa bibliográfica, que se concretizou com obras contemporâneas de renomados autores da seara trabalhista, bem como, na legislação e jurisprudência associadas.

The role of lawyers in supporting young people in the criminal justice system: balancing economic survival and children’s rights

ABSTRACT Legal aid reductions have caused a crisis in the criminal justice system impacting the quality of representation and advice provided by lawyers. This paper is particularly concerned with the impact of these cuts on young people in the youth criminal justice system. The paper will examine how changes to the way in which defence lawyers are funded is having a damaging impact upon the experience of young people involved in the criminal justice system. The particular vulnerability of young people, coupled with the complexity of laws and procedures surrounding youth justice make it particularly concerning that the system is financially incentivising the provision of inadequate representation in the youth justice system. These issues will be considered in light of the standards set by the Council of Europe Guidelines on Child-Friendly Justice.

My Days of Mercy and In Between: Echoing Changes in Cinematic Representations of Women Lawyers

The booming of Law and Popular Culture has been marked by an unprecedented production and consumption of a voluminous literature examining a wide range of legal themes in movies and TV series on both sides of the Atlantic, the UK and the US. The enthusiastic proponents of the field have been focusing mainly on examining issues of justice, plot, and lead characters in the role of lawyers. Partly, this literature draws parallels between cinematic representations of lawyers and real-life lawyers. Almost indiscriminately, this work focuses mainly on a critical analysis and investigation of cinematic representations of male lawyers, rendering women lawyers’ cinematic portrayals largely unexplored on both sides of the Atlantic. Middle Eastern women lawyers’ celluloid representations are even more limited, functioning as a constant reminder of this ever-present absence. This paper seeks to address this absence by examining a relatively small sample of films from both the Anglo-American and Middle Eastern cinematic traditions. It puts forward the suggestion that despite differences characterising the relevant cinematic traditions, cinematic representations of women lawyers remain largely similar.

“But I Ain’t a Judge:” The Therapeutic Jurisprudence Implications of the Use of Nonjudicial Officers in Criminal Justice Cases

The role of nonjudicial officers occupies a hidden space in the U.S. judicial system. Statutorily sanctioned in many jurisdictions, such officers have a wide range of duties and responsibilities, including hearing certain pretrial motions in criminal cases and making decisions as to conditions of probation for sex offenders. These latter officers are frequently not lawyers, and there is significant evidence that many of the basic rudiments of the criminal trial process are often not honored. There has been virtually no consideration of this phenomenon in the scholarly literature, and absolutely no consideration from the perspective of therapeutic jurisprudence (TJ). An investigation into TJ’s basic inquiry into whether legal rules, procedures, and lawyer roles need to be reshaped suggests that TJ is not practiced in the systems under discussion here.

TRENDS:The Influence of Personalized Knowledge at the Supreme Court: How (Some) Former Law Clerks Have the Inside Track

When arguing at the U.S. Supreme Court, former High Court law clerks enjoy significant influence over their former justices. Our analysis of forty years of judicial votes reveals that an attorney who formerly clerked for a justice is 16 percent more likely to capture that justice’s vote than an otherwise identical attorney who never clerked. What is more, an attorney who formerly clerked for a justice is 14 to 16 percent more likely to capture that justice’s vote than an otherwise identical attorney who previously clerked for a different justice. Former clerk influence is substantial, targeted, and appears to come from clerks’ personalized information about their justices. These results answer an important empirical question about the role of attorneys while raising normative concerns over fairness in litigation.

An Innovative Approach to Movement Lawyering: The Immigrant Rights Case Study

The role of lawyers in social change movements is more critical than ever as communities mobilize around systemic racism, police killings, xenophobia, rising unemployment, and widening economic inequality. The immigrant rights movement is a critical part of these efforts to foment change. This Article leverages an in-depth case study – the rise and fall of the controversial immigration enforcement program known as Secure Communities - to explore how lawyers work as part of a community to challenge power and effectuate change. The dismantling of Secure Communities was widely credited to a relentless campaign to thwart the government’s then-expanding deportation strategy. The authors reviewed over 23,000 internal DHS documents, media accounts, court transcripts, and interviewed 30 administrative officials, congressional actors, organizers, clients, activists, and lawyers involved in the Secure Communities campaigns. This Article draws on extensive evidence to identify an innovative approach to movement lawyering that involved coordinated efforts of movement actors on the micro level (achieving immediate goals), the meso level (effecting broader policy change), and the macro level (organizing communities around narrative identities). The Article concludes that efforts at change were optimized when lawyers, organizers, and activists together built a nimble, adaptive, and modular strategy to enhance concerted power from the ground up. Within this new construct, lawyers can develop new ways of working with communities that synergistic-ally exploit the advantages of various social change strategies at any given time, producing strengthened relationships and lasting investments in organized resistance.

COVID-19 Epidemic: Indian Lawyers in Financial Crisis, Ignored, Depressed: In pursuit of Financial And Moral Support

This research paper aims to discuss about the background, role of lawyers in administration of justice, pre post conditions, economic crisis of Indian Lawyers during COVID-19 Epidemic. An advocate's duty is as important as that of a Judge. Advocates have a large responsibility towards the society. India ranks 68 out of 126 countries, down 3 places from last year in 2019 in “Rule of Law Index” which measures how the rule of law is experienced and perceived by the general public. The Indian Law profession is one of the largest in the world, with more than 2 million enrolled advocates Nationwide. The Nationwide lock down has brought to the fore the great disparity in the legal profession & lock down has financially damages lawyers. Lawyers in India are the most neglected and overlooked during COVID19 comparative of other professional. 70% Lawyers are almost daily wage workers who earn per appearance hearing. COVID-19 has impacted deep and triggered many social, mental and psychological issues as well. In past four months many State Bar Councils came up with circular for Conditional Financial Assistance to Advocates. On 28-05-2020 I have drafted the petition [“Seeking Financial & Moral Support of Hon’ble Supreme Court of India”: “Save the dignity of Advocates”] campaign on change.org platform and sent the petition along with more than six hundred (600) Advocate signatories, on 15-06-2020 to Hon’ble Prime Minister, Hon’ble Home Minister, Hon’ble Law Minister, Hon’ble Chief Justice of India & Companion Judges, Hon’ble Chairman, Law Commission of India, Hon’ble Chairman Bar Council of India with three key demand & payers namely: 1 - Implementation of Advocates welfare fund act, 2001 in COVID-19 pandemic is crisis: 2 - Amendment of Advocates Act 1961, Bar Council of India Rules 1975 [Rules 47 to 52 of Section VII of the Rules deals with restrictions on other employments]: 3 - Monthly Financial support, not Loan. The fundamental principle which determines the privileges and responsibilities of lawyer in relation to the court is that he is an officer to justice and a friend of the court. Lawyers status as an officer of justice does not mean he is subordinate to the judge. It only means that he is an integral part of the machinery for the administration of justice.

The role of the defense attorney in relation to biological interventions as rehabilitative strategies

We present a qualitative analysis, employing semi-structured interviews and grounded theory, on the perceptions of defense attorneys regarding their roles and duties in contexts involving quasi-coercive offers of biological interventions, such as medication-assisted treatment therapies for opiate dependence or chemical castration, as rehabilitative strategies in sentencing. Data are from interviews with a sample of Canadian defense attorneys. We focus our analysis on defense attorneys’ views of their roles and duties as an attorney in contexts involving the decision to consent to biological interventions in the hope of securing favorable sentences, as well as their perceptions and concerns regarding their clients’ interests in these contexts. Our analysis appears to indicate that the classical model of the role and duties of defense lawyers can accommodate the increased use of biological therapies for criminal rehabilitation, and we ultimately discuss broader implications of biological treatments as rehabilitative strategies for the criminal justice system.

Movilización legal y el inicio de la lucha contra la megaminería en México. Del FAO a la REMA

<span class="fontstyle0">Este trabajo busca abonar a la creciente discusión sobre el uso de la movilización por parte de grupos organizados para lograr sus objetivos, entendiendo los recursos como un factor fundamental para llevarla a cabo, sostenerla y lograr el éxito. Al mismo tiempo, se aproxima a uno de los problemas más importantes en América Latina: los conflictos generados por megaproyectos, específicamente por la megaminería. La pregunta central que lo orienta es ¿cómo el Frente Amplio Opositor a Minera San Xavier (FAO) mantuvo el uso de la movilización legal? Para dar cuenta de ello, a lo largo del texto se contextualiza y explica el proceso de movilización de este movimiento social poniendo especial énfasis en la movilización legal. A partir del análisis de información primaria y secundaria, se sostiene que el FAO incursionó en la movilización legal sin la ayuda de una </span><span class="fontstyle2">estructura de apoyo </span><span class="fontstyle0">sólida y que, en cambio, el movimiento fue construyendo su propia estructura de apoyo en la que el papel de los abogados fue piedra angular, de manera tal que se dio un proceso de </span><em><span class="fontstyle2">embedded legal activity</span></em><span class="fontstyle0">.</span> <br /><br />