scholarly journals Should the US Eliminate Entry Barriers to the Practice of Law? Perspectives Shaped by Industry Deregulation

2016 ◽  
Vol 106 (5) ◽  
pp. 171-176 ◽  
Author(s):  
Clifford Winston ◽  
Quentin Karpilow

States' requirements that lawyers obtain a license to practice law, as well as American Bar Association (ABA) regulations of legal practice, constitute barriers to entry to the legal profession. In this paper, we argue that eliminating entry barriers in legal services would generate benefits that are similar to those resulting from deregulating U.S. network industries (i.e., transportation, communications, and energy.) Specifically, prices would fall as competition from incumbent firms and new entrants intensifies; in the long run, competitive forces and operating freedom would incentivize firms to produce innovations that significantly benefit consumers and the broader economy.

Author(s):  
Martin Partington

This chapter discusses the role both of those professionally qualified to practise law and of other groups who provide legal services but who are not formally qualified as lawyers. It examines how regulation of legal services providers has changed. It notes new forms of legal practice. It considers the adjudicators and other dispute resolvers who play a significant role in the working of the legal system. It reflects on the contribution made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.


Author(s):  
Martin Partington

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing. It notes new forms of legal practice. It also considers how use of artificial intelligence may change the ways in which legal services are delivered. It reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system. It reflects on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.


2021 ◽  
pp. 255-290
Author(s):  
Martin Partington

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing and the objects of regulations. It notes the development of new forms of legal practice. It also considers how the use of artificial intelligence may change the ways in which legal services are delivered. The chapter reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system, and on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.


Author(s):  
Martin Partington

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing and the objects of regulations. It notes the development of new forms of legal practice. It also considers how the use of artificial intelligence may change the ways in which legal services are delivered. The chapter reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system, and on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.


2014 ◽  
Vol 17 ◽  
pp. 59
Author(s):  
Stephen Rosenbaum

<p>With honour and humility I accepted an invitation from the U.S. State Department to participate as a technical advisor in a weeklong rule of law2 seminar in Togo, with attorneys, judges, law professors and students. My mission was to explain various models for delivery of free legal services and assist in developing proposals for establishing a bar association pro bono3 programme in conjunction with the nation’s principal law school.</p><p>When the State Department first invited me to participate in its speaker specialist programme, I admit that for me it was all about having a glimpse of an otherwise inaccessible part of the world and the attendant cultural, professional and intellectual exchange. Only after my initial programme visit did I become familiar with the concept of “rule of law” (l’état de droit), as well as the related concepts of access to justice and the law and development movement. This was to be the focus of my journey to Togo.</p>


1979 ◽  
Vol 4 (3) ◽  
pp. 501-541 ◽  
Author(s):  
Michael Powell

There have been few successful attempts in the history of the organized bar since 1870 to establish alternative bar groups that challenge the dominance of the large comprehensive local and state bar associations over the representation of lawyers' interests. Founded in 1969, a product of the social ferment of the 1960s, the Chicago Council of Lawyers provides an example of one such attempt. This paper examines the conditions under which a reform-oriented counter-bar association is likely to arise, the factors that permitted its successful establishment in Chicago, and the functions it serves within the legal profession as an alternative to the Chicago Bar Association.While the violence surrounding the 1968 Democratic National Convention in Chicago may have sparked the formation of an alternative bar association, it was intraprofessional matters that deeply concerned the founders of the Council particularly the performance of the organized bar in providing legal services to the poor and in improving the quality of the judiciary. Within the legal profession itself there was also a striking disjunction between the age of the leadership of the bar and of the numerous young lawyers who flooded in-to the bar in the 1960s. Preexisting networks of young activist lawyers greatly facilitated organizational formation.As a reformist group with a small and relatively homogeneous membership, and lacking strong ties to powerful institutions, the Council can afford to take strong stances on controversial issues. By aggressively supporting positions at odds with those of the more established bar associations, and thus providing the media, the public, and legislators with an alternative viewpoint, the Council contributes to shattering the myth of a unified profession and to the demystification of professional authority.


Author(s):  
Aref Emamian

This study examines the impact of monetary and fiscal policies on the stock market in the United States (US), were used. By employing the method of Autoregressive Distributed Lags (ARDL) developed by Pesaran et al. (2001). Annual data from the Federal Reserve, World Bank, and International Monetary Fund, from 1986 to 2017 pertaining to the American economy, the results show that both policies play a significant role in the stock market. We find a significant positive effect of real Gross Domestic Product and the interest rate on the US stock market in the long run and significant negative relationship effect of Consumer Price Index (CPI) and broad money on the US stock market both in the short run and long run. On the other hand, this study only could support the significant positive impact of tax revenue and significant negative impact of real effective exchange rate on the US stock market in the short run while in the long run are insignificant. Keywords: ARDL, monetary policy, fiscal policy, stock market, United States


2021 ◽  
Vol 21 (1) ◽  
pp. 128-147
Author(s):  
Aleksey Zazdravnykh

The article analyzes the practical aspects of the functioning of some barriers to entry in the era of digital transformation of industry markets. It is noted that under the influence of digitalization processes, both positive changes in the mechanism of market operation are recorded, as well as a number of negative circumstances that have become a serious challenge for antitrust agencies. Control of big data, initial investment in digital infrastructure, and broad technological capabilities of digital blocking of users, against the background of powerful network effects and pronounced economies of scale, carry the potential for significant growth in the market power of individual firms. The article substantiates that such trends theoretically pose a significant threat to competition, and can form new types of entry barriers. At the same time, practical arguments are presented that indicate the ambiguity of this position.


2002 ◽  
Vol 6 (3) ◽  
pp. 309-325 ◽  
Author(s):  
Sigurt Vitols

One of the greatest points of controversy in the recent literature in political economy is the extent to which “shareholder value” oriented institutional investors are drivers of change in national systems of corporate governance. This article argues that the key question is how management cultures shape managerial responses to pressures for change from capital markets. Empirical evidence for this argument is provided through an examination of changes since the mid-1990s at the “Big Three” German integrated chemical/pharmaceutical companies: Hoechst, Bayer and BASF. Despite facing similar demands from shareholder-value oriented investors, management at the three companies have pursued quite different strategies. The end result, however, may be the same from a production regime perspective, that is, the long-run withdrawal of “Big Pharma” from Germany as a location for R&D due to a more favorable institutional framework in the US.


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