Greetings from the CGLP
Autumn greetings from the Center on
the Global Legal Profession. This issue of our newsletter focuses
exclusively on our Center's research and scholarship.
One of the great privileges I have as
director is working closely with our Center's research fellows.
Throughout 2015, I have been excited to collaborate on a number of
jointly authored studies with them, which can be seen in the
sidebar of this newsletter.
Additionally, our
stellar Center faculty has been busy with their own research on
different aspects of the profession. Below are highlights of their most
recent research accomplishments.
Jay Krishnan Professor of Law, Charles L. Whistler Faculty Fellow CGLP Director
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Hannah L. Buxbaum
John E. Schiller Chair in Legal Ethics
Prof. Hannah L. Buxbaum authored "The Viability of Enterprise Jurisdiction: A Case Study of the Big Four Accounting Firms,"
48 U.C. DAVIS LAW REVIEW 1769 (2015)
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Also, Prof. Buxbaum's most recent article, entitled "Judicial Imperialism," is forthcoming in the Washington & Lee Law Review.
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Kenneth Dau-Schmidt
Willard and Margaret Carr
Professor of Labor and Employment Law
Prof. Kenneth Dau-Schmidt
published "Labor Law 2.0: The Impact of New Information Technology on
the Employment Relationship and the Relevance of the NLRA," 64 EMORY L. J. 1583 (2015).
This study examines how t
he NLRA system of collective bargaining was born during the Industrial
Age of the early 20th century. As a result, key terms in the statute such as
"employee," "employer," and "appropriate bargaining unit" were first
interpreted in the context of long-term employment and large vertically
integrated firms that dominated this era. Beginning in the late 1970s, the new
information technology wrought a revolution in the organization of production,
increasing short-term contingent employment and the organization of firms
horizontally in trading and subcontracting relationships across the globe.
To
maintain the relevance of collective bargaining to the modern workplace, the
interpretation of the key terms of the NLRA must be updated to recognize the
changed circumstances of production and
interpret union access and employee mutual support in light of the new
technology. However, new information
technology promises further changes in the workplace with the accelerating
mechanization of many jobs and perhaps a fundamental change in the
relationship between labor and capital with the development of artificial
intelligence. In this essay, Dau-Schmidt explores the implications of new information
technology for the workplace, the interpretation of the NLRA, and the
continuing evolution of American labor policy.
In addition, Associate Dean for Research
and Prof. Brian J. Broughman and Dau-Schmidt authored "Law and
Economics, Empirical Dimensions," in THE INTERNATIONAL ENCYCLOPEDIA OF
THE SOCIAL AND BEHAVIORAL SCIENCES, 2ND ED. (JAMES D. WRIGHT, ET AL,
EDS., 2015).
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Charles Geyh
John F. Kimberling Professor of Law
Prof. Charles Geyh authored "Courting Peril: The Political Transformation of the American Judiciary," (forthcoming Oxford University Press).
The rule-of-law paradigm has long
operated on the premise that independent judges disregard extralegal
influences and impartially uphold the law. A political
transformation several generations in the making, however, has
imperiled this premise. Social science learning, the lessons of which
have been widely internalized by court critics and the general public,
has shown that judicial decision-making is subject to ideological and
other extralegal influences. In recent decades,
challenges to the assumptions underlying the rule-of-law paradigm have
proliferated across a growing array of venues, as critics agitate for
greater political control of judges and courts.
With the future
of the rule-of-law paradigm in jeopardy, this book proposes a new way of
looking at how judicial decision-making should be conceptualized and
regulated. This new "legal culture paradigm" defends the need for an
independent judiciary that is acculturated to take law seriously, but
which is subject to political and other extralegal influences. The book
argues that these extralegal influences cannot be eliminated but can be
managed by balancing the needs for judicial independence and
accountability across competing perspectives, to the end of enabling
judges to follow the "law" (less rigidly conceived), respecting
established legal process, and administering justice.
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William Henderson
Professor of Law and Val Nolan Faculty Fellow
Prof. William Henderson
was featured on the cover of the October 2015 issue of the ABA Journal.
Inside the magazine, he authored a piece entitled: "What the New Jobs
Are: New Tech and Client Needs Create a New Field of Legal Operations."
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Ethan Michelson
Associate Professor of Sociology and Law
Director, Center for Law, Society, and Culture
Prof. Ethan Michelson
recently completed Wave 2 of the China Legal Services Work Environment
Survey. By re-interviewing lawyers across China who participated in the
original 2009 survey, he discovered unexpected and dramatic growth in
the field of criminal defense, which until now has been understood as
unattractive and even dangerous to most Chinese lawyers.
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Christiana Ochoa
Professor of Law and Charles L. Whistler Faculty Fellow
Associate Vice Provost for Faculty and Academic Affairs
Assistant Director, IU Center for Documentary Research and Practice
Prof. Christiana Ochoa
is consulting with the government of Vanuatu and the Secretariat of the
Pacific Community regarding the contractual aspects of seabed
prospecting and mining in that country, with an eye to enhancing
environmental and social protections and rebalancing the risks and
benefits of any prospecting and mining activity to better serve the
country of Vanuatu. She will be traveling to Vanuatu for intensive
consultations later this year and will extend her visit to conduct
research-related field work there.
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Carole Silver Professor of Global Law and Practice Northwestern University School of Law
Together with
Louis Rocconi (of Indiana University's Center for Postsecondary Research), Prof. Carole Silver recently published "Learning From and About the Numbers," 5 JOURNAL OF LAW (4 JOURNAL OF LEGAL METRICS) 53 (2015).
In the article, the authors enter the
debate about the value of legal education, taking aim at the issue of
the ways in which law schools prepare students for practice. But rather
than focusing on skills training, their concern is with the approach of
law schools to preparing students to understanding the context of the
legal issues they will encounter, and specifically on their preparation
for working with numbers, whether with regard to business, finance, or
information presented in statistical form generally. Rocconi and
Silver's contribution to this debate is to emphasize the importance of
data in analyzing the value of law school, and they do that here with
data on what law students think they are learning in law school with
regard to business and financial concepts and quantitative information.
In addition to explaining the experiences and perceptions of a sample of
more than 8,000 law students, the importance of these data relates to
the larger framework for explaining the value of legal education to
prospective students and to the hiring market of law graduates.
Silver also is continuing her research
on the ways in which international students experience U.S. legal
education and will be participating in the American Bar Foundation's
conference on diversity with a paper from that project co-authored by
Swethaa Ballakrishnen.
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Jeffrey Stake
Robert A. Lucas Chair of Law
Prof. Jeffrey Stake has authored "Property Law Reflections of a Sense of Right and Wrong,"
(forthcoming in a 2015 book published by Springer International
Publishing, Switzerland). The study examines how an evolutionary
perspective on human morality may help us understand and critique the
law. This chapter examines three areas of American property law. In two
of the three areas, title by first possession and title by adverse
possession, the pieces of legal doctrine fit together when seen through
an evolutionary lens. In the third area of law, compensation for eminent
domain, the inconsistency between the legal doctrine and biologically
predictable human attitudes suggests why governmental takings of
property raise public ire and suggests what can be done to make the law
less offensive to normal sensibilities.
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Carwina Weng
Clinical Professor of Law and Director, Disability Law Clinic
Prof. Carwina Weng
will be presenting as part of a plenary panel at the Southern Clinical
Conference on "Teaching Cross-Cultural Competency: An Interdisciplinary
Approach," on Friday, October 23, at the University of Memphis
Cecil C. Humphreys School of Law.
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2015 joint publications led by CGLP director
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Being Your Own Boss: The Career Trajectories and Motivations of India's Newest Corporate
Lawyers, in
THE INDIAN LEGAL PROFESSION IN THE AGE OF GLOBALIZATION (
eds., David B. Wilkins, Vikramaditya
Khanna, & David Trubek, Cambridge University Press, forthcoming
2016) (J. Krishnan and P.W. Thomas)
(forthcoming 2015) (J. Krishnan, V.M. Dias and J. E. Pence)
The Aspiring and Globalizing Graduate Law Student: A Comment on the Lazarus-Black and Globokar LL.M. Study,
22 INDIANA JOURNAL OF GLOBAL LEGAL STUDIES 81-93 (2015) (J. Krishnan and V.M. Dias)
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